Laserfiche WebLink
permanent easement. Owner warrants that there are no existing <br /> encumbrances of record against the subject property which, if <br /> foreclosed upon, could extinguish the Ditch Company's rights. The <br /> Ditch Company acknowledges that the extent of its existing easement <br /> across the subject property. is limited to a width of 30 feet. <br /> 6. Upon acceptance by Ditch Company of the relocated and <br /> reconstructed reach of the Ditch, and subject to the proper <br /> recording in the Boulder County Real Estate Records of the fully <br /> executed original of Exhibit "C, " and any subordination agreelilc:nts <br /> that may be required, the Ditch Company agrees to Quit Claim all <br /> rights it may hold to an easement for the portion of the Ditch <br /> which is no longer needed because of Owner's relocation effO)7ts, <br /> and Owner shall be free to eradicate all sections of the ex.i.--tang <br /> Ditch which are no longer needed and use such property for whatever <br /> purposes Owner desires. A form of Quit Claim Deed to be signe0l by <br /> the Ditch Company is attached as Exhibit "E. " Once executed, 1:l>e <br /> Quit Claim Deed may be recorded by Owner in the Boulder CountPeal <br /> Estate Records. <br /> 7 . owner shall not discharge any water into the Ditch <br /> without the prior written consent of the Ditch Company. <br /> S. Owner and its successors shall indemnify and l->olc, <br /> harmless the Ditch Company, its directors, officers or <br /> shareholders, from any third party claims, demands or causes Of <br /> action in connection with the reach of the ditch which is <br /> relocated. The foregoing shall not apply to the extent the claim <br /> or demand is based upon, or damage is caused by, the negligence of <br /> the Ditch Company, its agents or assigns. <br /> 9. The parties covenant to cooperate with each other in the <br /> performance of this Agreement. <br /> 20. Owner agrees to reimburse the Ditch Company for its <br /> attorney fees associated with the negotiation and preparation of <br /> this Agreement. The Ditch Company shall provide Owner with a <br /> written statement summarizing the costs it incurs. Payment shall <br /> be made no later than thirty days after receipt of the Statement <br /> by Owner. <br /> 11. All notices, demands or other documents required or <br /> desired to be given, made or sent to either party under this <br /> Agreement shall be made in writing, shall be deemed effective upon <br /> receipt and shall be personally delivered or mailed postage <br /> prepaid, certified mail, return receipt requested as follows: <br /> TO DITCH COMPANY: <br /> South Boulder and Bear Creek Ditch Company <br /> c/o The City of Lafayette <br /> 1290 South Public Road <br /> Lafayette, Colorado 80026 <br /> 3 <br />