HomeMy WebLinkAboutbocc.res.027.2018 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS("BOCC")OF PITKIN COUNTY,
COLORADO,APPROVING AN AGREEMENT WITH THE SALVATION DITCH COMPANY FOR
DITCH IMPROVEMENTS CONTRACT
RESOLUTION NO. 037 -2018
# /`/5 - O/Cs
RECITALS: 4.44(kt kph )
1. Pursuant to Section 2.8.4 (Actions)of the Pitkin County Home Rule Charter("HRC"), all matters not
required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution.
2. Pitkin County owns and maintains Red Mountain Road, located north of the City of Aspen.
3. Red Mountain Road is retained on the western side by a mechanically stabilized earthen (MSE)wall
adjacent to the Salvation Ditch crossing.
4. The Salvation Ditch Company requires an Agreement to make improvements to the ditch in order to
protect the County road.
5. The County wishes to stabilize the existing MSE wall by placing a 48-inch diameter ADDS-N12 water-
tight culvert and burying it to shore the wall.
6. Engineering staff, Pitkin County Attorney, and Salvation Ditch Company have agreed to the form of the
Ditch Agreement.
7. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this
Resolution.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado
that it hereby adopts a Resolution approving an agreement with the Salvation Ditch Company for improvements
to the Salvation Ditch adjacent to Red Mountain Road and authorizes the Chair to sign the Resolution and upon
the satisfaction of the County Attorney as to form, execute any other associated documents necessary to
complete this matter.
INTRODUCED, READ AND ADOPTED ON THE 11T14 DAY OF April 2018.
ATT : . BOARD OF COUNTY COMMISSIONERS "n o m
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By -Jr ..�1..�./ Ltd By: o m z
Je. Itte Jones Patti Clapper,Chair e lam
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This Agreement dated this /l ` __day of ✓e _ 2018, is between the Board
of County Commissioners of the County of Pitkin,State of Colorado,whose address is 123 Emma
Rd, Suite 106 Basalt, CO 81621 (the "County"), and the Salvation Ditch Company, a Colorado
mutual ditch company ("SDC"), whose address is P.O. Box 489, Woody Creek, CO 81656
(collectively,the"Parties").
Recitals
A SDC is the owner and operator of an existing ditch system, including easements
for the use, operation and maintenance thereof for the purpose of diverting, controlling,
transporting, carrying, delivering and disposing of waters decreed to the Salvation Ditch (the
"Ditch").
B The Ditch crosses under Red Mountain Road, which is owned, maintained and
operated by the County (the "Road"),though existing corrugated metal pipes to a concrete wall
channel,the bottom of which is not concrete. There is an existing Mechanically Stabilized Earth
("MSE")wall along the Westerly side of the Road between the Road and Ditch.
C. The County desires to stabilize the existing MSE wall("MSE Wall Improvements")
by placing a 48-inch diameter ADDS-N12 water-tight culvert and burying it to shore the wall
D. The structures and improvements described and defined above are shown and more
particularly described on Exhibit A("Plans and Specifications").
E. SDC is willing to permit and approve the Ditch Improvements and MSR Wall
Improvements upon the terms and conditions set forth in this Agreement.
Agreement
NOW THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,the sufficiency of which are hereby auknowledged,the County and SDC further agree
as follows.
t. Timing of Project. The parties agree and acknowledge that the Ditch is in use for
delivery of irrigation water to its shareholders between approximately May I and October 15 of
each year. AU work contemplated by this Agreement that may take place within 20 feet of the
centerline of the Ditch shall therefore be scheduled to be commenced and completed either prior
to May I or after October 15.
2. Expense Reimbursement Fund. The County shall provide SDC with a check for
$5,000.00 prior to commencement of the work described herein in order to establish a fund (the
"Expense Reimbursement Fund")to reimburse SOC for legal and engineering expenses incurred
in reviewing,approving, inspecting and ultimately accepting the completion of the Improvements
described in Exhibit A If at any time the Expense Reimbursement Fund is depleted to less than
1
$1,000, and SUC reasonably believes that its additional costs will exceed this amount, SDC shall
notify the County and,within five(5)days of this notice,the County shall supply the SDC with
additional fluids sufficient to bring the balance of the Expense Reimbursement Fund up to the
lesser of(1)an amount that will cover SDC's reasonable written estimate of the remaining Review
Expenses and (2) $5,000.00. SDC shall provide an accounting for spending from the Expense
Reimbursement Fund to the County upon reasonable request. No later than thirty(30)days after
the completion of all work and services contemplated by this Agreement,and payment by SOC of
all related invoices,any excess funds in the Expense Reimbursement Fund shall be returned to the
County.
3. Specifications for Ditch Improvements and MSE Wall Improvements. SDC hereby
allows the County to construct the Ditch Improvements and MSE Wall Improvements(together,
the"Work"), subject to the following terms and conditions,at the County's sole cost and expense:
a. Ditch Improvements. The County has agreed to install approximately 81-
linear feet of 48-inch ADS-N12 Water-Tight pipe,which will extend from a new concrete headwall
attached to the existing concrete wall section and a new concrete Ditch bottom over approximately
60-linear feet,where it will make a Westerly bend of approximately 35-degrees and then extend
approximately 20-feet to join the existing 48-inch ADS-NI2 piped section of the Ditch.
b. MSE Wall Improvements. The County as agreed to extend the MSE Wall
Improvements approximately two feet above their present height with a two-inch inset ledge onto
which a two-inch thick steel grate will be placed to allow foot traffic and prevent persons from
accessing the Ditch at such location.
c. Performance of Work. The Work must be installed according to the Plans
and Specifications (attached as Exhibit A) and shall be performed in a good and workmanlike
manner.
d. Insurance.The construction contract between the County and the contractor
performing the Work shall require commercial general liability insurance coverage in amounts of
at least $1M per occurrence, $2M aggregate, with a waiver of subrogation provision and SDC
named as an additional insured. The contractor shall also be required to maintain statutory
workers' compensation coverage. Proof of required insurance coverage shall be provided to SDC
prior to commencement of the Work,and no policy may be cancelled or amended absent 30 days
prior written notice to SOC.
4. Notice of Work and Inspections. SUC shall be notified at least 48 hours in advance
of commencing any work under this Agreement. SDC and its engineers have the right to access
the Ditch and during the course of the Work shall be provided access to the project for purposes
of monitoring the project, and inspecting and approving installation of the Underground
Improvements and the Ditch Improvements. No trenches shall be closed until SDC has inspected
these items. SDC's engineers may stop work if in their professional opinion the Work materially
deviates from the approved Plans and Specifications without prior approval by SDC.
2
5. Completion If the County does not promptly complete the Work, SOC may give
written notice to the County to complete the Work,and if not completed within 30 days thereafter,
SOC may proceed to complete the Ditch Improvements and to restore the Ditch such that it is able
to deliver water during the irrigation season (approximately May I through October 15). The
County shall pay any costs incurred by SDC in restoring the operational capability of the Ditch,
together with any costs or attorneys' fees incurred by SDC in order to collect any such amount.
6. As-builts. Upon completion of the Work, the County will have a Colorado-
registered Professional Surveyor who has personally inspected the site prepare and submit to SDC
one electronic copy of surveyed as-builts showing all of the Ditch Improvements and MSE Wall
Improvements as constructed. Additionally, Developer will have GIS as-builts prepared and
submitted to SDC electronically, which CS as-builts shall include a GIS shapefile with a data
point for each piece of infrastructure with a photo, installation date, and site specific field notes.
The County shall also have a Colorado-registered professional engineer certify what the Ditch
Improvements and MSE Wall Improvements have been constructed in accordance with the
approved Plans and Specifications.
7. Two-season Warranty. Upon completion of the Work by the County and
acceptance of the Work by SDC, the County hereby warrants the Work as to all defects as to
materials or workmanship from when SDC's engineers accept satisfactory completion of the Work
until November 15 following the second full year of operation of the Ditch Improvements (e.g if
the Work is completed in April 2018,the warranty shall extend through November 15,2018).
8. Maintenance,Repair and Replacement of Ditch Improvements. Upon completion
of the Work and acceptance of the same by SDC, SDC shall own all Ditch Improvements. Upon
completion,SDC will assume responsibility for periodically inspecting and cleaning the new Ditch
pipe within the Red Mountain Road right-of way,but shall notify the County of the need for any
repair or replacement of the pipe. The County shall then be responsible for promptly performing
said repair or replacement and all related costs and expenses.
9. Maintenance,Repair and Replacement of MSE Wall Improvements. The County
shall own and be solely responsible for periodic inspection, maintenance, repair and replacement
of the MSE Wall Improvements.
10. LIABILITY. SDC SHALL HAVE NO LIABILITY DUE TO THE LOCATION,
CONSTRUCTION, OPERATION, REPAIR OR REPLACEMENT OF THE MSE WALL
IMPROVEMENTS WITHIN THE HISTORICAL EASEMENT FOR THE DITCH, OR FOR
FUTURE REPAIR OR REPLACEMENT OF THE NEW DITCH PIPE TO BE PLACED
ADJACENT TO RED MOUNTAIN ROAD BY THE COUNTY.
11. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of
the following methods 1)hand-delivery or 2)registered or certified mail,postage pre-paid to the
mailing addresses set forth below. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall be considered
3
delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained
herein shall be construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process
To: Salvation Ditch Company Copies To: Pitkin County Attorney
PO Box 489 123 Emma Rd., Ste.204
Woody Creek,CO 81656 Basalt,CO 81621
[email] attomey@pitkincounty.com
To: Board of County Commissioners of Pitkin County
123 Emma Rd., Ste. 106
Basalt,CO 81621
jonpeacock@pitIcincounty.com
12. Miscellaneous.
a. This Agreement may not be amended nor any rights hereunder waived
except by an instrument in writing signed by the parties sought to be charged with such
amendment or waiver. The waiver by any party to this Agreement of any term or condition
of this Agreement shall not operate or be construed as a waiver of any subsequent breach
by any party.
b. This Agreement shall be interpreted in accordance with and governed by
the laws of the State of Colorado. The forum for resolution of any and all disputes arising
hereunder shall be the County Court in and for Pitkin County, State of Colorado. The
prevailing party in any such dispute shall be entitled to an award of costs and reasonable
attorneys' fees.
c. The parties agree to execute such additional documents as may be
reasonably required to implement the terms of this Agreement.
d. The terms of this Agreement shall be binding on the parties' successors and
assigns.
e. This Agreement shall be recorded with the Pitkin County Clerk and
Recorder.
1. This Agreement is not assignable by either party.
g. This Agreement constitutes the entire Agreement between the parties and
all other promises and agreements relatmg to the subject of this Agreement, whether oral or
written, are merged herein.
h. Should any one or more sections or provisions of this Agreement be
judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or
4
invalidate the remaining provisions of this Agreement, the intention being that the various
sections and provisions hereof are severable.
i. The parties agree and understand that Pitkin County is relying on and does
not waive,by any provisions of this Agreement,the monetary limitations or terms or any other
rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
C R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties
or any of their officers, agents,or employees.
j. The parties acknowledge and agree that any payments provided for
hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of the parties The parties' obligations under this Agreement are subject to each
individual party's annual right to budget and appropriate the sums necessary to provide the
services set forth herein No provision of this Agreement shall be construed or interpreted as
creating a multiple fiscal year direct or indirect debt or other financial obligation of either or
both parties within the meaning of any constitutional or statutory debt limitation. This
Agreement shall not be construed to pledge or create a lien on any class or source of either
parties' bonds or any obligations payable from any class or source of each individual party's
money.
k. In the event that legal action is necessary to enforce any of the provisions of
this Agreement, the substantially prevailmg party, whether by final judgment or out of court
settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorney's fees.
1. Each person signing this Agreement represents and warrants that said
person is fully authorized to enter into and execute this Agreement and to bind the party it
represents to the terms and conditions hereof
Executed as of the date first set forth above.
THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY,
COLO�}�-
By: L7/.(/..
Patti Clapper, Chair
• T ST:
Co ty Clerk
5
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN
An The foregoing ins ent was acknowledged before me this/ day of
1}p v t f ,2018 by 4-fff as Clic' r of Pitkin County.
WITNESS MY HAND AND OFFIC . AL.
My commission expires:
Ia l.t ' ,cif Lei
Not., Public
JEANETTE JONE1
NOTARY PUBLIC THE SALVATION DITCH COMPANY,
NOTARY lu A COLORADO MUTUAL DITCH COMPANY
' P/tXAn4pSIIM Dna(stn..
By ,President
A.S . K.Leiznflee.
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this/tday of
�"-c�r� 2018 by 772,2,27,9,.< /717j 'as President of the Salvation Ditch
C m6 pany,a Colorado mutual ditch company.
WITNESS MY HAND AND OFFICIAL SE .
My commission expires:
-%
JANETA. HAAS ( � otary Publ W',
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CONTRACT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECEPTION#: 647143, R: $0.00, D: $0.00
DOC CODE- AGREEMENT
/c(�,'r , ), 0I5S Pg 1 of 8,05/07/2018 at 10.09:12 AM
.r Janice K Vos Caudill, Pitkin County. CO
AGREEMNT
This Agreement dated this /A day of /,f}�ye 7 2018, is between the Board
of County Commissioners of the County of Pitkin, St9te of Colorado,whose address is 123 Emma
Rd, Suite 106 Basalt, CO 81621 (the "County"), and the Salvation Ditch Company, a Colorado
mutual ditch company ("SDC"), whose address is P.O. Box 489, Woody Creek, CO 81656
(collectively,the"Parties").
Recitals
A. SDC is the owner and operator of an existing ditch system, including easements
for the use, operation and maintenance thereof for the purpose of diverting, controlling,
transporting, carrying, delivering and disposing of waters decreed to the Salvation Ditch (the
"Ditch").
B. The Ditch crosses under Red Mountain Road, which is owned, maintained and
operated by the County (the "Road"), through existing corrugated metal pipes to a concrete wall
channel, the bottom of which is not concrete. There is an existing Mechanically Stabilized Earth
("MSE") wall along the Westerly side of the Road between the Road and Ditch.
C. The County desires to stabilize the existing MSE wall("MSE Wall Improvements")
by placing a 48-inch diameter ADDS-N 12 water-tight culvert and burying it to shore the wall.
D. The structures and improvements described and defined above are shown and more
particularly described on Exhibit A("Plans and Specifications").
E. SDC is willing to permit and approve the Ditch Improvements and MSE Wall
Improvements upon the terms and conditions set forth in this Agreement.
Agreement
NOW THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,the sufficiency of which are hereby acknowledged,the County and SDC further agree
as follows:
1. Timing of Project. The parties agree and acknowledge that the Ditch is in use for
delivery of irrigation water to its shareholders between approximately May 1 and October 15 of
each year. All work contemplated by this Agreement that may take place within 20 feet of the
centerline of the Ditch shall therefore be scheduled to be commenced and completed either prior
to May 1 or after October 15.
2. Expense Reimbursement Fund. The County shall provide SDC with a check for
$5,000.00 prior to commencement of the work described herein m order to establish a fund (the
"Expense Reimbursement Fund")to reimburse SDC for legal and engineenng expenses incurred
in reviewing,approving, inspecting and ultimately accepting the completion of the Improvements
described in Exhibit A If at any time the Expense Reimbursement Fund is depleted to less than
I
$1,000, and SDC reasonably believes that its additional costs will exceed this amount, SDC shall
notify the County and, within five(5)days of this notice, the County shall supply the SDC with
additional funds sufficient to bring the balance of the Expense Reimbursement Fund up to the
lesser oft Dan amount that will cover SDC's reasonable written estimate of the remaining Review
Expenses and (2) $5,000.00. SDC shall provide an accounting for spending from the Expense
Reimbursement Fund to the County upon reasonable request. No later than thirty(30)days after
the completion of all work and services contemplated by this Agreement,and payment by SDC of
all related invoices,any excess funds in the Expense Reimbursement Fund shall be returned to the
County.
3, Specifications for Ditch Improvements and MSE Wall Improvements. SDC hereby
allows the County to construct the Ditch Improvements and MSE Wall Improvements(together,
the"Work"),subject to the following terms and conditions, at the County's sole cost and expense:
a. Ditch Improvements. The County has agreed to install approximately 81-
linear feet of 48-inch ADS-N12 Water-Tight pipe,which will extend from a new concrete headwall
attached to the existing concrete wall section and a new concrete Ditch bottom over approximately
60-linear feet, where it will make a Westerly bend of approximately 35-degrees and then extend
approximately 20-feet to join the existing 48-inch ADS-N12 piped section of the Ditch
b. MSE Wall Improvements. The County as agreed to extend the MSE Wall
Improvements approximately two feet above their present height with a two-inch inset ledge onto
which a two-inch thick steel grate will be placed to allow foot traffic and prevent persons from
accessing the Ditch at such location.
c. Performance of Work. The Work must be installed according to the Plans
and Specifications (attached as Exhibit A) and shall be performed in a good and workmanlike
manner.
d. Insurance.The construction contract between the County and the contractor
performing the Work shall require commercial general liability insurance coverage in amounts of
at least $1M per occurrence, $2M aggregate, with a waiver of subrogation provision and SDC'
named as an additional insured. The contractor shall also be required to maintain statutory
workers' compensation coverage Proof of required insurance coverage shall be provided to SDC
prior to commencement of the Work,and no policy may be cancelled or amended absent 30 days
prior written notice to SDC.
4. Notice of Work and Inspections. SDC shall be notified at least 48 hours in advance
of commencing any work under this Agreement. SDC and its engineers have the right to access
the Ditch and during the course of the Work shall be provided access to the project for purposes
of monitoring the project, and inspecting and approving installation of the Underground
Improvements and the Ditch Improvements. No trenches shall be closed until SDC has inspected
these items. SDC's engineers may stop work if in their professional opinion the Work materially
deviates from the approved Plans and Specifications without prior approval by SOC.
2
5 Completion. If the County does not promptly complete the Work, SDC may give
written notice to the County to complete the Work,and if not completed within 30 days thereafter,
SDC may proceed to complete the Ditch Improvements and to restore the Ditch such that it is able
to deliver water during the irrigation season (approximately May 1 through October 15). The
County shall pay any costs incurred by SDC in restonng the operational capability of the Ditch,
together with any costs or attorneys' fees incurred by SDC in order to collect any such amount.
6. As-builts. Upon completion of the Work, the County will have a Colorado-
registered Professional Surveyor who has personally inspected the site prepare and submit to SDC
one electronic copy of surveyed as-builts showing all of the Ditch Improvements and MSE Wall
Improvements as constructed. Additionally, Developer will have GIS as-builts prepared and
submitted to SDC electronically, which GIS as-builts shall include a GIS shapefile with a data
point for each piece of infrastructure with a photo, installation date, and site specific field notes.
The County shall also have a Colorado-registered professional engineer certify what the Ditch
Improvements and MSE Wall Improvements have been constructed in accordance with the
approved Plans and Specifications,
7. Two-season Warranty. Upon completion of the Work by the County and
acceptance of the Work by SDC, the County hereby warrants the Work as to all defects as to
materials or workmanship from when SDC's engineers accept satisfactory completion of the Work
until November 15 following the second full year of operation of the Ditch Improvements (e g if
the Work is completed in April 2018,the warranty shall extend through November 15,2018)
8. Maintenance,Repair and Replacement of Ditch Improvements. Upon completion
of the Work and acceptance of the same by SDC, SDC shall own all Ditch Improvements. Upon
completion,SDC will assume responsibility for periodically inspecting and cleaning the new Ditch
pipe within the Red Mountain Road right-of way,but shall notify the County of the need for any
repair or replacement of the pipe. The County shall then be responsible for promptly performing
said repair or replacement and all related costs and expenses.
9. Maintenance, Repair and Replacement of MSE Wall Improvements. The County
shall own and be solely responsible for periodic inspection, maintenance, repair and replacement
of the MSE Wall Improvements.
10. LIABILITY. SDC SHALL HAVE NO LIABILITY DUE TO THE LOCATION,
CONSTRUCTION, OPERATION, REPAIR OR REPLACEMENT OF THE MSE WALL
IMPROVEMENTS WITHIN THE HISTORICAL EASEMENT FOR THE DITCH, OR FOR
FUTURE REPAIR OR REPLACEMENT OF THE NEW DITCH PIPE TO BE PLACED
ADJACENT TO RED MOUNTAIN ROAD BY THE COUNTY.
11. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of
the following methods I) hand-delivery or 2)registered or certified mail, postage pre-paid to the
mailing addresses set forth below. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall be considered
3
delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained
herein shall be construed to preclude personal service of any notice in the manner prescnbed for
personal service of a summons or other legal process.
To: Salvation Ditch Company Copies To: Pitkin County Attorney
PO Box 489 123 Emma Rd., Ste. 204
Woody Creek,CO 81656 Basalt, CO 81621
[email] attomey@pitkincounty.com
To• Board of County Commissioners of Pitkin County
123 Emma Rd., Ste. 106
Basalt, CO 81621
jon.peacock@piticincounty.com
12. Miscellaneous.
a. This Agreement may not be amended nor any nghts hereunder waived
except by an instrument in writing signed by the parties sought to be charged with such
amendment or waiver. The waiver by any party to this Agreement of any term or condition
of this Agreement shall not operate or be construed as a waiver of any subsequent breach
by any party.
b. This Agreement shall be interpreted in accordance with and governed by
the laws of the State of Colorado. The forum for resolution of any and all disputes arising
hereunder shall be the County Court in and for Pitkin County, State of Colorado The
prevailing party in any such dispute shall be entitled to an award of costs and reasonable
attorneys' fees.
c. The parties agree to execute such additional documents as may be
reasonably required to implement the terms of this Agreement.
d. The terms of this Agreement shall be binding on the parties' successors and
assigns.
e. This Agreement shall be recorded with the Pitkin County Clerk and
Recorder.
f This Agreement is not assignable by either party.
g. This Agreement constitutes the entire Agreement between the parties and
all other promises and agreements relating to the subject of this Agreement, whether oral or
written, are merged herein.
h. Should any one or more sections or provisions of this Agreement be
judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or
4
invalidate the remaining provisions of this Agreement, the intention being that the various
sections and provisions hereof are severable.
The parties agree and understand that Pitlun County is relying on and does
not waive,by any provisions of this Agreement,the monetary limitations or terms or any other
rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties
or any of their officers, agents,or employees.
The parties acknowledge and agree that any payments provided for
hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of the parties. The parties' obligations under this Agreement are subject to each
individual party's annual right to budget and appropriate the sums necessary to provide the
services set forth herein. No provision of this Agreement shall be construed or interpreted as
creating a multiple fiscal year direct or indirect debt or other financial obligation of either or
both parties within the meaning of any constitutional or statutory debt limitation. This
Agreement shall not be construed to pledge or create a lien on any class or source of either
parties' bonds or any obligations payable from any class or source of each individual party's
money.
k. In the event that legal action is necessary to enforce any of the revisions of
this Agreement, the substantially prevailing party, whether by final judgment or out of court
settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorney's fees.
Each person signing this Agreement represents and warrants that said
person is fully authonzed to enter into and execute this Agreement and to bind the party it
represents to the terms and conditions hereof
Executed as of the date first set forth above.
THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY,
COLORAI)Q�y--
By. C��")U,U.I
Patti Clapper, Chair
AT ST: i
, Litt rte„
Co ty Clerk
5
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN
140-
11 The foregoing instrument was acknowledged before^meI this /I day of
di
( , 2018by I Aff7 OJcvrtr as lair of Pitkin County.
WITNESS MY HAND AND OFFICIO AL.
My commission expires:
I ' A i
Not. Public
JEANETTE JONES
NOTARY PUBLIC THE SALVATION DITCH COMPANY,
blO7A.RY 1.)STATE 3F 301.09A:9A- A COLORADO MUTUAL DITCH COMPANY
By: , President
61V\AS L t-f(.5rf2C
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledgedry��, before me this/(day of
, 2018 by_7:9y7/-C /'.Y Y1t4eX as President of the Salvation Ditch
Company, a Colorado mutual ditch company.
WITNESS MY HAND AND OFFICIAL SE .
My commission expires
./. _ ,2rL.c11./
.IANETA. HAAS votaryPubl
Ji ARY PUBLIC //
S "r r'OF COLORADO — ,,Ave76,-r /7i-/9---c
NOl AFY ID#20064027556
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