HomeMy WebLinkAboutPLEASANT VALLEY AND LAKE CANAL BROWN FARM - Filed OA-OTHER AGREEMENTS - 2002-10-23AGREEMENT
THIS AGREEMENT is made this // N day of February, 1991, by
and between the City of Fort Collins, Colorado (City), and the
Pleasant Valley and Lake Canal Company (Company).
FACTUAL BACKGROUND
The Company is a mutual ditch company owning, operating and
maintaining a canal which traverses the northern and western
areas of the City. The City is a substantial shareholder of the
Company.
The City has received complaints from homeowners in the
"Brown Farm" subdivision concerning water in their basements.
Investigation by the City discloses that a number of developers
and contractors constructed basements in certain portions of that
subdivision having a very high groundwater table. Investigation
has disclosed that a high groundwater table in that area occurs
as a result of a combination of topography, precipitation, and
natural surface waters, and also that the height of the
groundwater table is influenced by seepage from the Company's
canal in that location.
The Company and the City agree that the ditch has been
properly operated and maintained, and that seepage from the bank
and beds of the ditch is a natural phenomenon, in no way
exacerbated by any impropriety or negligence upon the part of the
Company or its employees, or the City. The Company and the City
further agree that neither has any legal obligation to take any
steps to remedy this situation for the homeowners. However, the
City, seeking to protect and preserve the public health, safety
and welfare, desires to alleviate the condition of the homeowners
by reducing seepage from the banks and bed of the ditch to the
end of lowering the groundwater table for the benefit of citizens
living in that area. The Company has no objection.
AGREEMENT
NOW, THEREFORE, it is agreed:
1. At the City's expense, the City may install a lining,
as more particularly described on Sketch 1, attached, in and on
the bed and banks of that portion of the Company's canal
traversing the Southeast Quarter of Section 21, Township 7 North,
Range 69 West of the 6th P.M., Larimer County, Colorado, as more
particularly described on Sketch 2, attached. The lining will be
designed to reduce seepage from the canal into the Brown Farm
subdivision.
2. All work done by the City shall be done at such times
agreeable to the Company and as will not interfere with the
carriage of water in the canal during the irrigation season.
3. The work will be accomplished in such a manner as not
to restrict in any way the present water carrying capacity of the
canal; and the work shall be done in accordance with plans and
specifications approved by the Company. The project will be
designed and constructed so as to avoid damage to the canal and
if any damage shall occur it will be immediately repaired by the
City to the satisfaction of the Company.
4. If any of the work is accomplished by private
contractors hired by the City, the City shall require such
contractors to be fully insured against any claims of liability,
and the City will ensure that all contractors, subcontractors,
laborers, and materialmen are fully paid so as to protect the
Company from the filing of any mechanic's liens.
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5. The City indemnifies and holds harmless the Company,
its directors, officers and employees, from any demands or claims
of liability of any nature arising from any of the actions of the
City under this agreement, and agrees to pay all legal costs and
expenses in the event of any suit asserting such liability on the
part of the Company, its directors, officers and employees.
IN WITNESS WHEREOF, the parties have caused these presents
to be executed effective the day and year first above mentioned.
CITY OF FORT COLLINS
ATTEST: k_ Ci
By: _
PLEASANT VALLEY AND LAKE CANAL COMPANY
ATTEST:
G<sL
President
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