HomeMy WebLinkAbout710453.tiff LAW DIIIC.. DI
GEORGE A. EPPERSON
AND
DONALD F. MDCLARY
•n MAIN 'MUM P. 0. SOK •fl
Auo.uy.. TORT MORDAN,COLORADO
BTANLCY 1. R .0701
January 28, 1971
Mr. Sam S. Telep
Attorney at Law
First National Bank Building
Greeley, Colorado 80631
Dear Sam:
I am enclosing Agreement for the construction of the dam
which has been substantially agreed upon between our Superintendent
and your Highway Engineer. It will be necessary to have a blue
print made of this so that future generations may know what the
structure consists of. Just as soon as this blue print is
available and attached to the contracts, have them executed and
returned to me for executior by the Bijou Irrigation District,
This is under the assun tion that my contract is
acceptable.
Sincerely yours,
•
•
GAE/bf •
Enclosures
710453
66m14
AGREEMENT
THIS AGREEMENT, entered into the day of
A. D. , 1971 , at Greeley, Colorado, between THE BIJOU IRRIGATION DISTRICT,
a quasi municipal corporation of the State of Colorado, hereinafter
referred to as first party, and the COUNTY OF WELD, STATE OF COLORADO, .
hereinafter referred to as second party, WITNESSETH:
THAT on the 30th day of March, A. D. , 1925, the parties entered
into an agreement relating to the North channel of the River, on the
public highway leading North from the town of Kuner, across the South
Platte River, near the first party's headgate of the Empire Canal ,
for the reason that the second party found it necessary to repair a bridge
across said channel , which at that time the understructure of the bridge
was to be so constructed that it might be used by the first party as
a regulating works in the channel of the river which might be built
a deck or roadway for purpose of public travel , and first party desired,
in consideration of said construction and use to sustain the cost of
the understructure on the terms as herein stated.
THAT subsequent thereto and in the year 1969, the second party
destroyed said understructure and changed the entire bridge structure
above referred to in such a way that the regulating portion constructed
by the first party was destroyed. That said construction and change
was made without the consent or approval of the first party.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter to be
kept and performed, the first party shall permit the construction of
a wall or dam just to the West of said bridge to act as a regulating
structure for the Empire Canal . That said cost shall be done at the
expense of the second party, and in accordance with the blueprints and
specifications attached hereto and made a part thereof.
That because of the change in structure the second party agrees to
indemnify the first party and hold it harmless from all darrages„ suits,
counsel fees and claims or other persons for injuries arising out of
the operation of said dam and structure by the second party. The
second party agrees to begin such work promptly and to prosecute the
same with expedition and continuously so as to have said dam ready
by the time storage in the Empire Reservoir begins .
The first party waives all rights or claims to the use of the
bridge as now constructed and releases the second party from any
claims for damages as a result of its changing said understructure.
Time is of the essence hereof.
WITNESS the signatures of the first party hereto, by its Board of
Directors duly authorizing by resolution and signatures of the Board of
County Commissioners of Weld County, Colorado, the date and year first
above written.
THE BIJOU IRRIGATION DISTRICT,
BY
(SEAL)
BOARD OF COMMISSIONERS
WELD COUNTY, COLORADO,
BY
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