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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 -2- x v a w x w O a a z w w z < F- W z c Q H � y z w 3 m 00 n �- H z w 2 w w cc t7 a It w a IW/ a w z_ Q 1— z_ Q w m O x V a I. z LL. w O2 w in w z x w C7 � a a a w w x a m Q a n�A /