HomeMy WebLinkAboutCENTRE FOR ADVANCED TECHNOLOGY PUD NINTH - Filed OA-OTHER AGREEMENTS - 2003-10-17AGREEMENT
THIS AGREEMENT is made and entered into this /7r� day of
_ '/ ' _ 1988, 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 of the New Mercer Storm Drain Crossing
located on the north side of Drake Road at its intersection with
the main irrigation ditch of the Company. The project is desig-
nated No. 035-067 by RBD, Inc. The legal description of the
property involved in the project is described on Exhibit "A."
WITNESSETH:
WHEREAS, the Ditch Company is the owner of an irrigation
ditch and the right-of-way therefor through land located as shown
on Exhibit "B."
WHEREAS, Applicant desires to construct and install a storm
drain crossing which will cross the Ditch Company's right-of-way,
with all construction items as detailed in the Exhibits attached
hereto and made a part hereof by reference.
WHEREAS, Exhibit "B" sets forth all the plans and specifi-
cations 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
construct, install and maintain the above described items across
the existing ditch of Ditch Company, 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 has previously paid to Ditch Company an ap-
plication fee in the amount of Five Hundred Dollars ($500.00).
This is determined to be a minimum initial payment to cover pre-
liminary expenses, such as legal work, time and motor vehicles
for use by superintendent and/or directors; review of the appli-
cation; and other preliminary matters. In addition thereto,
Applicant agrees to pay for such additional, reasonable and nec-
essary expenses of the Ditch Company for legal services and in-
spection 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 Exhibit "B." Any excavations or changes in the present
ditch shall be backfilled, compacted and stabilized to the entire
satisfaction of the Ditch Company. All compaction for dikes
shall be done to ninety-five percent (95%) standard Proctor den-
sity. The dikes shall be in conformance with the plans for con-
struction as furnished. 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 after October 15,
1988 and completed before April 15, 1989. 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.
S. 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 "B," 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 of said crossing. Accord-
ingly, 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 or structure.
7. The projects shall be without cost to the Ditch Company,
and the Applicant shall hereby indemnify and forever hold the
Ditch Company harmless 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 Agree-
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ment 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 main-
tenance expenses and difficulties occasioned by the location
of the storm drain within the ditch right-of-way, it shall con-
duct such maintenance activities to the storm drain as are nec-
essary 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.
11. Prior to the commencement of construction, Applicant
agrees to record, at its expense, a fully executed copy of this
Agreement with the Clerk and Recorder of Larimer County, Colorado
and furnish such recorded Agreement 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 writ-
ten.
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation
ATTEST
By:
Title Title
ATT1�6/T Z'
Ge e E. Fis her, Secreta
Apr, �,✓ch ,`,i�yq: J i Oi;71:
NEW MERCER DITCH COMPANY, a Colorado
m tua-1 irrigation company
Louis F. Swift, Pres'den
-3-
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The abo e and foreg ing Agreement was acknowledged before
me this _ �n� day of A,aL rn12e✓ , 1988, by d - _e 1'5�,Ir t�
as C it.��L/iP� and attested to by C, ;0'41 � Mi as c ik T—, of The City of Fort Collins, Colorado,
a municipal corporation.
Witness my hand and official seal.
My commission expires: MyCommission expires September 12.i.OJn2
(S E A i, ) /C /C - -Iyt t'
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The above and foregnin Agreement was acknowledged before
me this r' day of /��' , 1988, 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.
Witness my hand and official seal.
My commission expires: December 30, 1991.
(S E N L)
i
'Notary Pu4)1�X
-4-
EXHIBIT A
DESCRIPTION OF A 20 FOOT UTILITY EASEMENT ACROSS THE NEW MERCER
CANAL
A permanent 20 foot easement located on, over and across the
Southwest Quarter of Section 23, Township 7 North, Range 69 West
of the 6th P.M., City of Fort Collins, County of Larimer, State
of Colorado being more particularly described as follows:
That portion of a permanent easement 20 feet in width being 10
feet each side as measured at right angles and parallel with the
centerline as constructed and the centerline described as
follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, South 89°25'51" East from a found steel pin
in the pavement at the South Quarter corner of said Section 23 to
a found P.K. nail at the Southwest corner of said Section 23 and
with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 23; thence
along the South line of said Southwest Quarter, South 89°25'51"
East, 2379.22 feet; thence, North 00°34'09" East, 50.00 feet to
the North right-of-way line of West Drake Road, thence, along
said North right-of-way line, North 89°25'51" West, 17.24 feet to
the POINT OF BEGINNING, said Point of Beginning also being on
said centerline; thence along said centerline, North 67°29'16"
East, 41.78 feet to the terminus of said centerline.
The above described tract of land contains 798 square feet and is
subject to all easements and rights -of -ways now on record or
existing.
EXHIBIT "B'
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