HomeMy WebLinkAboutNEW MERCER DITCH WEST HARMONY ROAD - Filed OA-OTHER AGREEMENTS - 2004-11-23AC,RFFMFNT
THIS AGREEMFNT, is entered into this ` Y- day of
A_, 19R6, between the City of Fort Collins, Colorado
( C� ity-") and The New mercer Irrigation Company (New Mercer).
WHEREAS, the New ,".Mercer ditch intersects Harmony Road
and the Burlington ;�?orthern Railroad in_ the City with a
fifty-four inch RCP culvert as shown on Fxhihit "A" attached
'hereto and incorporated herein by this reference; and
WHFR.FAS, the City was previously granted a drainage
inlet with a six inch aperture into said culvert, which as
installed was four feet in length; and
WHEREAS, in order to better accomplish drainage of
Harmony Road and developments upstream of the said inlet,
the City is desirous of increasing the length of its inlet
to fifteen feet and which increase in size would result in a
corresponding increase in rate of flow through the inlet
during a ten year storm in the volume of twelve CFS over the
present approximate rate of flow of three CFS; and
WITEREAS, the purpose of this Agreement is to afford the
City the opportunity of increasing the length of its present
inlet to fifteen feet upon condition that the City conduct
certain maintenance activities that are necessary as a result
of the said increased rate of flow.
NOW THF.RFFORF, in consideration of the mutual promises
of the parties, and other good and valuable consideration,
the adequacy of which is hereby acknowledged, it is agreed
as follows:
1. The City is hereby authorized to remove the existing
four foot inlet to the fifty-four inch culvert and is further
authorized to install, in replacement thereof., an inlet
with a six incr aperture and fifteen foot length in accordance
with th.e plans and specifications entitled "The Arbor Plaza
Shopping Center P.U.D."
2. As a condition of the installation of said inlet,
and the corresponding increase in rate of flow of twelve CFS
(for a total of fifteen CFS rate of flow during a ten year
design storm), the City does hereby agree to conduct trash
and sediment removal activities as are necessitated as a
result of said increased rate of flow for the reach shown on
Exhibit "A."
3. The City recognizes and agrees that the main
purpose for the fifty-four inch RCP culvert is for the trans-
portation and delivery of irrigation water. If for any reason
the delivery of irrigation water is impeded because of said
inlet, the City agrees to expeditiously eliminate the problem.
If the City does not correct the problem within eight hours
after receipt of notice, New Mercer may take such measures
as are necessary to clear or remove the inlet and drain. Iv.
that event, the City agrees to promptly reimuhrse New Mercer
for all expenses so incurred.
4. The City agrees to inspect such inlet from time to
time to make certain that the inlet is unobstructed and the
flow through the inlet is not in any way impeded by silt,
debris, or any other foreign objects or material.
5. This Agreement constitutes the entire understanding
of the parties hereto with respect to the subject matter
hereof, there being no oral or no other understandings in
contravention hereof or addition hereto, and this Agreement
shall inure to the benefit and detriment of the successors
and assigns of the parties hereto.
IN WITNFSS VJH.EREOF, the
went the day and year first
A TEST:
City Clerk
APPROVED AS TO FORM:
;-
Assistant City Attorney
parties have executed this Agree-
aho e written.
City Manager
THE FW MERCER DITCH COMPANY
1
Louis F. Swift, Pr idbknt
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