HomeMy WebLinkAboutNEW MERCER DITCH WEST PROSPECT ROAD - Filed OA-OTHER AGREEMENTS - 2004-11-22AGREEMENT
THIS AGREEMENT is made and entered into this /' day of i dZ �Z , 1993,
by and between The City of Fort Collins, Colorado, a municipal corporation, hereinafter
referred to as "Applicant," and New Mercer Ditch Company, a Colorado mutual irrigation
company, hereinafter referred to as "Ditch Company."
PROJECT
The construction consists of widening the bridge which now exists and crosses the
Ditch Company's ditch on Prospect Road. The bridge work will include widening the bridge
6 foot 11 inches on the north side and 4 foot 3 inches on the south side. The deck
extensions have been designed such that they do not extend beneath the existing tees, which
would restrict flow. Wingwalls will be extended an additional 6 foot beyond the widened deck
except at the southwest corner, where the existing wingwall will be utilized. The new
portions of the structure will be supported on 6 foot spread footings, and will extend to a
depth which matches the existing footings. To support the loads of the structure, it is
necessary to over -excavate 3 feet beneath the proposed grade of the footings and replace
with structural fill. Backfill around the new wingwalls will utilize existing materials and
structural backfill where required.
WITNESSETH
WHEREAS, the Ditch Company is the owner of an irrigation ditch and the right-of-way
therefor through land located as shown on the Exhibits attached hereto and made a part
hereof by reference.
WHEREAS, the attached Exhibits set forth all the plans and specifications and terms
of this grant, and shall be in no way 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 widen the existing bridge
and maintain the above described bridge across the existing right-of-way of Ditch Company
described in the attached Exhibit "A" and is incorporated herein by this reference, and further
grants unto the Applicant the right of ingress and egress to a part of its ditch as shall be
reasonable and necessary for the exercise of the rights granted herein.
2. Applicant will pay to Ditch Company an application fee in the amount of Five
Hundred Dollars ($500.00). This is determined to be a minimum initial payment to cover
preliminary expenses, such as legal work, time and motor vehicles for use by superintendent
and/or directors; review of the application; and other preliminary matters. In addition thereto,
Applicant agrees to pay for such additional, reasonable and necessary expenses of the Ditch
Company for legal services and inspection of the works by the Ditch Company's President,
engineers and superintendent.
3. The construction herein contemplated shall be in strict accordance with the final
set of plans with modifications set forth in the Exhibits. Any excavations or changes in the
present ditch because of the construction shall be backfilled, with concrete. Said work shall
further be done under the supervision of the superintendent or other designated agents of the
Ditch Company.
4. All construction shall be commenced immediately and completed before March
15, 1993. These periods are mandatory, except as may be extended by the President of
Ditch Company or other duly authorized representative of the Ditch Company, and said
construction shall in no way interrupt, impede or interfere with the flow of irrigation water,
nor shall such construction adversely affect the quality of the water. All construction shall
proceed with due care to make certain that no contamination of the irrigation water occurs.
5. 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
the Exhibits, the Applicant shall forthwith remedy the same, in so doing, the Applicant shall
meet all reasonable requirements of the Ditch Company for the protection of the ditch and
surrounding property.
6. It is the intent of this Agreement that Applicant shall exercise due care in the
construction contemplated herein . Accordingly, it is hereby recognized by and between the
parties hereto that the Ditch Company is in no way responsible for any damages caused by
such construction.
7. The project shall be without cost to the Ditch Company, and the Applicant shall
hereby indemnify and forever hold the Ditch Company harmless to the extent permitted by
law and the charter of the City of Fort Collins for liability for damages caused by the project.
8. The Ditch Company shall have full power to operate, maintain, 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.
9. The Applicant agrees that, because of increased maintenance expenses and
difficulties occasioned by the location of the construction within the ditch right-of-way, it shall
conduct such maintenance activities to the construction as are necessary to facilitate the
customary carriage of irrigation water in said section of the ditch.
10. In the event either the Applicant or the Ditch Company shall be in default in any
of their covenants herein, 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 litigation incurred by the enforcing party, including, but not limited to docket fees,
depositions and reasonable attorneys' fees.
2
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.
ATTES
ene E.Ascher,- ecretary
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
THE CITY OF FORT COLL.NS, COLORADO
a T
rporation
By:
Title
NEW MERCER DITCH COMPANY, a Colorado
F. Swift, President
The above and foregoing Agreement was acknowledged before me this 'I day of
1993, by `)J1,� •.�e:,,P l and attested to by
11 �irr`�rirk as Ufa-', "/�� �-!`- of The City of Fort Collins, Colorado, a
municipal corporation.
WITNESS my hand and official seal.
MY commission expires: n—lf, _
�4'Notary Public
Approve To Form
3 L_
eputy City Attorney
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
y�� The above and foregoing Agreement was acknowledged before me this J��ay of
T /'/G� c. L(— , 1993, by Louis F. Swift as President and attested to by Gene E. Fischer as
Secretary of New Mercer Ditch Company, a Colorado mutual irrigation company.
hand and official seal.
Y commNpi0 expires: December 30, 1995
NOTARY ':
s a
PUB r
ti Op Notary —Public
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