HomeMy WebLinkAboutRAINTREE PUD - Filed OA-OTHER AGREEMENTS - 2008-06-06%W
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Pacific Guaranty Retail Development Corporation
14180 Dallas Parkway, Suite 400
Dallas, Texas 75240
3279/049
February 19, 1986
City of Fort Collins
300 Laporte Avenue
Fort Collins, Colorado 80522
Attention: Stephen J. Roy, Esq.
Re: Proposed construction of storm drainage system servicing
Raintree P.U.D. by Pacific Guaranty Retail Development
Corporation
Gentlemen:
This letter of agreement will evidence our understanding with regard
to certain construction to be undertaken by Pacific Guaranty Retail
Development Corporation ("Pacific") involving the installation of a storm
drainage system (the "Work") affecting property owned by Pacific within the
Raintree Planned Unit Development (the "Raintree Property") and property
owned by the City of Fort Collins, Colorado (the "City") which is
currently being used as a park (the "Park Property"). In particular,
Pacific has requested that the City permit Pacific to commence that portion
of the Work which affects the Raintree Property immediately upon execution
of this letter, and to commence that portion of the Work which affects the
Park Property upon the effective date of City approval for an easement
across the Park Property as may be necessary for the Work (the "Easement").
The Easement shall be in a form satisfactory to the City. It is anticipated
that the request'for the Easement will be considered for approval on March
4, 1986 and that, subject to approval by the City Council and the
satisfaction of certain post -approval requirements pertaining to public
notice and the public's right to object to the actions so taken, the
Easement will be effective on March 15, 1986. In consideration of the
exchange of mutual promises recited below and other good and valuable
consideration, the parties agree as follows:
City of Fort Collins
February 19, 1986 %ew
Page 2
The City agrees to permit Pacific to commence the Work and Pacific
agrees to undertake said Work, subject to the following terms and
conditions:
1. Pacific agrees to indemnify and hold harmless the City from all
liability, loss, cost and expense arising in connection with
Pacific's proceeding to commence the Work prior to the approval by
the City of the plans and specifications therefor.
2. The parties acknowledge that the Work must be performed according
to plans approved by the City and that; (a) the Work proposed to
be undertaken by Pacific is not according to any approved set of
plans, and (b) such Work is being undertaken by Pacific with full
knowledge that the plans ultimately approved by the City may
require different or additional Work to be performed by Pacific
and that any such additional different Work be at the City's
discretion and at no expense to the City.
3. The City agrees to review the progress of the Work, but it is
agreed and acknowledged that such review shall not constitute
approval of the Work.
4. As a condition precedent to the City's approval of the Work, and
prior to the commencement of any Work on City -owned property, the
consent of the City Council to the yrant of the Easement must be
obtained.
5. As a condition precedent to the City's approval of the Work,
Pacific must submit reasonable evidence of approval of the plans
and specifications therefor by the New Mercer Canal Company and
Larimer County #2 Canal Company, which currently have the rights
to the use of an existiny drainage ditch which crosses the
proposed line of the Work.
6. Pacific, its employees, agents, or contractors agree not to
trespass across the Park Property prior to the effective date of
the City's grant of the Easement.
7. In consideration for the City's yrantiny the Easement, and prior
to obtaining the same, Pacific agrees to cause to be paid to the
City the amount of $2,150.00.
City of Fort Collins
February 19, 1986
Page 3
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If you are in agreement with the foregoiny, please evidence the
same by your execution of this letter in the space provided below. I would
appreciate your transmitting to me two executed counterparts of this letter
for my files.
Very truly yours,
Jim Tracy
Regional Manager
ACKNOWLEDGE AND AGREED TO
this OLE+ day of February, 1986
CITY OF COLLINS, COLO
By:
C i t Manager
ATTEST:
City Clerk
r
APPROVE; AS TO FORM:
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