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Home My WebLink AboutARTHUR DITCH SHIELDS STREET - Filed OA-OTHER AGREEMENTS - 2003-03-12RCPTN # 87008071 02/11/87 10:57:58 # OF PATES - 5 FEE - M RODEdBERIER, RECORDER - LARIMER COOQTY, CO STATE DOC FEE, $15.00 $.00 A G R E E M E N T THIS AGREEMENT is made and entered into this r��' r day of January, 1987, by and between THE CITY OF FORT COLLINS, a municipal corporation, hereinafter referred to as "applicant", and T14E ARTHDR IRRIGATION COMPANY a Colorado mutual irrigation company, hereinafter referred to as "ditch company." PROJECT Construction of water line as same crosses ditch company's ditch on Shields street in the City of Fort Collins, County of Larimer, State of Colorado. WITNESSETH: WHEREAS, the ditch company is the owner of an irrigation ditch and the right-of-way therefor through land located on Shields Street approximately one-iourth mile north of Vine Street, in the City of Fort Collins, County of Lariiner, State of Colorado; and WHEREAS, applicant desires to construct and install a 24" carrier pipe and 12" water line under ditch company's ditch at the location above described and further detailed in the exhibit attached hereto and made a part hereof by reference; and WHEREAS, attached hereto as Exhibit "A", dated December 16, 1986, (consisting of one (1) sheet) are detailed plans of such construction showing the location of such bridge as same will cross the ditch of ditch company and the manner in which it will be constructed and installed. WHEREAS, said Exhibit "A" sets forth all of the plans and specifications, and the terms of this grant 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, install and maintain the above described water line as shown in Exhibit "A", under the existing ditch of ditch company, and further grants unto the applicant the right for 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, upon the completion of the project, fur- nish to ditch company an "as built" exhibit further supplementing in final form the work described in Exhibit "A". s. Applicant has paid to ditch company an application fee in the amount of Two Hundred Fifty Dollars ($250.00). This shall be determined a minimum initial payment to cover preliminary expen- ces, such as legal work, time and car use of superintendent and/or directors; review of the application; and other prelimi- nary matters. In addition thereto, applicant agrees to pay 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/or superintendent until final approval of the project. 4. The construction herein contemplated shall be in strict accordance with the final set of plans with modifications set forth in Exhibit "A". Any excavations or changes in the present ditch shall be backfilled, Oompacted and stabilized to the entire satisfaction of the ditch company. All compaction for dikes shall be done to ninety-five (95%) percent standard Proctor den- sity. S. All construction shall be commenced and completed prior to April 15, 1987, and applicant agrees said construction shall in no way interupt or impede the flow of water. 6. 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 -2- the plans set forth in Exhibit "A", the applicant shall forth- with 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. 7. It is the intent of this agreement that applicant exercise care in the construction of said crossing. 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. B. The parties hereto recognize that because of the construe- tion of this project by the City upon ditch company property, there is increased opportunity for claims to be made by third parties for injury, damage, seepage or other reasons against the City and the ditch company. To the extent that the company's risks or obligations are increased because of the City's location of its project upon ditch company property, the City shall defend, indemnify and hold the ditch company harmless therefrom. 9. The ditch company shall have full power to operate, main- tian, 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. 1o. 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 attorney's fees. 11. Applicant agrees to record this agreement or an executed copy thereof, at its own expense, with the Clerk and Recorder of Larimer County, Colorado, and furnish evidence of such recording to the ditch company. -3- THIS AGREEMENT shall extend to and be binding upon the heirs, successors and assigns of the respective parties hereto. (SEAL) TTE_STn: Clerk STATE OF COLORADO ) ss. County of Larimer ) THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, By:j6v� c, 'title: C:fy Manager APPROVED; City Attorney Thejbove and foregoing agreeiLient was acknowledged before me this day of ,., o�ccnrnc�-`t-,--�.-5 by -.� '- f 6c'!� �c, f�P as ( �'r n�:--c�i' and attested to by j� �. as !„ ( �r �'G of THE CITY OF FORT COLLINS, COLORADO, a municipal corporation. Witness my hand and official seal. My Commission Expires: (SEAL) Notary Public THE ARTHUR IRRIGATION COMPANY a Colorado mutual irrigating company (SEAL) By ATTEST: loin Johnson, President Judith W. Ewegen,,Asst. Secretary STATE OF COLORADO ) ss. County of Larimer ) The above and foregoing agreement was acknowledged before me this day of January, 1987, by Calvin Johnson as President, and attested to by Judith W. Ewegen, as Asst. Secretary, of THE ARTHUR IRRIGATION COMPANY, a Colorado mutual irrigation company. 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