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Home My WebLink About1991 Ordinance No. 055CJ1DINANCE oo .__5.$ SERIES or 1991 BY AlTl'llORITY CXIJNCIL BIIJ.. 00. 57 lNI'ROOOCED BY CXXJIK:IL MEMBER BULLCCK AN CJ1DINANCE APPROVING A LICENSE AGREEMENr BE:rum-l THE CITY CF ENGLlli:Xll ANO OIERRY HILLS VILLAGE FCR THE cnlS'l'RUCTIOI OF A SIX INCH liATER LINE BY O!ERRY :iILLS VII.J.J\GE CJ105SrnG TilE CITY DITCH IN TI-0 AREAS . WHEREAS, 01erry Hi lls Village has sul:rni.tted a License Agreerrent for the construction o l' a 6" water line in the vicinity o f East Kenyon Avenue and U. s. Highway 28 5 , East o f Clarkson; and WHEREAS, the prqx,sed 6" water line crosses the City Ditch twice, once under the c:pen City Ditch and once will cross under an mclosed pipe; and 1'1!!EREAS, 01erry Hills Village will o.,n the water line and the City of Englewood will maintain the water line; NCW, THEREFORE, BE IT CIIDAINED BY THE CITY CXXJOCIL CF THE CITY CF l:NGI.IlO:D' O'.lLCRAllO' I\S FQLLO;S: • Section 1. The License Agreerrent between the City of D,gle.<JOd and Ch . -:ry Hills Village to construct a Six inch (6") water Line crossing the Ci · y Ditch twice ( ooce under an c:pen ditch and ooce under an enclosed pipe) in the vicinity of East Kenyon Avenue and U.S. Highway 285 , East of Clarkson is hereby approved. 01erry Hills Village will o.,n the wat er line and the City of Englewood will maintain the water line . Copies of the License Agreetent is attached hereto as Exhibit A, and in=rporated herein by reference. A. The License Agreerrent with O,erry Hills Village for the a prqx,sed 6" water l ine which crosses under the q,e,1 City Ditch at East Kenyon Avenue in Tract 7 of Higgin' s South Broadway Heights. -- B. The License Agreerrent with 01erry Hills Village for a proposed 6" water line crosses under an mclosed pipe located at upper Frog Hollow in Tracts 6 and 7 of Higgin' s South Broadway Heights. section 2. The Mayor and the City Clerk are hereby authorized to sign and attes t the License Agreemant for and on behalf of City c.ooncu and the City o f Englewood. Introduced, read in fu ll, and passed on f irst reading O'\ the 1 ~th day o f SeptE'!l'O".-r, 1991. Published as a Bill for an Ordinance on the 19th day o f Septentier , 1991. Rea d by title and passed on final r eading on the 7th day of O::tober , 199 1. Published by title as Ordinance No • .:if2, series of 1991, on the 7th day ot Cctober , 1991. SUsan Van Dyke ~rm-$~ Patric a H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the Ci,:y of Englewo:>d , Coloraoo, hereby certify that the above and foregoing is a true cx:.w of the ordinance passed on final reading and published by title as ordinance No . ,55; series of 1991. -~~, ef&,H-<1-" Patricia H. Crow LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the-~~--day of _____________ , 19 _____ , by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, horeinl\fter referred to as "City" and CHERRY HILLS Yll l AGf hereinafter referred to as "Licensee," WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, i t s successor, assigns, to install a 6" water line unde~ the City's rights-of-way for the City .Ditch, A parcel of land situated in the --~N=W-l_/4~---- of Section __ ___,,_ __ , Township ----~S~S~o~u~th"------- Range 68 W of the 6t h County of Arapahoe , State of Colorado and lying ·.,ithin the following described lines: In East Kenyon Avenu e bor der i ng Tract of Higgin's So ut h Broadw ay Heigh ts P .M., The above -described pa r ce l conta i ns more o r less. __________ ac r es, -l - 1. Any construction contemplated or performed und er this License shall com ply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sh~et, a copy of which is attached hereto and made a part hereof . 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs mad e to, Licensee's 6" water 1 ine so that the City may, in its di scretion, inspect such operations. 3. within thirty (30) days from the da e of the commencement of construction of said --,--,-~6-"_w~a~t~e_r_l_in~e~_,.-.-----,--,---,--,---,-- the Licensee shall complete such construction, and shal l clear the crossing area of all c onstruct i~n debris and restore the area to its previous condition as near as may be reasonable. In the event and the cleari ng and restoration of the crossing area is not completed wi thin the time specified, the City may com plete the work at the sole expense of the Li c en see . 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facil ilties or installations within the City's rights-of-way, at any time ~nd i n such manner as the City deems necessary or convenient. The City reserves th,~ exclusive right to control all easements and installation s. In the event the 6" water 1 i ne should interfere wi th any future use of the ~ity's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate , rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the -~6-"_w~a~t~e~r~l_in_e~-,----.----- .,.....-,-__,-c--...,..,--__,..---=---.--=-,---,,----,-or other appurtenant installation thereof, shall be made at the sole expense of the -Licensee. 6. Th e st ipul at ion and cond itions of this License shall be incorporated into contract specification s if the con struction herein auth orized is to be done a contract basis. 7. The rights and pr iv ileges granted in this License sha ll be subj ect to prior ag reements, licenses and/or grants, recorded or unrecorded, a nd it shall b e t he Licensee's sole r e spon sib il ilty to determine the existence of said documents or conf l icting uses or installat ion s. -2 - a. The Licensee shall contact and fully coope:·ate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such wa ters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inchus loose measure to a compaction of nin ety per cent (90\) Standard Proctor Maxim um Density. 10 . Licensee, by acce ptance of this license, e Apressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing prov i ded by this license. The Licensee assumes all responsibility for maintenance of the installation. 11. Licensee .~hall indemnify and save harmless the City, its o fficers asnd employees, against any and all claims, damages, actions or ca,,ses of action and expenses to which i t or they may be subjected by reason of said ,....~6~•-•~w~a~t~e~r_)~i~o~e-..,....---,.-,----~ being within and over the premises of the City or by reason of any work done or omis sion made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may, at its option, h ave specific performance thereof, or sue for damages resulting from such breach. 13 . Up on abandonment_9f any right or privilege herein granted, the right of Licensee to that extent shall terminate, but -its obl igation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. In granting the above authorization, the City res,'rves the right to make full use of the property involved as may b,· necessary or convenient in the operation of the water works plan\· and system under the control of the City. -) - IN WITNESS WHEREOF, this instrumen~ has been executed as of the day and year first above wr itten. CHERRY HILLS VILLAGE, BY: ___________ _ l!ayor ATTEST: Licagm6 CITY OF ENGLEWOOD, By:~-----------Mayor ATTEST: City Clerk -4 - NW 1/4 SECTION 2, TOWN SHI P 5 SOUTH, RANGE 68 WEST 61h PM . -ARA PAHO E COUNTY - HIGG IN'S SOUT H □RO A D WAY HE IGHT S TRAC T 7 " 't. WATER LINE ' ('\_ " . E KENYON AVE. I I I . N PLAN ~· PROFILE NO $CALE G"WATER LI E EtJGL EWOOO WATER DE PARTME NT DATE September 16 , 1991 INITIATED BY STA ?'I' SOURCE IIIIIIK/ACTIO I PROPOSED COUNCIL COMMUNlCATION AGENDA I TEM SUBJECT 11 • Wat.ir Li.nee Eng l ew ood Water and Sewer Boa rd Stewart Fonda, Director of Ut ilities Ltcenee Agreement for Ch e , ry Hll la council approval of the two License Agreeme nte submitted by Cherry Hi lla Village for the con ■tru c tion of a 6 " water line . PRSVIOUS COUNCIL ACTION None. STAPP lUIJILYSI S The License Agreemente were approved by the Englewood Water and Sewer Board at t heir May 14, 1991 meeting . The propo ■ed line would croaa th~ City Ditch twice between Xe nyon a nd 285 , east of Clarkson. One license agreement is for c r ossing under an open ditch and one is for crossing under ~n enclosed p pe. Cherry Hills will own the water line and the City of Engleuood will maintain the water line. UCKGROUIID The p ipi.ng will consist of a 6 .. water line acros s Ea st Kenyon Av enu e i n Tra,t 7 of Higgin • 11 South Broadway He ight a. None.