HomeMy WebLinkAboutARTHUR DITCH WOOD STREET - Filed OA-OTHER AGREEMENTS - 2003-03-12RCPTN # R9026714 06/ /89 12.:44:42 # OF PACT - 6 FEE - $25.00
M. RODENBERGER, RECORDER - LARIMER COUNTY CO STATE UOC FEE- S.00
AGREEMENT
THIS AGREEMENT is made and entered into this 26t day
of ......Apr11_— 1989, by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation, hereinafter re-
ferred to as "Applicant," and THE ARTHUR DITCH COMPANY, a Colorado
mutual irrigation company, hereinafter referred to as "Ditch
Company."
PROJECT
The installation of a twelve inch water main enclosed
within a twenty inch casing pipe under Arthur Ditch located
at Vine Drive between Wood Street and Shields Street, all in
the City of Fort Collins, Colorado. The location of the in-
stallation is as shown on Exhibit "A" attached hereto.
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 install a twelve inch water
main enclosed within a twenty inch casing which will cross
under the Ditch Company's right-of-way, with all construction
items as detailed in the Exhibit "B" attached hereto and made
a part hereof by reference.
WHEREAS, Exhibit "B" sets forth all the plans and specifi-
cations 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 water main under
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 concurrently herewith 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, such as legal work,
time and motor vehicles for use by the 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 any modifi-
cations set forth in Exhibit "B" to be attached and initialled
by the parties hereto. No changes of any kind shall be made
in ditch and the banks and bottom shall be undisturbed. Said
work shall further be done under the supervision of the super-
intendent or other designated agents of the Ditch Company.
4. All construction shall be commenced before __ May-5 _,
1989, and completed before May 15, 1989. 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 said installation. 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 installation.
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7. The project 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 caused by
the project.
8. The Ditch Company shall have full power to operate,
maintain, alter, enlarge or relocate its ditch as if this Agree-
ment had not been made, and any expenses caused thereby to
the Applicant shall not be chargeable to the Ditch Company.
9. 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, incluidng
but not limited to docket fees, depositions and reasonable
attorney's 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.
F, u,. c! o Form —
��� THE CITY OF FORT COLLINS, COLORADO,
--- �.tt a Municipal Corporation
D• ;>uty Dbi, Attorney
ATTEST: _
Title �� � Title
THE ARTHUR IRRIGATION COMPANY
a Colorado Mutual Irrigation
Company
ATTE
-- -- ---- Ey'- --
Sec e ary President]
v
-3-
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The above and foregoing Agreement was acknowledged before
1_
me this, �__� day of _ 1989, by
as ___ _,, -, and attested to by
as __L__-__---� �_> of The City of Fort Collins, Colorado,
a Municipal Corporation.
My commission expires:
WITNESS my hand and official seal.
(S 'E A L)
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Notary Public
The above and foregoing Agreement was acknowledged before
me this day of 1989, by Calvin C. Johnson
as President and attested to Gene E. Fischer as Secretary
of Arthur Irrigating Company, a Colorado Mutual Irrigation
Company.
My commission expires: December 30, 1991.
WITNESS my hand and official seal.
f
(S EA L) _
Notary Public
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/ EXHIBIT "A"
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