2016-04-06_REVISION - M1987113 (3)

Home Browse Search

3.6.9 The City shall release its existing prescriptive ditch easements for only those portions of the McKay and Upper Church Ditches within the south 1/2 of Section 9, Township 2 South, Range 70 West, which are replaced by the Combined McKay/Church Ditch, once the City has made final acceptance of the Combined McKay/Church Ditch in writing by the Director of Public Works. Such release of portions of the McKay and Upper Church Ditches as such ditches currently traverse the property, shall be in the form attached hereto as Exhibit G. 3.7 This Agreement shall be binding upon Contractor and Contractor's heirs, successors, assigns, or transferees and shall be considered a covenant running with the land. The duties contained herein shall run with the land and shall be binding upon, jointly and severally, and shall inure to the benefit of, the Parties hereto, their heirs successors, or assigns. In addition, any assignment by Contractor of its duties and obligations under this Agreement is subject to the advance and written approval by the Director of Public Works of the City. 3.8 The Contractor agrees to the terms of this Agreement and gives evidence of its voluntary agreement by having the individuals below sign their names to this Agreement. The persons signing and executing this Agreement on behalf of Contractor do hereby warrant and guarantee that they are or have been fully authorized by Contractor to execute this Agreement on behalf of Contractor and to validly and legally bind Contractor to all terms, performances, provisions and conditions herein set forth. 3.9 No merger of estates or interests shall be deemed to have occurred hereunder or under any document executed in the future affecting the relocation of the City's historical and prescriptive Easements. Furthermore, nothing hereunder or under any associated document shall have the intent or effect of diluting, altering or reducing the water rights of Broomfield as they may relate to or travel through the Upper Church Ditch, the McKay Ditch or the relocated Combined McKay/Church Ditch. 3.10 The "Easement Area" created herein and the rights created, reserved, granted and established in this Agreement do not, and are not intended to, and shall not be construed to create any easements, rights, privileges in and for the benefit of the general public, unless so dedicated in accordance with an agreement approved by Contractor. 3.11 The City shall pay the Contractor $ 10.00 and other good and valuable consideration as provided in this Agreement. 6