HomeMy WebLinkAbout250002.tiff AGREEMENT •
THIS AGRhELENT Entered into the 30th day of
March, 1925 , at Greeley , Colorado , between The BLSou Irriga-
. tion District, a public corporation of the State of Colorado ,
first party , and the County of Weld , second party, WITNESSET'i:
W.::REAS , at the North channel of the river, on the
public highiay leading north from the Town of kuner, , across
the South Platte River, near first party ' s headgate of Its
Empire Canal , second party finds it necessary to repair a
bridge , and first party desires to have the understructure
of Behr criLv,e so constructed that it may be used by first
party as a reiulating works in that channel of the river over
which may be built a deck or roadway for purpose of public
travel , end first party desires , in consideration of such
manner of construction and use , to sustain the costs of said
understructure on the terms hereinafter set forth,
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NOW, THEREFC'=!E , IT IS MUTUALLY AGREED by and between
the parties hereto that the first party shall be permitted to
construct and shall construct at said point the said understructure,
meaning thereby all the portion of said structure excepting the
• roadway deck and new portion above the same. Said construction
shall be none by first party under supervision of its super—
intendent and s-ibject to the approval of the Board of County
Commissioners of Y`eld County.
Said structure shell be 100 feet long end shall
support a travel deck 18 feet wise . It shall be built with
sheet piling 8 feet in length, driven 3 feet under the water
line on which shall be imposed a concrete structure with piers
to a heigr.t and of strength sufficient to support sai.i deck
and travel over asic public hi hwy , all to be cone in gcod
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and workmanlike manner, of first class materials, according
to plans end specifications hereto attached and made a part
hereof. When said structure has been completed in accordance
therewith , the second party agrees to reimburse first party
for one-half the costs of materiels snd labor of said strict'ire
below said travel deck, but first party guarantees that the total
cost thereof shell not exceed Thirty-Eight Hundred ('.'3800. 00)
Dollars.
Weld County , thereupon, shall have the right to
install said travel deck and bridge construction and shell
thereafter own said structure, subject , however, to the right
of first p':.rty to use said understruoture for regulating the
flow of the river at said point as part of the diversion works
of first party for said Empire Canvl.
PP.OVIDSD , however, that ;st no time shall first party
be permitted to so use said etruot•are as to interfere with the
use of, or to damage the public highway at that point, or the
property of others, and first party agrees to indemnify and
nave harmless second party from all damages , suits , counsel
fees, and claims of other persons for injuries arising out of
the operation of said underetructura by first party.
If any replacement , or repair, of said structure
shall be required hereafter, the same shall be none only subject
to approval of the Board of County Commissioners of Weld County,
and any costs thereof made at the instance of first party,
shall be reimbursed by it promptly to second party, and any
costs made necesslry for the joint benefit of the parties shall
be borne in equal shares.
First party agrees to begin euoh work promptly
and to prosecute the same with expedition and oontinuously ,
eo as to interfere with traffic as little as possible.
Time is of the essence hereof.
WITNES6 the signature of first party hereto by its
Board of Directors duly authorized by resolution, end the
signature of the BoarL of County Commissioners of '.:elu County
on behalf of seconu party the day and year first above written.
THE 2IJ'3U l R;IGrTI ON DISTRICT ,
By "C. L. Snodgrass"
"F. A. Hensley"
" L. C. Jacox"
Its Poard. of -Direotors.
"Gaie:ey Lr. ton" (SEAL)
Secretary
WELT COUNTY, COLOa.ADO ,
p� "C. A. Hewitt"
"Den C. Straight"
"F. L. Powers"
It Boon of County Conrnissionsers
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