2016-04-06_REVISION - M1987113 ‎(3)‎

• Permit No: M1987113
• IBM Index Class Name: Revision
• Doc Date: 4/6/2016
• Doc Name: Request TR03
• From: Bestway Concrete, Inc.
• To: DRMS
• Type & Sequence: TR3
• Email Name: MAC
• Email Name: WHE
• Media Type: D
• Archive: No

this instrument. To the extent that any special provisions attached hereto
are in conflict with any other provisions hereof, such special provision shall
control and supersede any other term or provision hereof.
3.6.1 It shall be the duty of the Contractor or its assignee or sub-
contractor to construct, reconstruct, clean, install, replace,
repair and maintain the relocation and improvement to the
Combined McKay/Church Ditch in accordance with the plans
attached hereto as Exhibit C. Contractor agrees not to
commence construction of the relocation and improvements
without having first obtained consent and approval of the
Water Resource Manager of the City.
3.6.2 In completing the relocation and construction of the
Combined McKay/Church Ditch and thereafter in repairing
and maintaining same, Contractor shall do so in a manner as
not to damage existing canals and laterals or the
embankments thereof and so as not to interfere with the flow
of water in the existing ditches. Any damage to the existing
canals, embankments, fences, roads or other improvements
shall be promptly repaired by the Contractor at its sole cost,
to the complete satisfaction of the City.
3.6.3 Contractor agrees that it will at all times maintain the
relocated and improved Combined McKay/Church Ditch and
repair all breaks, leaks, and damages therein and thereto at
its own expense and further that, if, by reason of any break,
leak or damage in and to the Combined McKay/Church
Ditch, injury to the properties of the City and County of
Broomfield is sustained, then Contractor will, with all due
diligence, repair and replace such property of the City in the
same condition as the property was in prior to such break,
leak or damage in and to the said relocation and will pay any
and all monetary damages resulting from such break, leak or
damage sustained or incurred by the City and County of
Broomfield. This maintenance responsibility will extend for a
period of fifteen (15) years or as long as the material
extraction of the pit is operational upon the Property,
whichever is longest and shall commence upon acceptance
of the relocated improvements by the City. This
maintenance obligation applies only to the Combined
McKay/Church Ditch located within the Easement Area.
3.6.4 In the sole opinion of the City, if the Combined
McKay/Church Ditch within the Easement Area is not
properly maintained or is closed, blocked or vacated, the
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