HomeMy WebLinkAbout20190338.tiffRESOLUTION
RE: APPROVE CROSSING LICENSE AGREEMENT (35TH AVENUE UNDER CANAL) AND
AUTHORIZE CHAIR TO SIGN - GREELEY IRRIGATION COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Crossing License Agreement (35th
Avenue Under Canal) between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Information
Technology, and the Greeley Irrigation Company, commencing upon full execution of signatures,
with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Crossing License Agreement (35th Avenue Under Canal) between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Information Technology, and the Greeley Irrigation
Company, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST:(litztAj ;el
Weld County Clerk to the Board
BY:
AP
Deputy
ounty £v' orney
Date of signature: 1/23/1c1
arbara Kirkmeye', Chair
Mike Freeman, Pro-Tem
R
Sean ' . Conwa
Scott K. James
Steve Moreno
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2019-0338
IT0008
Commissioners,
TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: January 15, 2019
SUBJECT: License Agreements for Fiber Project to cross Greeley #2 Ditch
As part of the County's fiber installation project which is being administered the Department of Information Technology,
the County needs a license to cross the Greeley #2 Ditch in two locations. The Ditch is owned by the Greeley Irrigation
Company, which has negotiated the attached License Agreements. There is no cost to the County for these licenses. as the
contractor is required to pay for them as part of the bid award.
This is an extremely time sensitive project. The fiber will be installed under the canal next week, and the entire project
will be complete by the end of this month.
I recommend you authorize me to put these on your regular business agenda for approval. Please contact me if you
have any questions.
Approve Staff
Recommendation
Work
Session
Requested
Comments
Sean
Conway
Mike
Freeman
m C
Scott
James
t
Barbara
Kirkmeyer
`C.
Steve b
Moreno
b�
2019-0338
oval
STOOO5
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111
GREELEY IRRIGATION COMPANY
CROSSING LICENSE AGREEMENT
35th Avenue (Under Canal)
I. PARTIES. The Parties to this Agreement are the GREELEY IRRIGATION
COMPANY. a Colorado mutual ditch company ("GIC"). and WELD COUNTY
GOVERNMENT ("Licensee"). GIC and Licensee are hereinafter referred to jointly as "the
Parties."
2. RECITALS. GIC owns the Greeley Canal No. 3 ("Ditch") and the easement for said Ditch.
Licensee desires to obtain the permission of GIC to construct a crossing under the Ditch ("Crossing
Structure") at the location described in EXHIBIT A, attached hereto and incorporated herein.
Upon completion and acceptance of the Crossing Structure described herein. GIC has agreed to
grant Licensee a license for the proposed Crossing Structure, subject to the terms, conditions, and
covenants set forth in this License Agreement.
NOW, THEREFORE, THE PARTIES AGREE:
3. GRANT OF LICENSE. The obligations and benefits of this Crossing Agreement shall
run with the lands described in EXHIBIT A. Pursuant to the terms of this Crossing Agreement.
GIC hereby grants to Licensee the license to construct the Crossing Structure. described as follows:
35th Avenue crossing is located on the west side of the road approximately 400' South of
Village Dr., being in the Northeast Quarter (NE 1/4) of Section Two (2), Township Five (5)
North, Range Sixty-six (66) West of the 6'h P.M., Weld County, Colorado. The Crossing
Structure will be completed by directional boring under the canal with a 2" multi -duct
HDPE pipe and maintaining at least a 10' minimum under the canal
in accordance with GIC's Bylaws. Policies, and the plans and specifications attached hereto as
EXHIBIT B. Said plans and specifications shall be reviewed by GIC and must be approved by
GIC as a condition of the license. GIC's review of the plans and specifications is solely for its own
benefit and creates no rights in any other party and no obligation or liability to GIC.
4. CONSTRUCTION.
Construction of the Crossing Structure shall be completed in accordance with the terms of the
Construction Permit Agreement executed between GIC and Licensee's Contractor, Colorado
Boring Company, a copy of which is appended hereto as EXHIBIT C and incorporated herein.
GIC shall inform Licensee, in writing. when it has approved the construction of the Crossing
Structure, or if it has rejected such construction, and the reasons therefor.
4.1. The contact information on the ends of the Crossing Structure shall be updated as
necessary by Licensee during the term of this .Agreement.
1 Revised I0.8, I8
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5. MAINTENANCE.
5.1. Licensee specifically agrees and pledges, at its own expense. to maintain, repair.
and replace the Crossing Structure.
5.2. If Licensee fails to properly maintain. repair. or replace any portion of the Crossing
Structure for which it is responsible after ten (10) days' notice of the need for same. GIC
may. in its discretion, conduct its own maintenance, repair, or replacement, and Licensee
shall reimburse GIC for the cost of such work within ten (10) days after being billed for
the costs of such maintenance, repair. or replacement. In the event Licensee fails to
maintain, repair. or replace the Crossing Structure, it shall be liable for any loss, damage,
or injury to GIC. 11GIC conducts its own maintenance. repair, or replacement. it does not
waive the right to hold Licensee liable for damages caused by Licensee's failure to
maintain, repair. and replace the Crossing Structure.
5.3. In the event of an emergency. GIC or Licensee may conduct maintenance or repair
immediately. giving notice to the other Party as soon as possible pursuant to the notice
provisions of paragraph II. If GIC conducts emergency work, it shall be reimbursed for
the cost of the work by Licensee. Under no circumstances shall GIC be responsible or held
liable for damages to the Crossing Structure resulting from maintenance or repair to the
Ditch.
6. TERM. This Agreement shall he perpetual unless terminated by mutual agreement of the
Parties or by failure of the Licensee to comply with the terms of this Agreement or unless modified
by Court order or as otherwise provided in this Agreement.
7. EASEMENT RIGHTS. The License granted to the Licensee herein in no way restricts
the GIC's right to use its easement for the Ditch to construct. operate, or maintain all existing
structures and facilities of the Ditch.
8. LIABILITY.
8.1. By granting this License. GIC (I) assumes no liability for use. operation. or
existence of the Crossing Structure: and (2) assumes no additional responsibilities or
obligations related to Licensee's future or additional activities in the areas described in
EXHIBIT A.
9. DEFAULT. lime is of the essence, and if any payment or any other condition, obligation,
or duty is not timely made. tendered, or performed by any Party. the non -defaulting Party shall
have the right to an action for specific performance or damages or both.
10. RECORDATION. phis Agreement shall be recorded at the cost of licensee and shall be
binding on any successors of the Parties. The obligations and benefits of this Agreement shall
specifically run with the lands described in EXHIBIT A. The plans and specifications for the
Crossing Structure attached as EXHIBIT B may not be recorded because of their size. The Parties
agree that the non -recordation of the plans and specifications for the Crossing Structure shall
neither affect the validity of this Agreement nor the obligations or benefits contained in the
2 Ito ised 10.8 IS
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Carly KoDDes, Clerk and Recorder, Weld County, CO
VIII NPAllidliniti:11.11ilivilltildffiktileag• II
Agreement.
11. NOTICES. Any notice required or permitted by this Agreement shall be in writing and
shall be deemed to have been sufficiently given for all purposes if sent by certified or registered
mail, postage and fees prepaid. addressed to the Party to whom such notice is intended to be given
at the address set forth below, or at such other address as has been previously furnished in writing
to the other Party or Parties. Such notice shall be deemed to have been given when deposited in
the U.S. ;Mail.
DITCH COMPANY:
Greeley Irrigation Company
ATTN: Donna L. Coble. Secretary
P.O. Box 445
Greeley, CO 80632
LICENSEE:
Weld County Government
ATTN: Aleksei Churyk
Information Technology Department
1401 N. 17`h Avenue
Greeley, CO 80631
COPY TO:
Star L. Waring. Esq.
Dietze and Davis, P.C..
2060 Broadway. Suite 400
Boulder. CO 80302
COPY TO:
Bruce Barker, Esq.
Weld County Attorney
I I50 'O' Street
Greeley, CO 80631
12. WAIVER OF BREACH. The waiver by any Party or Parties to this Agreement, or a
breach, of any term or provision of this Agreement shall not operate or be construed as a waiver
of any subsequent breach by any Party or Parties.
13. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated into
this Agreement for all purposes.
14. ATTORNEYS' FEES. If any Party breaches this Agreement, the non -prevailing Party
shall pay all of the prevailing Party's reasonable attorneys' fees and costs in enforcing this
Agreement through litigation, arbitration, or mediation.
15. BINDING EFFECT. This Agreement shall inure to the benefit of. and be binding upon.
the Parties, and their respective legal representatives. successors. and assigns.
16. REMOVAL OF CROSSING STRUCTURE. At such time as the Crossing Structure is
no longer needed by Licensee. the Crossing Structure shall be promptly removed at Licensee's
sole expense and this Agreement shall be null and void.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 5 day
of Azt7..,..,1 , 2019.
GREELEY IRRIGATION COMPANY,
a Col o mutual ditch company
By
3
2401-
er Schmidt, President
Rojscd l(' i i8
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Carly Koppel, Clerk and Reoorder, Weld County, CO
lIII NFJP, MilileCC#Alklil'+ktiialWIAMik 111111
Uohufia'L•: 41e= Secretary
••.,,STATE9PCOLORADO
COUNTY OF WELD
ss.
}
The foregoing instrument was acknowledged before me on this 5 day of
l� . 2019. by Roger Schmidt. as President. and Donna L. Coble. as Secretary. of the
Greeley Irrigation Company.
Witness my hand and official seal. My commission expires: CU.nQ_ (3 dal
ETTIE ARNOLD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20074026855
MY COMMISSION EXPIRES JUNE 13, 2021
WELD COUNTY GOVERNMENT
ATTEST:
BY
Notary Public
BOARD OF COUNTY COMMISSIONERS
WELD, OUNTY, COLOR AI)O
dirAs/V Je_‘L;oe, BY
Deputy
Clerk to the Board
to
Barbara Kirkme
4
er. Chair JAN 2 1 2019
AS 'FO SUL}STAN
ion )fficer
Rex iced 10/8;18
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Carly Koppes, Clerk and Recorder, Weld County CO
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EXHIBIT A
Legal Description of Property
35th Avenue crossing is located on the west side of the road approximately 400' South of Village
g
Dr., being in the Northeast Quarter (NE1/4) /4) of Section Two (2). Township Five (5) North, Range
Sixty-six (66) West of the 6`h P.M., Weld County, Colorado. The Crossing Structure k% ill be
completed by directional boring under the canal with a 2" multi -duct HDPE pipe and maintaining
at least a 10' minimum under- the canal.
1
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Carly Koppes, Clerk and Recorder, Weld County, CO
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EXHIBIT B
Plans and Specifications for Proposed Crossing Structure
Rc.risul 9/22/16
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Carly Koppes Clerk and Recorder. Weld Courty CO
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EXHIBIT C
Construction Permit Agreement
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Carly Koppes, Clerk and Recorder, Weld County, CO
III!11111
GREELEY IRRIGATION COMPANY
CONSTRUCTION PERMIT AGREEMENT
35111 Avenue (Under Canal)
1. PARTIES. The Parties to this Construction Permit Agreement ("Agreement") are the
GREELEY IRRIGATION COMPANY, a Colorado mutual ditch company ("GIC"), and
COLORADO BORING COMPANY ("Contractor"). GIC and Contractor are hereinafter
referred to jointly as "the Parties."
2. RECITALS. GIC owns the Greeley Canal No. 3 ("Ditch") and the easement for said
Ditch. Contractor desires to obtain the permission of GIC to construct a crossing under the Ditch
("Crossing Structure") at the location described in EXHIBIT A, attached hereto and
incorporated herein. Upon completion and acceptance of the Crossing Structure described herein,
GIC has agreed to grant to Weld County a license for the proposed Crossing Structure, subject to
the terms, conditions, and covenants set forth in a separate Crossing License Agreement
executed between GIC and Weld County. This Agreement shall he an exhibit to the Crossing
License Agreement.
NOW, THEREFORE, THE PARTIES AGREE:
3. APPROVAL OF PERMIT. Pursuant to the terms of this Construction Permit
Agreement, GIC hereby grants to Contractor a permit to construct the Crossing Structure,
described as follows:
35th Avenue crossing is located on the west side of the road approximately 400' South of
Village Dr., being in the Northeast Quarter (NE1/4) of Section Two (2), Township Five (5)
North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado. The Crossing
Structure will be completed by directional boring under the canal with a 2" multi -duct
HDPE pipe and maintaining at least a 10' minimum under the canal
in accordance with GIC's Bylaws, Policies, and the plans and specifications attached hereto as
EXHIBIT B. Said plans and specifications shall be reviewed by GIC and must be approved by
GIC as a condition of this Agreement. GIC's review of the plans and specifications is solely for
its own benefit and creates no rights in any other party and no obligation or liability to GIC.
4. CONSTRUCTION.
4.1. Contractor shall construct and maintain at its sole expense the Crossing Structure,
by underboring or ramming a hole under the Ditch, in accordance with the plans and
specifications attached as EXHIBIT B.
4.2. Contractor agrees that the construction permitted hereunder shall proceed
expeditiously and with reasonable diligence from the initiation of such construction to
its completion. The proposed Crossing Structure shall be completed by January 31,
2019. If construction of the Crossing Structure is not completed by this date, this
Agreement shall terminate and have no force or effect and Contractor shall restore the
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Carly Koppes, Clerk and Recorder, Weld County, CO
KM: kg: itliO Cr14,1 iInnI 14M 11111
Ditch to its pre -construction condition and all moneys paid to GIC shall he retained by
GIC.
4.3. The Crossing Structure shall be constructed so as not to interfere with the flow of
water through the Ditch to shareholders and water recipients. If Contractor's construction
interrupts GIC's water supply for any reason, Contractor shall pay to GIC as liquidated
damages $25,000.00 per day for any day that GIC is unable to deliver water as a result of
the construction agreed to herein. Contractor shall be responsible for the carriage of the
water carried in the Ditch, including drainage water, across the land if necessary while
the Crossing Structure is being constructed. It is anticipated that water may be run in the
ditch during the non -irrigation season and Contractor shall coordinate the timing of
construction of the Crossing Structure with GIC so as not to interfere with water being
run in the ditch.
4.4. Contractor shall construct the Crossing Structure so that all portions of the Ditch
and the bottom, sides, banks, and all portions of the Ditch easement remain in their pre -
construction condition so that the original velocity and amount of water in the Ditch is
maintained. Contractor shall restore any and all fencing and other facilities appurtenant to
the GIC easement to their pre -construction condition within three (3) days after
completion of the Crossing Structure or termination of this Agreement, whichever first
occurs.
4.5. The Crossing Structure shall be placed no less than ten (10) feet below the bottom
of the Ditch so that it will not interfere with either the flow of water in the Ditch or
maintenance operations by GIC. The Crossing Structure shall be encased and shall cross
the ditch at a 90 degree angle.
4.6. Contractor shall not spill any dirt, debris, or other foreign material into the Ditch.
If the Contractor spills dirt, debris, or other foreign material into the Ditch, Contractor
agrees to immediately clean the affected portions of the Ditch.
4.7. Upon completion of the Crossing Structure, Contractor shall notify GIC. GIC
shall accept or reject the completed Crossing Structure except that GIC shall not be
required to accept or reject until and unless all fees billed have been paid pursuant to
paragraph 6, below, and all other conditions of this Agreement fulfilled. GIC shall not
unreasonably withhold acceptance. GIC shall be entitled to test the Ditch by running
water through it. Acceptance or rejection by GIC shall be in writing. If the Crossing
Structure is rejected, GIC shall specify the reasons for rejection, and Contractor shall
correct the same. In that case, the above process shall be repeated.
4.8. Contractor is responsible, at its own expense, for obtaining all local, state, and
federal permits or approvals and for compliance with all local, state, and federal laws and
regulations including, but not limited to, land use and environmental laws and
regulations, and specifically including the Endangered Species Act, prior to beginning
construction. Contractor shall indemnify GIC for any and all costs, damages, fines, and
fees, including reasonable attorneys' fees incurred by GIC as a result of Contractor's
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failure to obtain such permits or approvals or failure to comply with all applicable laws
and regulations.
4.9. Contractor shall install permanent marker posts at both ends of the Crossing
Structure with current contact information for Weld County.
4.10. Contractor shall guarantee the quality of workmanship and materials for the
Crossing Structure and shall be liable for any damage caused by the Crossing Structure.
4.11. Prior to commencing work on the Crossing Structure and at all times during
construction of the Crossing Structure, Contractor shall maintain insurance, including
liability insurance, in an amount satisfactory to GIC, and workman's compensation
insurance. Contractor shall provide to GIC a fully executed original of the Certificate of
Insurance before commencing work on the Crossing Structure.
4.12. Before this Agreement is executed by GIC, the Contractor shall provide to GIC a
bond satisfactory to GIC, to guarantee full performance by the Contractor of its
obligations under this Agreement.
5. INSPECTION.
5.1. Contractor shall notify GIC at least five (5) days prior to commencement of
construction of the Crossing Structure so that GIC may in its discretion inspect the
Crossing Structure during construction. GIC may in its discretion inspect the Crossing
Structure after construction is completed.
5.2. GIC's right to inspect the Crossing Structure in no way relieves Contractor of its
liability for improper construction or maintenance. GIC's inspection is solely for the
benefit of GIC and creates no obligation or liability on GIC.
6. REIMBURSEMENT OF EXPENSES.
6.1. In addition to the Construction Permit fee described in paragraph 7, below,
Contractor ogees to pay all of the reasonable engineering costs, legal costs,
administrative costs, and other costs incurred by GIC in reviewing, revising, and
approving the plans and specifications and entering into this Construction Permit
Agreement and inspecting the construction. Contractor shall submit a deposit as provided
in GIC's Policies and in the Greeley Irrigation Company Expense Reimbursement
Agreement signed by Contractor.
6.2. If Contractor fails to reimburse GIC as provided in the Expense Reimbursement
Agreement, Contractor shall have breached this Agreement and GIC may institute legal
proceedings to collect the amount due and owing. In such a proceeding, GIC shall be
entitled to its costs and reasonable attorneys' fees from Contractor.
7. CONSTRUCTION PERMIT FEE. As consideration fur GIC to enter into this
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Carly KoPPes, Clerk and Recorder, Weld County, CO
VIII NPOIl hVkiliiri4Ith:Criei KJ VI. Pi OA P M41111
Agreement, Contractor shall pay to GIC a minimum of $5,000.00, or such greater amount as may
he determined by the GIC Board of Directors in accordance with the GIC Policies, upon
execution of this Agreement, which payment shall be nonrefundable notwithstanding any other
provision of this agreement, expressly including paragraph 4.3, above.
8. MAINTENANCE.
8.1. Contractor specifically agrees and pledges, at its own expense, to maintain, repair,
and replace the Crossing Structure during the two (2) year period after approval and
acceptance of the Crossing Structure by GIC. After the expiration of the two (2) year
period, Weld County will assume this responsibility under its Crossing License
Agreement dated F s.: r_ ; , 2019.
8.2. Prior to execution of this Agreement by GIC, Contractor shall provide to GIC a
Performance and Payment Bond guaranteed by a licensed surety authorized to do
business in the State of Colorado, to guarantee full and faithful performance by
Contractor of Contractor's obligations under this Agreement. The amount of said Bond
shall be sufficient to cover the cost of the Crossing Structure valued at $5,000.00, plus
$75,000.00 for liquidated damages as provided in paragraph 4.3, above. Nothing herein is
intended to prevent GIC from recovering damages in addition to the amount of the Bond,
including additional damages under paragraph 4.3. The Performance and Payment Bond
shall remain in full force and effect for a period of two (2) years after the Completion
Date, unless GIC consents to the substitution of a Warranty Bond.
8.3. The Contractor hereby guarantees all materials and equipment furnished and work
performed under this Agreement. The Contractor warrants and guarantees that the
Crossing Structure is free from all defects due to faulty materials or workmanship and
Contractor shall promptly make such corrections as may be necessary by reason of any
defects, including the repair of any damages to the Ditch resulting from such defects. GIC
will give notice to Contractor of observed defects with reasonable promptness given the
urgency of the circumstances and the possibility of consequential damages. In the event
that Contractor should fail to make such repairs, adjustments, or other work that may be
made necessary by such defects, GIC may do so and charge Contractor the cost thereby
incurred as provided in paragraph 8.4, below.
8.4. If Contractor fails to properly maintain, repair, or replace any portion of the
Crossing Structure for which it is responsible after ten (10) days' notice of the need for
same, GIC may, in its discretion, conduct its own maintenance, repair, or replacement,
and Contractor shall reimburse GIC for the cost of such work within ten (10) days after
being billed for the costs of such maintenance, repair, or replacement. In the event
Contractor fails to maintain, repair, or replace the Crossing Structure, it shall be liable for
any loss, damage, or injury to GIC. If GIC conducts its own maintenance, repair, or
replacement, it does not waive the right to hold Contractor liable for damages caused by
Contractor's failure to maintain, repair, and replace the Crossing Structure.
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 IlictIVAN; IIIIIIIVI KI'41.1015'iwiiir rii li 1I 111
9. TERM. This Agreement shall expire two (2) years after acceptance by GIC of the
improvements described above unless terminated by mutual agreement of the Parties or by
failure of the Contractor to comply with the terms of this Agreement or unless modified by Court
order or as otherwise provided in this Agreement.
10. WATER LOSS. The Contractor agrees that the Crossing Structure will not increase
carriage or transit losses over the loss which occurred historically. The Contractor agrees to
compact earth materials so that additional water losses will not occur.
11. EASEMENT RIGHTS. The Construction Permit granted to the Contractor herein in no
way restricts the GIC's right to use its easement for the Ditch to construct, operate, or maintain
all existing structures and facilities of the Ditch.
12. LIABILITY AND INDEMNIFICATION.
12.1. By granting this Permit, GIC (I) assumes no liability lbr use, operation, or
existence of the Crossing Structure; and (2) assumes no additional responsibilities or
obligations related to Contractor's future or additional activities in the areas described in
EXHIBIT A.
12.2. Contractor shall indemnify and hold harmless GIC from all claims and liability
for damage or injury to property or persons arising or caused directly or indirectly by
Contractor's construction, use, maintenance, or failure to maintain or use of the Crossing
Structures.
13. DEFAULT. Time is of the essence, and if any payment or any other condition,
obligation, or duty is not timely made, tendered, or performed by any Party, the non -defaulting
Party shall have the right to an action for specific performance or damages or both.
14. RECORDATION. This Agreement shall be recorded at the cost of Contractor and shall
be binding on any successors of the Parties. The obligations and benefits of this Agreement shall
specifically run with the lands described in EXHIBIT A. The plans and specifications for the
Crossing Structure attached as EXHIBIT B may not be recorded because of their size. The
Parties agree that the non -recordation of the plans and specifications for the Crossing Structure
shall neither affect the validity of this Agreement nor the obligations or benefits contained in the
Agreement.
15. NOTICES. Any notice required or permitted by this Agreement shall be in writing and
shall be deemed to have been sufficiently given for all purposes if sent by certified or registered
mail, postage and fees prepaid, addressed to the Party to whom such notice is intended to be
given at the address set forth below, or at such other address as has been previously furnished in
writing to the other Party or Parties. Such notice shall be deemed to have been given when
deposited in the U.S. Mail.
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111 1:1t'r Pr:K1Yi1 lidif M6411111
•
DITCH COMPANY:
Greeley Irrigation Company
ATTN: Donna L. Coble, Secretary
P.O. Box 445
Greeley, CO 80632
CONTRACTOR:
Colorado Boring Company
3 813 Canal Dr.
Ft. Collins, CO. 80524
COPY TO:
Star L. Waring, Esq.
Dietze and Davis, P.C.,
2060 Broadway, Suite 400
Boulder, CO 80302
COPY TO:
16. WAIVER OF BREACH. The waiver by any Party or Parties to this Agreement, or a
breach, of any term or provision of this Agreement shall not operate or be construed as a waiver
of any subsequent breach by any Party or Parties.
17. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated
into this Agreement for all purposes.
18. ATTORNEYS' FEES. If any Party breaches this Agreement, the non -prevailing Party
shall pay all of the prevailing Party's reasonable attorneys' fees and costs in enforcing this
Agreement through litigation, arbitration, or mediation.
19. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon,
the Parties, and their respective legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this (
day of January, 2019.
tboniliaL': bl Secretary
STATEv,ebLORADO
) ss.
COUNTY OF WELD
GREELEY IRRIGATION COMPANY,
a Colorado mutual ditch company
By
Roder Schmidt, President
/�.
The foregoing instrument was acknowledged before me on this 5 day of Js, 2019,
6 Revised 10/8/ 18
4641728 Pages: 15 of 18
10/19/2020 01:17 PM R Fee:$98.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII MPAIV NitIIlikllir IrkViiiPk114 III II
by Roger Schmidt, as President, and Donna L. Coble, as Secretary, of the Greeley Irrigation
Company.
Witness my hand and official seal. My commission expires:
COLORADORING COMPANY
By
Nanya- 4cQ1,
STATE OF COLORADO
) ss.
COUNTY OF WELD
l►90I1
Public
SHANNON L ME IF
Notary Public
State of Colorado
Notary ID 20154018544
My Commission Expires May 11, 2019
The foregoing instrument was acknowledged before me on this /7 day of January, 2019,
by 7,-i Ev , as /p. or: j /14.,6,,,, of Colorado Boring Company.
Witness my hand and official seal. My commission expires: l0 - ,,,- .2. o o .
CECIL JACOBS
NOTARY PUBLIC
STATE OF COLORADC
")M n. - .�
M�_
7 Revised IWWI 8
4641728 Pages: 16 of 18
10/19/2020 01:17 PM R Fee:$98.00
Carly Kocoes, Clerk and Recorder, Weld County, CO
lirdIZNION# VIA/ iVOW YlJ4h61i uI'%ti 11111
EXHIBIT A
Legal Description of Property
35`h Avenue crossing is located on the west side of the road ap
proximately 400' South of Village
Dr., being in the Northeast Quarter (NE1/4) /4) of Section Two (2), Township Five (5)
Sixty-six (66) West 'h North, Range
y of the 6 P.M., Weld County, Colorado. The Crossing Structure will be
completed by directional boring under the
canal with a 2" multi -duct HDPE pipe and
maintaining at least a 10' minimum under the canal.
Revised 9/22/ 16
4641728 Pages 17 of 18
10/19/2020 01 17 PM R Fee $98 00
Carly Koppes, Clerk and Recorder, Weld County, CO
®III MFdricligiNVIN PR ITIJmit, ®i HI
EXHIBIT B
Plans and Specifications for Proposed Crossing Structure
Revised 9/22/16
i
II
E
4641728 Pages: 18 of 18
10/19/2020 01:17 PM R Fee:$98.00
Carly Koppes, Clerk and Recorder, Weld County CO
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Revised 9/22/16
THE GREELEY IRRIGATION COMPANY
P.O. Box 445 3005 W. 29th Street, Suite G1
Greeley, CO 80632 Greeley, CO 80631
(970) 353-6121
(970) 353-9703 (fax)
ditchoffice@gicditch.com
January 22, 2021
Weld County Government
ATTN: Aleksei Churyk
Information Technology Department
1401 N. 17th Avenue
Greeley, CO 80631
INVOICE
Weld County Crossing License Agreements 35th Avenue
and 10th Avenue
Reimbursement for attorney fees per attached bills —
4.85 hours @ $225 per hour
Record agreements:
35th Avenue
10th Avenue
$1,091.25
98.00
108.00
Total due $1,297.25
DIETZE AND DAVIS, P.C.
ATTORNEYS AT LAW
Siena Square Building
2060 Broadway. Suite 400
Boulder, CO 80302-5203
Telephone (303) 447-1375
Fax (303) 440-9036
Greeley Irrigation Company
ATTN: Donna Coble
P.O. Box 445
Greeley, CO 80632
Please refer to File No. on payment
In Reference To: Ditch Easement Issues; File No. 6979.005
Invoice # 81019
PROFESSIONAL SERVICES
January 09, 2019
Page 1
Hours Amount
12/27/2018 SLW Review and respond to Donna's email re: Weld County Crossing 0.40
Agreement; email to Bob at Weld County
Attorney Summary
Name Hours Rate
Star L. Waring 225.00
Please make checks payable to: Dietze and Davis, P.C.
All major credit cards accepted.
Link to our secure payment site:
https://secure.lawpay.com/pages/dietze-and-davis-pc/operating
Amounts billed are payable in full upon receipt. If unable to make full payment, please contact us.
DIETZE AND DAVIS, P.C.
ATTORNEYS AT LAW
Siena Square Building
2060 Broadway, Suite 400
Boulder, CO 80302-5203
Telephone (303) 447.1375
Fax (303) 440-9036
Greeley Irrigation Company
ATTN: Donna Coble
P.O. Box 445
Greeley, CO 80632
Please refer to File No. on payment
In Reference To: Ditch Easement Issues; File No. 6979.005
Invoice # 81616
PROFESSIONAL SERVICES
SLW Review and edit Revised Crossing Agreements for Weld County
1/4/2019 SLW Review and respond to email from Donna re: Weld County Crossing
Agreement language
1/7/2019 SLW
Colorado Boring Co. Crossing Agreement
February 10, 2019
Page 1
Hours Amount
1.80
0.40
; review emails re: 0.50 '"z t,�✓� (-•-• ^A
SLW Review and revise Colorado Boring Co. Expense Reimbursement 1.50
Agreement; review and respond to email from Donna
1/14/2019 SLW review License Agreement
and construction permit for Weld County
0.40 'IL �,�
Greeley Irrigation Company
ATTN: Donna Coble
P.O. Box 445
Greeley, CO 80632
In Reference To:
Invoice # 81616
Ditch Easement Issues; File No. 6979.005
February 10, 2019
Page 2
Hours Amount
1/15/2019 SLW Review emails from Donna and Bob Choate re: Weld County Crossing 0.30
License
FOR PROFESSIONAL SERVICES RENDERED
Previous balance
1/14/2019 Payment - thank you. Check No. 7843
BALANCE DUE - PLEASE PAY THIS AMOUNT
Name Hours Rate
Star L. Waring - 225.00
Attorney Summary
Please make checks payable to: Dietze and Davis, P.C.
All major credit cards accepted.
Link to our secure payment site:
https://secure.I awpay.com/pages/dietze-and-davis-pc/operating
Amounts billed are payable in full upon receipt. If unable to make full payment, please contact us.
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