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Home My WebLink AboutLARIMER COUNTY CANAL NUMBER 2 AT CITY PARK NINE - Filed OA-OTHER AGREEMENTS - 2004-11-24ki'P'Pty # 9002L986 05/24,y0 L0:01:58 # PAGES 0 OUNTY (_,l STATE l; 1.c5,' AGREEMENT THIS AGREEMENT is made and entered into this 44 day of Aw , , 1990, 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 construction of a pedestrian bridge over the Larimer County Canal No. 2 located along the northerly right of way line of Mulberry Street across City Park. The location of the bridge is as shown on Exhibit "A" attached hereto. Exhibit "A" consists of two separate pages . 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 construct and install a pedestrian bridge which will cross the Ditch Company's right-of-way, with all construction items as detailed in the Exhibit "A" attached hereto and made a part hereof by ref- erence. WHEREAS, Exhibit "A" sets forth all the plans, 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 within Agreement, it is agreed as follows: 1. The Ditch Company grants unto Applicant the right to construct, in- stall 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 exercise of the rights granted herein. 2. Applicant has previously paid to Ditch Company an application fee in the amount of Four Hundred Fifty Dollars ($450.00). This is determined to be a minimum initial payment to cover preliminary expenses, Cush 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, Ap- OrTY OF FORT COU I '_�; 01 r plicant agrees to pay for such additional, reasonable and necessary expenses of the Ditch Company for legal services and inspection of the work by the Ditch Company's President, engineers and/or superintendent. 3. The construction herein contemplated shall be in strict accordance with the final set of plans with modifications set forth in the attached Ex- hibits. Any excavations or changes in the present ditch shall be backfilled, compacted and stabilized to the entire satisfaction of the Ditch Company. The only disturbance to the ditch bank will be the described notch to install the beams. All compaction shall be done to ninety-five percent (95%) standard Proctor density. Said work shall further be done under the supervision of the superintendent or other designated agents of the Ditch Company. 4. The City agrees to excavate the ditch bottom as provided in the plans and specifications while cleaning the silt in the box culvert under Mulberry Street. 5. The construction shall be promptly commenced and the silt cleaning, excavation of the bottom of the canal and the drilling of the pier foundation shall be completed before April 15, 1990. All construction shall be completed on or before May 4, 1990. These periods are mandatory, except as may be ex- tended 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 the 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. 6. Upon completion of the project, the Applicant shall promptly notify the Ditch Company and City, 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 attached Ex- hibit, the Applicant shall forthwith remedy the same, in so doing, the Applicant shall meet all reasonable requirements of the Ditch Company and City for the protection of the ditch and surrounding property. 7. It is the intent of this Agreement that Applicant shall exercise due care in the construction as herein contemplated. Accordingly, 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. 8. 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, including attorney fees and costs, caused or incurred because of the project. 9. 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 expense caused thereby to the Applicant shall not be chargeable to the Ditch Company. - 2- 10. The City 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 and to the street directly over the bridge as are necessary to facilitate the customary carriage of irrigation water in said section of the ditch. The City also agrees in perpetuity to maintain the area of the ditch affected by the bridge and to keep the area free of all trash and debris and that the flow of irrigation water will be unimpeded. 11. 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 liti- gation incurred by the enforcing party, including but not limited to docket fees, depositions and reasonable attorneys' fees. 12. Prior to the commencement of construction, Applicant agrees to re- cord, 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. 13. This Agreement shall extend to and be binding upon the heirs, succes- sors 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. ATTEST: nip Title THE CITY OF FORT COLLINS, a MU- NICIPAL CORPORATION Title LARIMER COUNTY CANAL NO. 2 IR IGATING COMPANY, A Colorado mutual irrigation company By: A c . _ S-�161 Jqhi Strac an, President Approve To form -3- CJ puty City Aito: ncy STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The,aboverand foregoing Agreement was acknowle day of f- 1990, by /i�, and attested t o b City of Fort Collins, a municipal corporation. Witness my hand and official seal. My commission expires: / d (S E A L) STATE OF COLORADO ss. COUNTY OF LARIMER Notary Public efore me th)}s a s ( , � (- "" c The ove nd for Agreement was acknowledged before me thisyL day of , 1990, by John Strachan as President and Gene E. Fischer as Secretary of Larimer County Canal No. 2 Irrigating Company, a Colorado mutual irrigation c(mpany. Witness my hand and official seal. My commission expires: December 30, 1991. ( SEAL) �r Not Publi - 4- i* w 3 �� '+� I PRoroscp C+zocs �n,N I �v- �1 0 4 h � ` y 3 o m J I ih a m0 o� li \ I h S q 1 8 D g s v -°r In