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Home My WebLink AboutLARIMER COUNTY CANAL NUMBER 2 AT WEST PROSPECT ROAD - Filed OA-OTHER AGREEMENTS - 2004-11-24RCPTN # 89025451 06/0q/89 g9:07:45 4 OF PAGES - 5 FEE - S15.00 M. RODENRFRGFR, RFCOF 'R - LARIMER COUNTY CO STA DOC FEE- R,qq AGREEMENT THIS AGREEMENT is made and entered into this day of el , 1989, effective as of October 31, 1988, by and between THE CITY—ff 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 West Prospect Road near Heatheridge Road. The location of the bridge is as shown on Exhibit "A" attached hereto. MITNESSETH: 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; N0VI, 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. MOFFORT COLLIN6 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: 8Y txf;Il. �— Title I . Title STATE OF COLORADO ) ss. COUNTY OF LARIMER LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado mutual irrigation company By: ` Sw— Jo n Strachan, President The above and foregoing Agreement was acknowledged before me this day of 1989, by as 1 and at- tested to by asl, — of The City of Fort Collins, Colorado, a municipal corporation. Witness my hand and official seal. My .commission expires: i (SE 'A L) Notary Public 4JY!)Vjf3� r�*: fC I..,t61 -3- A STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The above and foregoing Agreement was acknowledged before me this day of ; 1989, by John Strachan as President and attested to by Gene E. FischVr�-as Secretary of Larimer County Canal No. 2 Irrigating Company, a Colorado mutual irrigation company. 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