2016-04-06_REVISION - M1987113 (3)

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DITCH RELOCATION AND MAINTENANCE AGREEMENT 1.0 PARTIES The parties to this Ditch Relocation and Maintenance Agreement, hereinafter referred to as the "Agreement," are THE CITY AND COUNTY OF BROOMFIELD, a Colorado municipal corporation and county, hereinafter referred to as the "City," whose address is 1 DesCombes Drive, Broomfield, CO 80020 and mineral interest owners as tenants in common Charles C. McKay and Perry S. McKay, hereinafter jointly referred to as the "Contractor," whose legal address is 10050 Wadsworth Blvd., Westminster, CO 80021. City and Contractor together may collectively be referred to herein as the "Parties," or individually referred to herein as a "Party." 2.0 RECITALS The Recitals to this Agreement are incorporated herein by this reference as though fully set forth in the body of this Agreement. 2.1 The City is the owner and operator of certain existing irrigation canals known as McKay Ditch and Upper Church Ditch in Jefferson County, Colorado; and 2.2 The City owns a valid existing and historical prescriptive ditch easement for the McKay Ditch and Upper Church Ditch. The McKay Ditch has operated since the early 1900's and the Upper Church Ditch since the 1880's. The City has used both ditches since its formation in 1961. The legal descriptions of the McKay Ditch and Upper Church Ditch were surveyed and such information was recorded July 9, 2003 at reception no. F1799595 and F1799596, respectively, with the Clerk and Recorder of Jefferson County, Colorado; and 2.3 The prescriptive easements for the McKay Ditch and Upper Church Ditch predate the conveyance of the underlying property to the United States of America and such conveyance was in fact subject to the existing easements for ditches and canals by the express language of the document transferring said property; which was recorded November 15, 1974 with the Jefferson County Clerk and Recorder at Reception No. 26810003, and is attached hereto as Exhibit A; and 2.4 Contractor operates a gravel pit within the South 1/2 of Section 9, Township 2 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado, hereinafter referred to as the "Property", upon which the McKay Ditch and Upper Church Ditch cross; and 2.5 Contractor desires to relocate and combine the McKay Ditch and Upper Church Ditch in a manner that realigns the channel and flow of such ditches to a new ditch location upon the Property described 1