HomeMy WebLinkAboutWARREN LAKE RESERVOIR COMPANY DITCH - Filed OA-OTHER AGREEMENTS - 2002-11-07AGREEMENT
THIS AGREEMENT is made and entered into this /th day of fiprd
1994, by and between The City of Fort Collins, Colorado, a municipal corporation, hereinafter
referred to as "Applicant," and The Warren Lake Reservoir Company, hereinafter referred to
as "Ditch Company."
PROJECT
The project involves the installation of an underground pipe at the intersection of the
existing ditch and Timberline Road. The existing culvert will be removed and a new pipe will
be replaced in the existing flow line of the ditch. The replace-ment will be made with a new
concrete arch pipe of 127.74 linear feet and dimensions of 38" x 60" and on a 0.35 grade.
The pipe will be installed with approved wing walls. All construc-tion shall be in substantial
conformity with the attached plans and specifications prepared by Northern Engineering
Services, Inc.
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 install and maintain the
above described culvert within the existing right-of-way of Ditch Company described in the
attached Exhibits 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 Six
Hundred Fifty Dollars ($650.00). 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. 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 April
15, 1994. 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 and
the real property served 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 and concrete arch pipe within the
ditch right-of-way, it shall conduct such maintenance activities created by the construction
and pipe 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.
THE CITY OF FORT COLLINS, COLORADO
a municipal corporation
ATTEST:
Title
THE WARREN LAKE RESERVOIR COMPANY, a
Colorado mutual irrigation company
ATT
By
ne E. Fischer, Secretary
STATE OFCOLORADO )
) ss.
COUNTY OF LARIMER )
The above and foregoing Agreement was acknowledged before me this iL day of
ti :� LDS 1994, by ? e as and attested
to by , -) as i of The City of Fort C Ilins, Colorado, a
municipal corlioration. _(-e Ic
WITNESS my hand and official seal.
MY commission expires:
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3
Public
Approved
To Form
G
C1i,y Attorney
STATE OF COLORADO 1
) ss.
COUNTY OF LARIMER 1
The above and foregoing Agreement was acknowledged before me this �' day of
1994, by Ron Ruff as President and attested to by Gene E. Fischer as
Sec etary of The Warren Lake Reservoir Company, a Colorado mutual irrigation company.
WITNESS my hand and official seal.
MY commission expires: December 30, 1995
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tiy
Notary Public
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