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Resolution 2020-58
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Resolution 2020-58
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Last modified
9/19/2024 12:48:24 PM
Creation date
11/12/2020 12:48:20 PM
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Template:
City Council Records
Also Known As (aka)
IGA Coal Creek Drainage Way A-1 at Garfield Ave UDFCD Agreement for Improvements
Doc Type
Resolution
Ord/Res - Year
2020
Ord/Res - Number
58
Original Hardcopy Storage
9C5
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A. Preparation of a work plan schedule identifying the timing of major elements in the design; <br />B. Delineation of required right-of-way/easements; <br />C. Preparation of detailed construction plans and specifications; <br />D. Preparation of an estimate of probable construction costs of the work covered by the plans <br />and specifications; <br />E. Preparation of an appropriate construction schedule. <br />DISTRICT shall provide any written work product by the engineer to CITY. <br />7. RIGHT-OF-WAY <br />CITY, with DISTRICT assistance, shall be responsible for acquiring, subject to approval of <br />DISTRICT, such land or interests in land needed to implement construction of the drainage and <br />flood control improvements as defined herein. The cost to be shared by PARTIES for right-of-way <br />acquisition may include relocation costs of existing occupants. Appraisal costs and costs <br />associated with condemnation (including outside legal costs) will also be considered a PROJECT <br />cost. Right-of-way acquisition by negotiation and / or the exercise of eminent domain shall be in <br />full compliance with the laws of the State of Colorado. In addition, the right-of-way acquired shall <br />be in the name of CITY and the conveyancing document shall be promptly recorded in the records <br />of the Clerk and Recorder of CITY. DISTRICT shall serve as the paying agency. <br />A. Coordination of Right -of -Way Acquisition. Cost sharing by PARTIES will be based on <br />supporting documentation such as formal appraisals, reasonable relocation cost settlements, <br />legal description of the property, and other information deemed appropriate to the <br />acquisition. Furthermore, cost sharing will be only for the properties, or portions thereof, <br />approved by PARTIES to be needed for the drainage and flood control portions of <br />PROJECT. Request for such approval shall include appraisals of property, legal description <br />of the property, and other information deemed appropriate to the acquisition by PARTIES to <br />this Agreement. CITY shall purchase the right-of-way only after receiving prior approval of <br />DISTRICT, and such purchases shall be made with PROJECT funds. <br />B. Payment for Right -of -Way Acquisition. Following purchase or receipt of executed <br />memorandum of agreement between CITY and property owner for the needed right-of-way <br />that commits the property owner to sell property to CITY at a price certain and on a date <br />certain, CITY shall so advise DISTRICT and request payment as provided above. <br />DISTRICT shall make payment within 30 days of receipt of request accompanied by the <br />information set forth above. <br />C. Ownership of Property and Limitation of Use. CITY shall own the property either in fee or <br />non -revocable easement and shall be responsible for same. It is specifically understood that <br />the right-of-way is being used for drainage and flood control purposes. The properties upon <br />which PROJECT is constructed shall not be used for any purpose that will diminish or <br />preclude its use for drainage and flood control purposes. CITY may not dispose of or <br />change the use of the properties without approval of DISTRICT. If, in the future, CITY <br />Agreement No. 20-02.26 4 <br />
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