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Home My WebLink AboutRANGEVIEW PUD - Filed OA-OTHER AGREEMENTS - 2009-03-13 (2)'': 0 6 l 4,98592 1S83Ilk R24 ki Or13 ► ? P COU14 T Y OF LARRIER STATE Or COLCRADJ F/GE /AI: X4EVISMI PIV A G R E E M E N T THIS AGREEMENT mae and entered into this 23rd day.of March, 1983, by and between PATERSON & ASSOCIATES, INC., a Colorado corporation, hereinafter' referred to as "applicant", and THE NEW MERCER DITCH COMPANY, a Colorado mutual irrigation corporation, hereinafter referred to as "ditch company". PROJECT Construction of a.fifteen inch (1511) storm sewer line all from the west side of t,h',0 New Mercer canal immediately north of Harmony Road and entering the existing concrete structure on the ditch past the existing grate.as shown on Exhibit "A", all located in the SE1/4 . Iz7 ; of the SEV4 8fM ection 35, Township 7N, Range 69W of the 6th P. M.,- Fort Collins, Larimer County, Colorado. WITNESSETH: WHEREAS, the ditch company is the owner of an irrigation ditch and the right-of-way therefor through land located in the SE1/4 of the SEV4 of Section 35, Township 7N, Range 69W of the 6th P.M., Fort " Collins, Larimer County, Colorado; and WHEREAS, applicant desires to construct a fifteen inch (15") storm sewer on the west side of said ditch and entering said ditch as described in the project described above; and WHEREAS, attached hereto as Exhibit "A" (consisting of one (1) sheet-) is the plan showing the location of such storm sewer line construction as it will enter the ditch of the ditch company and the manner in which such storm sewer line is to be constructed and. installed; and WHEREAS, said Exhibit "A" sets forth all of the plans and spe- cifications except as modified and changed by later parts of this 13 Z.1I ;i1J f J agreement; and the terms of this grant shall in no cgay be otherwise modified or changed by any subsequent or related plans or materials not included therein; and WHEREAS, the ditch company is willing to grant to applicant this right upon the terms and conditions hereinafter expressed; NOW THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: 1. The ditch company grants unto applicant the right to construct and maintain its above -described storm sewer line as shown on Exhibit "A" under the existing ditch of the ditch company. 2. Applicant will, upon completion of the project, furnish to ditch company an "as built" exhibit further•supplementing in final 'form the work described in Exhibit "A" and as modified hereinabove. 3. Applicant has paid to ditch company an application fee in the amount of Three Hundred Fifth and No/100 ($350.00) Dollars for the grant of this right-of-way. This shall be determined a minimum initial payment to cover preliminary expenses, such as legal work, time and car use of superintendent and/or directors; review of the application; and other preliminary matters. In addition thereto, applicant agrees to pay such additional reasonable and necessary expenses of the ditch company for legal services and inspection of the works by ditch company's President, engineers and/or superintendent. 4. The construction herein contemplated shall be in strict accordance with the final set of plans with modifications set forth in Exhibit "A and as modified hereinabove. Any excavation or changes in the present ditch, where concrete is not provided for, shall be backfilled, compacted and stabilized to the entire satis- faction of the ditch company. All compaction for dikes shall be done at ninety-five (95%) percent standard Proctor density. The dikes shall be in conformance with the plans for construction of the storm sewer line. Said work shall further be done under the supervision of the superintendent or other designated agents of the ditch company. -2- 3221220 . 5. All construction shall be commenced and completed prior to April 15, 1983. 6. Upon the completion of the project, the applicant shall promptly notify the ditch company and the parties shall jointly inspect the ditch at the place of construction. If there are any deficiencies in the work of the applicant or any variations from the plans set forth in Exhibit "A" and the modifications set forth above, the applicant shall forthwith remedy the same and in so doing, the applicant shall meet all reasonable requirements of the ditch company for the protection of its ditch and surrounding property. 7. It is the intent of this agreement that applicant exercise -care in the construction above described. Accordingly, it is hereby recognised by and between the parties hereto that the ditch. company is in no way responsible for any damages caused by such construction or structure. 8. The project shall be without cost to the ditch company, and the applicatn shall hereby indemnify and forever hold the ditch company harmless from liability for damages caused by the project. 9. The ditch company shall have full power.to operate, main- tain, alter, enlarge or relocate its ditch as if this agreement had not been made, and any expenses caused thereby to the applicant shall not be chargeable to the ditch company. 10. The applicant shall remain liable along with any, each and all of its successors and assigns and any homeowners association which may succeed to any interest of applicant liable for all main- tenance of this storm sewer and the storm drainage system which utilizes this storm drain. r 11. In the event either the applicant or the ditch company shall be in default in any of their covenants therein so as to require the party not in default to retain counsel to attempt to enforce the covenants by negotiations or otherwise, or to commence legal or equitable action against the defaulting party, the defaulting party agrees to pay all reasonable expenses of said -3- litigation incurred by the enforcing party, including but not limited to docket fees, depositions and reasonable attorney's fees. .12. Applicant agrees to record this agreement or an executed copy thereof, at its own expense, with the Clerk and Recorder of _ Larimer County, Colorado and furnish evidence of such recording to the ditch company. THIS AGREEMENT shall extend to and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove written. J F�, PATERSON ASSOCIATES, NC., a Colo ad corpo F ion o- By: THE NEW MERCER DITCH COMPANY, a mut al irrigation company 9 B uis F. Swi , P s ' dent n A. Wel-l-ex-i- Secretary STATE OF, COLORADO ) > ss. County of Larimer ) The above and foregoing agreement was acknowledged before me this_4- —day of March, 1983, by Robert B-Pa�'eraan, as Preside,,+, and am ArthvrFPaterson,asSecrefary. of Patterson & Associates, Inc., a Colorado corporation. Witness my hand and official seal. My Commission Expires: tis P .terry Public Address: STATE OF COLORADO ) ' ss. County of Larimer ) The above and.foregoing agreement was acknowledged before me this 23rd day of March, 1983, by Louis F. Swift as President, and attested to by Maureen A. Mueller, Assistant Secretary, of the New Mercer Ditch Company, a Colorado mutual irrigation corporation. Witness my hand and official seal. My Commission Expires: (SEAL) Notary P lic- Address : %/l_ Z.Q. v � v P li, ' -5- XxiST1N6 CQMC. 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