Laserfiche WebLink
3. Platte also agrees lllal in the event Platte's activities on the properly, including but <br />not limited to mining of the properly or de-watering, cause damage to Western's <br />dilc;h, Platte will pay the cost of any repairs to the ditch, <br />~. Plalfe agrees Thal there will be no mining within 160 feel of the center line of the <br />Western Mutual Ditch. To prevent damage to the Western Ditch and ditch road, <br />f IaUe shall not allow any aquiprnenl to go upon the Western Ditch road or <br />easement without advance approval from Western. <br />5. Platte desires to cross the Western Mutual Ditch in Three locations. Western <br />agrees to such crossings, subject to the leans and conditions of Western's standard <br />crossing agreement, and provided that Western personnel shall have perpetual <br />access across such bridges wl\en installed. In lieu of the norrnalditch-crossing fee, <br />engineering fees, and legal (ees imposed by Western in its standard crossing <br />agreement, PIaUe agrees to grant Western easements for access to and <br />maintenance of the Western Mutual Ditch, the t3rownwood Spillway, and the <br />Scoltdale Ranch Diversion Ditch. Plane agrees to execute the Easement <br />Agreement aUached hereto as Exhibit "B" immediately upon the execution of this <br />Agreement, and to execute Crossing agreements for the agreed upon 3 crossings <br />in the form of the sample agreement attached hereto as Exhibit "C." <br />6. Weslem agrees that upon the execution of this Ayreernenl, it shall have no further <br />objection to the permit application, USR 13016 and it shah withdraw its party status <br />in Case No. M-2000-158. Western reserves ttie right to appear as a party in any <br />proposed revision to the 112 permit, and to make such arguments as are necessary <br />to protect the interests of the shareholders, notwithstanding any of the provisions <br />o(Ihis agreement. <br />7. f his docurnenl represents the complete Agreement of the parties hereto and no oral <br />modification shall be recognized. Any amendments or additions shall be made in <br />writing and signed by the parties. If a dispute arises between the parties to the <br />Agreement, the prevailing party shall be awarded attorney's fees in addition to any <br />other award or judgment. <br />B. This Agreement is binding upon the successors, assigns and legally appoinlecJ <br />representatives of the parties. <br />F.N(IM\WFS iFRN.MUI\Plalfe SandWgreemenl O1O626.wpd 3 <br />