HomeMy WebLinkAboutLARIMER COUNTY CANAL NUMBER 2 AT LAPORTE AVENUE - Filed OA-OTHER AGREEMENTS - 2004-11-23RCPTN # 89025452 0(;/o9/89 09:07:53 4 OF PAGES - 5 FEE - $15.001
M. RODENBERGER, RECOROT - LARTMER COUNTY CO STATE ')C FEE- S•nU
AGREEMENT
THIS AGREEMENT is made and entered into this, LL day of v<<�
1989, effective as of October 31, 1988, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter referred to as "Applicant," and
LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado mutual irrigation
company, hereinafter referred to as "Ditch Company."
PROJECT
The re -construction of a bridge over the Larimer County Canal No. 2 Ditch
located on Laporte Avenue near Frey Avenue. The location of the bridge is as
shown on Exhibit "A" attached hereto.
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 "A."
WHEREAS, Applicant desires to re -construct the bridge which crosses the
Ditch Company's right-of-way, with all construction items as detailed in the
Exhibit "B" attached hereto and made a part hereof by reference.
WHEREAS, Exhibit "B" sets 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 with-
in Agreement, it is agreed as follows:
1. The Ditch Company grants unto Applicant the right to re -construct,
install and maintain the above described bridge 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 exer-
cise of the rights granted herein..
2. Applicant has previously paid 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 Com-
pany's President, engineers and superintendent.
MY OF FORT COLLIN&
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 density.
The dikes shall be in conformance with the plans for construction 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 com-
pleted before April 15, 1989. These periods are mandatory, except as may be
extended by the President of Ditch Company or other duly authorized represen-
tative of the Ditch Company, and said construction shall in no way interrupt,
impede or interfere with the flow of irrigation water, nor shall such construc
tion 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 Ap-
plicant 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. Accordingly, it is hereby rec-
ognized 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 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 bridge within the ditch right-
of-way, it shall conduct such maintenance activities to the bridge as are neces-
sary 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
-2-
party, the defaulting party agrees to pay all reasonable expenses of said liti-
gation incurred by the enforcing party, including but not limited to docket
fees, depositions and reasonable attorneys' fees.
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.
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation
ATTEST:;'.'
By: U-�,
Title i Title
ATTES
Gqhe E. Fischer, Secretary
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
LARIMER COUNTY CANAL NO. 2 IRRIGATING
COMPANY, a Colorado mutual irrigation
company
By: A 1. o(, L7 da � t_
J hn Strachan, President
The above and foregoing Agreement was acknowledged before me this
day of 1,: , 1989, by as ' and at-
tested to by as of The City of Fort
Collins, Colorado, a municipal corporation.
Witness my hand and official seal.
My commission expires: �C i
(SEAL)
A �prov As Two Form
L�cil,,Iy City Attorney
c/
Notary Public
-3-
L'.k
'A
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The above and foregoing Agreement was acknowledged before me this; r
day of _, 1989, by John Strachan as President and attested to by Gene
E. Fischer as Secretary of Larimer County Canal No. 2 Irrigating Company, a
Colorado mutual irrigation company.
Witness my hand and official seal.
My commission expires: December 30, 1991.
CS E A't)
ti Notary PUI'1C
me
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