2016-04-06_REVISION - M1987113 (3)

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4.0 EXHIBITS. Exhibits, if any, referred to in this Agreement are by reference incorporated herein for all purposes. 5.0 ADDITONAL DOCUMENTS OR ACTION. The Parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement, including securing any permits that may be required from any other governmental agency . In addition, the Parties agree that upon completion of the Combined McKay/Church Ditch and final acceptance thereof by the City as evidenced in writing by the Director of Public Works, the City will release its existing prescriptive ditch easements upon Contractor's Property by the form of release attached as Exhibit G. 6.0 EXECUTION REQUIRED. This Agreement shall not be binding upon either Party hereto unless and until the Parties have executed this Agreement. The Agreement shall become effective upon execution by the Parties hereto. 7.0 RECORDING. This Agreement shall be recorded by the City with the county clerk and recorder in the county in which the Easement Area is located. 8.0 EXECUTION IN COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 9.0 NOTICE. Any notice or communication related to or pursuant to this Agreement shall be in writing via email or U.S. Mail directed at follows: To the City and County of Broomfield: Director of Public Works City and County of Broomfield One DesCombes Drive Broomfield, CO 80020 dallen@ci.broomfield.co.us To the Contractor: Charles C. McKay 10050 Wadsworth Blvd. Westminster, CO 80021 cmckay@churchranch.com 10.0 INDEPENDENT CONTRACTOR. The Contractor is an independent contractor as described in section 8-40-202(2), C.R.S., and is not entitled to workers' compensation benefits from the City and, further, is obligated to pay federal and state income tax on moneys earned pursuant to this Agreement. 7