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HomeMy WebLinkAbout0136 r I' ; ~ I \ 'i ; '_ !"'I.!; J ;., i_ll!;.!!' I: ]1:: :.: '_I f.. .~ ' I i I .- r, j!..' : L~ "/ ~~.l-., \' \ ',~f: :\--..........--.....-.'{ .'.,....-/ LICENSE AGREEMENT AND ~~.DO GRANT, CONVEYANCE AND CONFIRMATION OF RIGHT-OF-WAY THIS AGREEMENT, made this 2r-'J day of <;;""4fcr..,t7er19 83, between r - /- P 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: S:-c"t:' F; A- b- r A : I _ ~ _ : ; ~ I ' :.! , . J ' II j _ (! ' :~.~I-~I:l~jF'Lj:..L 1;..1 , _,tlj'l JLI I l !': ('1.1 I' ;, '_ (.! _ ':: ~. t_ 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 \ 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 J 'i. ! ~ . I I I I- ~ {_ 1 .; \ J j ! " f I! " j 1~' I ! L .. !.II"UL ! J 1. (I ! tdJf'~: (: ~~: l~; : :~ _ ~Ij"~ _ i;, \ ~ : I ! , [1 ,_ 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 ~ 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. I" !_' ,'! 1 tli.! ,rl _; I'! l : ~ (, l t ;..1 'I'I [t': _ [,I , " - ,~I rLI (1;"1_'1 ! , IUi.j, -" ~ ~! !'1:' j \ !..{ , 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 y 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 j i !! I I : I j-f J. i! !} ;.: ! J~I" ( f- - r:lf,,. [I f! ; :' 1 ;.13) l (i/ I ('.J 1 ~ 1'); :. ( it Ii_ : : f. F, :-!)f".J ,- J , _! l \~ ! I I' t i . J 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 ~- 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. :" ~,_! : ' ! t i ;'.; :.j i , \J ' i I '.i! :-' j :- !'_ j (I :,' 1..1' l' ~ {'.\ PH I i J L~' I ~ I' ':' () t.! ,- i ; \;- i.: 1}!. '} :':'; d~ 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 <: 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 ~ I [ ~! 1 ~ I ;! l'J '-/ I.; 1 11 ' ,} '. '_! '_il! 'I :,' !_'i.d n.l: 1.t; .!:" : :.., ;w ': ("Ii": . I i ~ ! :' r '" [i':' 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 ;7 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 ,.~ '11ft names and seals this ~ day of /' 'IL e;/ . C-:l-;h't/ ~t~sr= , ) , " / '-" I Wanda Sano, City C1erk Attest: Zr~ LI CENSOR 1983 . THE ROCKY MOUNTAIN WATER COMPANY By :>v......c:l....-.<>. K W/tOoLc, LI CENSEE CITY OF WHE~~ RIDGE' By ~ L'..L' '= -. /'.gt:-' /.. /" Frank Stites, Mavor MORTGAGEE By 1"' '- i :._: ; l ('(.I ;.! I :- I, i _!;'!_I:.! ACKNOWLEDGEMENTS : - f!U! r ,/ ! l ! r I, !' ~ (, i'! ,-" :' ,I ' .~ I !! f; 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 \', . " ,.. ,:', ~'. .... i; .. . ~ ~. .....1 '.-/ - ) \~ ..! . Witness my hand and official seal. ./"y Coemissi," expice" J~ '( :Z-Jut.!Jl.~ Notrary P~~ll\c lib.. ,I, V.J;" , Address~Aj~/CD~~~~ t '" : ~ , STATE OF COLORADO ) ) S5. 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: