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Home My WebLink About20190337.tiffRESOLUTION RE: APPROVE CROSSING LICENSE AGREEMENT (10TH 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 (10th 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 (10th 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 W , D COUNTY, COLORADO ATTEST: ttitto` j,Lio;ok. Weld County Clerk to the Board ounty Attorney Date of signature: 112.5/19 Barbara Kirkmeye , Chair Mike Freeman, Pro-Tem cc-C.4Cr3G), 2 TC RR/AC.) 0/1-7/Ei•I 2019-0337 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 Scott James A"./ Barbara Kirkmeyer Steve v Moreno _/,'., I/"1 2019-0337 T" T000$ 01fa1 4641727 Pages: 1 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO GREELEY IRRIGATION COMPANY CROSSING LICENSE AGREEMENT 10"' 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: 10th Avenue crossing is located on the southwest corner of the intersection of 10th Avenue and 15th Street, being in part of Lots Thirteen (13) and Fourteen (14), Cranford's Subdivision of Block One Hundred Sixty-two (162), City of Greeley, 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. Rex ised 10/8; IS ao1�-6537 4641727 Pages: 2 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly KopPes, Clerk and Recorder, Weld County, CO 11111 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 atter being billed for the costs of such maintenance, repair, or replacement. In the event Licensee tails 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 Licensee liable for damages caused by Licensees 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 GI(' conducts emergency work. it shall be reimbursed for the cost of the work by Licensee. Under no circumstances shall G1C he 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 activ ities in the areas described in EXHIBIT A. 9. 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. 10. RECORDATION. This 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 Rc' , d If) -8 IS 4641727 Pages: 3 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 VIt+IKAL'TAIMAIk1"a WO Yoh Ill 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. 17th 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 1150 '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 /71, ��.. ,,. , 2019. GREELEY IRRIGATION COMPANY, a Colorado mutual ditch company By e7-7‘4?{ Rot' Schmidt. reP` sident RoIsd 10,8 18 4641727 Pages: 4 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII IMPjIt�Y�Nr 'tI'+ �1C4�E �'��,141��h�I Y 11111 ,,1111.,,,:.,, N A•TTES- ti •v '-�Dognta ` . Q ttkeJSecretary • STATE CI • OLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me on this 3 day of -y , 2019, by Roger Schmidt, as President, and Donna L. Coble, as Secretary. of the Greeley Irrigation Company. Witness my hand and nffh'i11 seal. My commission expires: ETTIE ARNOLD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2007402685S MY COMMISSION EXPIRES JUNE 13, 2021 WELD COUNTY GOVERNMENT ATTEST: Notary Public BOARD OF COUNTY COMMISSIONERS WELD 'MINTY, COLORADO W 41;4 BY Clerk to the Board 4 Barbara Kirkme.,er, Chair JAN 21209 R, i sed 10, 8 18 00/9'-0337 4641727 Pages: 5 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes. Clerk and Recorder, Weld County, CO III 01/210.1MR1IONfrlii`thIl4iiii4 III II EXHIBIT A Legal Description of Property 10t11 Avenue crossing is located on the southwest corner of the intersection of 10`h Avenue and 15`h Street, being in part of Lots Thirteen (13) and Fourteen (14), Cranford's Subdivision of Block One Hundred Sixty -t‘‘ o (162), City of Greeley. Weld County, Colorado. The Crossing Structure will be completed by directional boring under the canal «ith a 2" multi -duct HDPF pipe and maintaining at least a 10' minimum under the canal. (\ � I1C11 � ' 1 4641727 Pages: 6 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO i H PKIII:290:110V 11 Rex iscd 9 11 16 4641727 Pages: 7 of 20 10/19/2020 01 17 PM R Fee $108 00 Carly Koppes, Clerk and Recorder, Weld County, CO ®III MPAII'A°klAS4 I III EXHIBIT B Plans and Specifications for Proposed Crossing Structure RL‘lscd 9/22/16 2 4641727 Pages: 8 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Cle-k and Recorder, Weld County, CO III IrdirLigi,filthlieltinriC101! 11111 T J 0 T $ik i 99 4 T O 8 i g i 8 r • l • • • • • I I I I 3 • / • • • / • • • • • 1 • kts-le s. I O - t0► 2 <<D ° \ 15TH ST iN i ii)N I O N N f `` i e N ir • N 'b.N I aN lb % ti I J 2 m O 0 w y + N 0 \ N I. J I • a I i 1 4! co o O• o � O to O O a O 0 i I C1 iii S3dA13Nil 0000000 lati i I I r m m 0 Re% iscd 9.» 16 4641727 Pages: 9 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO Nungo:mditivilmorwromirilw 11111 EXHIBIT C Construction Permit Agreement ReA ed 9.22 I6 4641727 Pages: 10 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County. CO lIII MAUI VA K'& ara:I Pitlic i II III GREELEY IRRIGATION COMPANY CONSTRUCTION PERMIT AGREEMENT 10th 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 be 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: 10th Avenue crossing is located on the southwest corner of the intersection of 10th Avenue and 15th Street, being in part of Lots Thirteen (13) and Fourteen (14), Cranford's Subdivision of Block One Hundred Sixty-two (162), City of Greeley, 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 1 Revised 10/8/1 4641727 Pages: 11 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes. Clerk and Recorder, Weld County, CO 11111 Nfdl'ilf F 1111 Ditch to its pre -construction condition and all moneys paid to GIC shall he retained by GIC. 4.3. The Crossing Structure shall he 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 OR' shall not he 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 2 Revised I O s; I s 4641727 Pages: 12 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County. CO ilk 11111 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 agrees 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 G1C'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 for GIC to enter into this 3 Revised 1(1/8/18 4641727 Pages: 13 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 14PAIII k kill1Vt 1 Mob MI MP ilk Bill Agreement, Contractor shall pay to GIC a minimum of $5,000.00, or such greater amount as may be 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 , 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, G IC 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. 4 Revised IOtX/18 4641727 Pages: 14 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO � 11111 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 telins 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. I I. 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 (1) assumes no liability for 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. 5 Revised IOr8 4641727 Pages: 13 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 DITCH COMPANY: Greeley Irrigation Company ATTN: Donna L. Coble, Secretary P.O. Box 445 Greeley, CO 80632 CONTRACTOR: Colorado Boring Company 3813 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. ri41 i Secretary }' , / s2 STATE OO.OLORADO ) ss. COUNTY OF WELD GREELEY IRRIGATION COMPANY, a Colo mutual ditch 5pmp}lny B 0- �.s,:. The foregoing instrument was acknowledged before me on this S day of January, 2019, 6 Revised I 0/s/ i !{ 4641727 Pages: 16 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO MIMI WM IA hit IW MA 111111 by Roger Schmidt, as President, and Donna L. Coble, as Secretary, of the Greeley Irrigation Company. Witness my hand and official seal. My co • ission ex COLO' • BORING COMPANY By N. le /4. 6 4 C, 4:5 a L.ir.76C.-- STATE OF COLORADO ) ss. COUNTY OF WELD otary Public SHANNON L METCALF Notary Public State of Colorado Notary ID 20154018544 M Commission Expires May 11, 2019 The foregoing instrument was acknowledged before me on this / y day of January, 2019, by ��/.-� T« co6i , as /46,,,, �Il,l- of Colorado Boring Company. Witness my hand and official seal. My commission expires: /o -,'o -.2or 2 _Net" - CECIL JACOBS NOTARY PUBLIC CTATF ^c :OLCRADC ,' 7 Revised IQ/8iI8 4641727 Pages: 17 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO ID !dELIKT NTIK 'IJIOW EXHIBIT A Legal Description of Property 10`h Avenue crossing is located on the southwest corner of the intersection of 10`h Avenue and 15th Street, being in part of Lots Thirteen (13) and Fourteen (14), Cranford's Subdivision of Block One Hundred Sixty-two (162), City of Greeley, 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 4641727 Pages: 18 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes; Clerk and Recorder, Weld County, CO III )'l" 11111 I<c‘s;t.ci .),>>;It) 4641727 Pages. 19 of 20 10/19/2020 01 17 PM R Fee $108 00 Carly Koppes, Clerk and Recorder, Weld County, CO III rd y : � ;y !UM I x il6PrIltgiNVI I'M MU El III EXHIBIT B Plans and Specifications for Proposed Crossing Structure Revnt.d 9/22/16 4641727 Pages: 20 of 20 10/19/2020 01:17 PM R Fee:$108.00 Carly Koppes, Clerk and Recorder, Weld County, CO III PIA IOW BIM R Y S O a nQ s Q t8 T T v. 0 0 • • • • `• • • a • • • • `• o ` (31 I t. • • I 1 I . O it ♦r lsv1 1.11 `jfla1 a m <O n ,; g 1 I OP P; 3 I 0 O 0 n' ca c--) 0 0 0 A S3 I • • I • J i0 4 J O —4 S m 0,t, p, 0 ti v- IrJ v v 7- 8 \ N \ N 0 \ N r0 4- in • g x fl:1L CNYIh DeJY st O L C Otld 4 J1Ohxvn uit_n r m m zv Revised 9/22/Ib 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 $1,091.25 Record agreements: 35th Avenue 10th Avenue 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 Sierra 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 February 10, 2019 Page 1 Hours Amount SLW Review and edit Revised Crossing Agreements for Weld County 1.80 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 0.40 ; review emails re: 0.50 '1 /,U... i 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 7L 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 Name Hours Rate Star L. Waring - 225.00 BALANCE DUE - PLEASE PAY THIS AMOUNT 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.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. Hello