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HomeMy WebLinkAboutLARIMER COUNTY CANAL NUMBER 2 AT WEST DRAKE ROAD - Filed OA-OTHER AGREEMENTS - 2004-11-24AGREEMENT THIS AGREEMENT is made and entered into this ay of 7t [ jagg 1993, 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 DESCRIPTION Widening of the existing bridge which crosses the Larimer County Canal No. 2 on Drake Road. The bridge work will include widening the south side of the bridge to provide a continuous sidewalk across the ditch, as well as reconstructing the bridge rail on both the north and south sides of the bridge. The bridge is being widened 12 foot 2 inches on the south side to allow for the sidewalk to be extended across the canal. On the north side a bridge railing is to be constructed, with no additional widening. At the southwest corner the wingwall will be extended 8 foot beyond the new deck and at the southeast corner the wingwall will be extended 10 foot 5 inches. The deck extension has been designed to not extend beneath the existing tees, which would restrict flow. The new portions of the structure will be supported on 4 foot 6 inch spread footings and will extend to a depth which matches the existing footings. No over -excavation below the proposed footing grade is anticipated. WITNESSETH WHEREAS, the Ditch Company is the owner of an irrigation ditch and the right-of-way therefor through land located as shown on the Exhibits attached hereto and made a part hereof by reference. WHEREAS, the attached Exhibits set 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 within Agreement, it is agreed, as follows: 1. The Ditch Company grants unto Applicant the right to widen the existing bridge and maintain the above described bridge across the existing right-of-way of Ditch Company described in the attached Exhibit "A" and is incorporated herein by this reference, 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 will pay to Ditch Company an application fee in the amount of Five Hundred Dollars {5500.00}. 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 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 the Exhibits. Any excavations or changes in the present ditch because of the construction shall be backfilled, with Class I structural backfill. 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 immediately and completed before March 15, 1993. 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. 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 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 contemplated herein . 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. 7. The project shall be without cost to the Ditch Company, and the Applicant shall hereby indemnify and forever hold the Ditch Company harmless to the extent permitted by law and the charter of the City of Fort Collins 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 construction within the ditch right-of-way, it shall conduct such maintenance activities to the construction as are necessary 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. 2 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. ATTE GenOE. 'Fischer, Secretary STATE OF COLORADO ) ) ss. COUNTY OF LARIMER I THE CITY OF FORT COLLINS, COLORADO a municipal corporation /b�c����� By: < Title LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado mutual irrigation company By: �A— Jo& Strachan, President The above and foregoing Agreement was acknowledged before me this41 day of 1993, by �' 1 i6 �` '�o 1_k" Ji as p fir- V V!o_y_ 4r -r and attested to byi_:-` ,�. ��)' . �;ras - Ra ,L-� : A ti of The City of Fort Collins, Colorado, a municipal corporation. WITNESS my hand and official seal. MY commission expires: 31 a 1) i 1 Notary Public MESP : o f .. .YiJ a l.. `_'. . 71 3 STATE OF COLORADO ► ► ss. COUNTY OF LARIMER I qThe above and foregoing Agreement was acknowledged before me this day of ce 6 , 1993, 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. sion expires: December 30, 1995 P� a d,� A Notary Public AMVJ.ON 4 RCPTN # 4410f1/h_i I1J/'73144 1_l4-2'/'0 Jt PAG_, - 4 FEE - $JO,OD M R(_)DFN8KR(,ER RF('OR OM',H, TARJMF'H COUNTY Co STATF DOC WEE - $,n) AGREEMENT THIS AGREEMENT is made and entered into this day of December 1994, 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 DESCRIPTION The installation of a 36" storm sewer in the north section of the Drainage Segment and a 36" storm sewer with manholes in the south section of the Drainage Segment, with said storm sewer being located below the bottom of the ditch WITNESSETH WHEREAS, the Ditch Company is the owner of an' ngation ditch and the right-of-way therefor through land located as shown on the Exhibitttached hereto and made a part hereof by reference, a portion of which ditch (as it relates to the proposed storm drainage improvements herein described) is located as follows (which portions hall hereafter be referred to as the "Drainage Segment"): a. Commencing at the intersection of West Drake Road and the ditch and extending 75 lineal feet north of this intersection (the north section); and b. Commencing at the intersection of West Drake Road and the ditch and extending 700 lineal feet south of this intersection (the south section). WHEREAS, the attached Exhibits as prepared by Lidstone & Anderson, Inc., set 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 within Agreement, it is agreed, as follows: 1. The Ditch Company grants unto Applicant the right to install the above - described storm sewer and maintain the above described storm eeyver under the existing right- of-way of Ditch Company described in the attached Exhibit "A,�and is incorporated herein by this reference, 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 will pay an application fee in the amount of Five Hundred Dollars {5500.00). This is determined to be a minimum initial payment to cover preliminary 1 f�lo nil kYh/jW,, (� (e- c7v I,,/rr �� 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 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 the Exhibits. Any excavations or changes in the present ditch because of the construction shall be backfilled, compacted and stabilized to the entire satisfaction of the Ditch Company. All compaction for ditch banks shall be done to ninety-five percent (95%) standard Proctor density and with clay materials. The ditch banks shall be in conformity 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, 1994 and completed before April 15, 1995. 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. 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 Applicant shall forthwith remedy the same and 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 contemplated herein . 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. 7. The project shall be without cost to the Ditch Company, and the Applicant shall hereby indemnify and forever hold the Ditch Company harmless to the extent permitted by law and the charter of the City of Fort Collins 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 construction within the ditch right-of-way, it shall conduct any maintenance activities to the facilities after construction as are necessary to facilitate the customary carriage of irrigation water in said section of the ditch. 2 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. 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. ATTEST: U Title ATTEST: THE CITY OF FORT COLLINS, COLORADO a municipal corporation By: / Title LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado mutual irrigation company I By: ---t LGer,e E. Fischer, Secretary J014 Strachan, President STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The above and foregoing Agreement was acknowledged before me this= day of 11 " December 1994, by 1, icz,ie C �i�' as /n ".�-�� t eHi, i"�,«�� and attested to by b i1' I_.,; t as [, %c, k of The City of Fort Collins, Colorado, a municipal corporation. WITNESS my hand and official seal. L. MY commission expires: -�, � {seal) I -f Notary Public 3 ApprovO As To "orm CiePuty City Attorney qj1� STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The above and foregoing Agreement was acknowledged before me this I day of December , 1994, 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, 1995 {sal,r`" }� � �►�� � j� ��a ry Public �l i 9