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LICENSE AGREEMENT
AND
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GRANT, CONVEYANCE AND CONFIRMATION
OF RIGHT-OF-WAY
THIS AGREEMENT, made this 2r-'J day of <;;""4fcr..,t7er19 83, between
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THE ROCKY MOUNTAIN WATER COMPANY, a Colorado Corporation hereinafter
referred to as "Licensor", whose address is P.O. Box 507, Golden, Colorado
80402, and
Citv of Wheat Ridae
, a(n) municinal corDor~tion
hereinafter
7500 W.29th
referred to as "Licensee", whose address is
Ave PO Bo 638 Wheat Pidq~,CO 80034
. x , , and (1 f any)
, hereinafter referred to as "Mortgagee".
WITNESSETH THAT:
1. Licensor Property: Licensor is the owner and operator of an
existing ditch system including the rights-of-way and secondary easements
for the use, operation and maintenance thereof for the purpose of diverting,
controlling, transporting, carrying, delivering and disposing of waters;
and
2. Licensee Property: Licensee is the owner of certain land and
property more particularly described as follows:
located in the County of Jefferson
, State of Colorado upon which
a portion of Licensor's ditch system, rights-of-way and secondary easements
are located; and Mortgagee is the owner of a Mortgage or Deed of Trust
on said property recorded Book
, Page
, in the records of
said County and State.
3. Relocation and/or Structure: Licensee desires to relocate
and/or confirm the nature and location of a portion of Licensor's existing
ditch system and right-of-way on Licensee's property and install, construct,
maintain and use certain structure(s) associated therewith briefly
described as follows:
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4. Consideration: Licensee has offered to carry out the convenants
and agreements hereinafter stated to be complied with and performed by
Licensee and Licensor is willing to grant the License and privilege
herein requested upon the following terms and conditions, NOW, THEREFORE,
for and in consideration of the premises, the sums paid hereunder and
the mutual covenants and agreements of the parties hereto, it is agreed
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that:
5. Grant and/or Confirmation of Right-of-Way: For and in consider-
ation of the privilege and license hereby granted, Licensee hereby
CONFIRMS Licensor's existing rights in and to and, to the extent (if
any) not covered by Licensor's existing rights, GRANTS, BARGAINS, SELLS,
CONVEYS, ASSIGNS, and WARRANTS and will FOREVER DEFEND unto Licensor,
its successors and assigns forever, a permanent, exclusive easement and
right-of-way for ditch, canal or other structure used to transport,
carry and deliver or dispose of water, said right-of-way being
____) feet in width,
(_) on the
___) feet on the
side and
side of a line described as follows:
TOGETHER WITH all and singular any rights, privileges, hereditaments,
appurtenances and secondary easements thereunto belonging or in any way
pertaining to the use, operation and enjoyment of said easement and
right-of-way including, by way of description and not limitation, vehicular
and pedestrian access to and along the right-of-way and all rights
necessary to the use, construction, maintenance, repair, replacement,
removal and operation of said ditch, lateral(s) and/or other structure(s)
and rights-of-way that Licensee shall not construct or place any fence,
building or other structure, or plant any shrub or tree on any part of
the above described right-of-way or make or permit any use thereof which
would impair, impede or interfere with Licensor's access to or along or
full free use and exercise of the right-of-way and should Licensee or
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any heir, successor or assign of Licensee have, place or allow any
obstruction to the ditch or the right-of-way Licensor may immediately
remove same without any liability for damages arising therefrom.
6.
Li cense:
Licensor, without warranting the right, title or
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privilege, hereby grants Licensee the privilege of relocating a portion
of Licensor's ditch and constructing the above described structure(s) in
accordance with engineering plans and specifications prepared or to be
prepared and submitted to Licensor by Licensee subject to the following
terms and conditions:
6.a. Plans and Specifications; Prior to Licensee's commencement
of any work on the ditch or right-of-way, the engineering plans and
specifications for such work shall have been submitted to and
accepted by Licensor's endorsement thereon and upon acceptance are
i ncorpora ted by reference herei n as EXH I BIT" ;1- ";
6.b. Supervision: All work shall be performed under the
supervision of a registered professional engineer and in accordance
with EXHIBIT "1"s plans and specifications, unless a modification
thereof is agreed to in writing by Licensor. At Licensor's request,
Licensee will supply Licensor with "as constructed" drawings.
6.c. Commencement and Timing of Work: Licensee shall not
commence any construction on the ditch or right-of-way or affecting
ditch operations without first notifying and obtaining Licensor's
consent to the commencement and scheduling of such work. Thereafter,
Licensee shall organize, commence, conduct and complete all construction
and maintenance activities with all necessary speed and diligence
and in such a fashion as to avoid any interference with ditch
operations or the full, free flow of water through the ditch. Any
and all excavations made shall be immediately leveled off, and any
damage to the canals and laterals, embankments, fences, roads or
other improvements of Licensor shall be promptly repaired by Licensee
at Licensee's sole cost to satisfaction of Licensor.
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6.d. Inspection and Completion: Licensor shall have the
right to inspect any relocation, construction, installation or
removal of any structure by Licensee to assure that such will not
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interfere with the full free flow of water or otherwise impair
operation or use of the ditch system and rights-of-way, Licensee's
work shall not be deemed satisfactorily completed until inspection
and acceptance thereof by Licensor. Licensor's inspection and
acceptance shall operate only as approval that the work and structure
as performed and installed by Licensee will not interfere with
Licensor's use and operation of the ditch system and right-of-way.
6.e, Mechanic Liens: Licensee agrees that all design, engineering,
construction and installation or other work permitted hereunder is
solely for the benefit of Licensee and Licensee's property. Licensee
has no authority to create any lien for labor or material on or
against Licensor's property, water rights or ditch system. Licensee
agrees to notify all materialmen, suppliers, contractors or laborers
that they must look only to Licensee for payment and that Licensee
has no authority whatsoever to bind Licensor or Licensor's property
for any costs, charges, or expenses incurred by the work performed
hereunder.
7. Construction and Maintenance of Structure: Licensee covenants
and agrees to perform all work and construct any structure permitted by
this Agreement in a workmanlike manner and with such materials as will
safely perform the purpose for which the structure is installed. Licensee
covenants to construct and maintain any structure hereunder which encloses,
bridges or provides crossing over Licensor's ditch and right-of-way (if
any) in a workmanlike manner and with such material as will safely
support and carry any weights, loads or traffic that may at any time or
in any manner be placed thereon. Licensee covenants and agrees at all
times to make, keep and maintain any structure provided for hereunder in
a good and safe condition and to repair any deterioration, break, leak
and/or damage therein or thereto at Licensee's own expense. Licensee
agrees that if by reason of any deterioration, break, leak or damage in
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or to any structure of Licensee, damage or injury is directly or indirectly
caused Licensor, then Licensee will, with all due diligence, repair and
place the property of Licensor in the same condition as it was prior to
the injury and will pay any and all monetary damages sutained or incurred
by Licensor, its stockholders or water users. Licensee shall continue
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to own and bear full responsibility for the use, operation, maintenance
and, if necessary, removal of any crossing or structure permitted under
this Agreement. In the event Licensee fails or refuses to promptly
carry out or perform any covenant, duty or obligation to be performed by
Licensee, Licensor shall have full right, power and authority, but not
the obligation, to perform the same at Licensee's cost and expense
without releasing Licensee from any liability hereunder or consequences
of breach hereof.
8. Debris: Licensee covenants to continuously and at all times
keep that portion of Licensor's ditch and right-of-way covered by this
Agreement free and clear of all debris, of every kind and nature what-
soever, so that use of the right-of-way and the full and free flow of
water in Licensor's ditch system shall not be interfered with at any
time, including times of heavy rain or abnormally high water in the
ditch caused in any manner whatsoever, and so that no damage can or will
result to Licensor, Licensor's ditch system or to the person or property
of others by the escape or overflow of water or in any manner whatsoever.
9. Enclosure Grating: Licensee agrees that when, if ever, a
grate, slat or lattice is required or should be installed, now or in the
future, on the upstream side of any structure covered by this License
Agreement, Licensee shall bear full responsibility of the installation
or failure to install such grate, slat or lattice and, if installed, for
the design, construction and maintenance thereof in such a manner as to
avoid any interference with the full and free flow of water in the
ditch. Licensee agrees for any grate, slat or lattice required, now or
in the future, on any structure covered by this License Agreement to
install and keep and maintain the same free and clear of all debris of
any kind and nature whatsoever.
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10. Indemnification: Licensee covenants and agrees that in the
event any penalty, loss, injury or damage lS caused Licensor or any
other person or persons or their property in any manner whatsoever
arising out of the relocation of the ditch and right-of-way and/or the
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construction, maintenance, use, existence or removal of any structure
(if any) covered by this License Agreement, whether by failure of Licensee
to fully carry out and perform any covenant or agreement to be carried
out and performed by Licensee or otherwise, Licensee agrees to indemnify
and hold Licensor its successors or assigns harmless from any penalties,
losses, damages and injuries including, but not limited to, actual
damages, court costs, attorneys fees, and any other cost and expenses of
any kind or nature whatsoever incurred directly or indirectly by Licensor
as a result of the relocation of the ditch system and right-of-way and
the design, construction, maintenance, use, existence or removal (if
necessary) of any structure hereunder.
11. Ditch Modification: If in the future Licensor should desire
to enlarge, deepen, add to or otherwise change or relocate its ditch
system within the right-of-way or to do any other thing incident to the
operation and maintenance of its ditch system, right-of-way and easement,
then Licensee agrees at Licensee's expense, with all due diligence, to
change, remove, relay and/or reconstruct any crossing or structure (if
any) hereunder so as to comply with such plans and specifications as
Licensor may prescribe as being necessary to permit the proper maintenance
and operation of Licensor's ditch system as altered by Licensor.
12. Term and Notice: The license and privilege herein granted
Licensee for the use and maintenance of the structures and/or crossing
under this agreement shall continue for so long and only so long as
Licensee its successors and assigns comply with the provisions hereof.
Licensee agrees that in case of any failure on the part of Licensee to
fully perform the covenants and agreements to be performed hereunder,
this License may be immediately revoked and terminated and the task
performed by Licensor at Licensor's sole election. Licensor agrees
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to give Licensee written notice of its election sent by registered mail
to Licensee addressed as follows:
or to such other person or persons as may be designated in writing by
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Licensee to receive such notice. Licensor's election to terminate this
License and performance of Licensee's task or removal of any crossing or
structure hereunder shall not relieve Licensee of any liability hereunder
for the costs and expenses to Licensor of Licensee's breach or the costs
and expense of removal.
13. Covenants Run With Land: The covenants, terms and conditions
hereof are intended to run with the land and shall be binding upon and
inure to the benefit of the parties hereto and their respective agents,
and assigns.
heirs, executors, administrators, personal representatives, successors
14. Additional Provisions (if any):
IN WITNESS WHEREOF, the parties have hereunto subscribed their
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names and seals this ~ day of
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Wanda Sano, City C1erk
Attest:
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LI CENSOR
1983 .
THE ROCKY MOUNTAIN WATER COMPANY
By
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W/tOoLc,
LI CENSEE
CITY OF WHE~~ RIDGE'
By
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Frank Stites, Mavor
MORTGAGEE
By
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ACKNOWLEDGEMENTS
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STATE OF COLORADO )
) s s.
COUNTY OF JEFFERSON )
~e~f regoing instrument wa
of :::2~~ _"t:2b-Y; 19 B-=3, by
as President and
as Secretary of THE ROCKY MOUNTAI
1~ day
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. Witness my hand and official seal.
./"y Coemissi," expice" J~ '( :Z-Jut.!Jl.~
Notrary P~~ll\c lib.. ,I, V.J;" ,
Address~Aj~/CD~~~~
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STATE OF COLORADO )
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COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this day
of , 19 , by
as President and
as Secretary of LICENSEE,
Witness my hand and official seal.
My Commission expires:
Notary Publ ic
Address:
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing
day of
as
as
instrument was acknowledged before me this
, 19 , by
President and
Secretary of MORTGAGEE,
Witness my hand and official seal.
My Commission expires:
Notary Publ ic
Address: