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PITCH CROSSING AGREEMENT <br />THIS AGREEMENT, is made this 21st day of November , 1994, <br />between Southdown, inc., a Louisiana corporation, (hereinafter <br />termed "Southdown"), and The Palmerton Consolidated Ditch Company, <br />a Colorado corporation, (hereinafter termed "the Ditch Company"). <br />W I T N E S S E T H <br />Southdown wishes to construct a box culvert across the <br />Palmerton Ditch ("Ditch"). The crossing will be located in the NE <br />1/4 of the NW1/4, Section 21, Township 3 North, Range 70 West, of <br />the 6th P.M. <br />NOW THEREFORE, it is mutually agreed as follows: ' <br />1. BOX CULVERT AND BRIDGE EASEMENT. The Ditch Company <br />consents to Southdown's installation, operation, and maintenance of <br />the box culvert and bridge within the Ditch and adjacent twenty <br />(20) feet. <br />2. DEBRIS AND POLLUTION. Southdown shall prevent any <br />pollutants, including but not limited to, trash, debris, and <br />construction material, from entering the Ditch and Ditch Easement <br />from the construction, operation, and maintenance of the box <br />culvert and bridge. <br />3. PLANS AND SPECIFICATIONS. Southdown shall be <br />responsible for construction of said box culvert and bridge and the <br />operation and maintenance thereof in a good, safe, and workmanlike <br />manner, according to plans and specifications approved and <br />initialed by the Ditch Company's engineers. Southdown agrees to <br />pay the Ditch Company $1,000.00 for crossing fees, and further to <br />reimburse the Ditch Company for its reasonable attorneys' and <br />engineering fees for preparation of this Agreement and review of <br />the plans and specifications, upon execution thereof. <br />4. LIABILITY. Southdown will construct, operate, and <br />maintain this box culvert and bridge in a manner which will not <br />interfere with irrigation water and flow in the Ditch. Southdown <br />shall indemnify and hold the Ditch Company harmless from any loss <br />or damage, to persons or property, arising out of the negligent <br />construction, operation, maintenance, and usage of the box culvert <br />and bridge, including attorneys' and engineering fees and costs, <br />except to the extent of the Ditch Company's own negligence or that <br />of its employees and agents. Southdown will be liable for any and <br />all loss or damage to the Ditch Company or its shareholders caused <br />by or related to the negligent planning, construction, operation, <br />maintenance and use of said box culvert and bridge, except to the <br />extent of the Company's own negligence or that of its employees and <br />agents. By virtue of entering into this Agreement, the Ditch <br />Company assumes no liability or responsibility for the <br />eY <br />