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~II IIIII~II~II~~ II~
<br />DITCH CxOSSING AGREEMENT ~~ ~~
<br />THIS AGREEMENT, is made this ~ day of , 1994,
<br />between Southdown,.Inc., a Louisiana corporation, (hereinafter
<br />termed "Southdown"), and The Supply irrigating Ditch Company, a
<br />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, bridge, and
<br />pumping station across the Supply Ditch ("Ditch"). The crossing
<br />will be located in the W1/2 of the N1/2 of the NE1/4 of Section 21,
<br />Township 3 North, Range 70 West, of the 6th P.M.
<br />NOW THEREFORE, it is mutually agreed as follows:
<br />1. FACILITIES. The Ditch Company consents to Southdown's
<br />installation, operation, and maintenance of the box culvert,
<br />bridge, and adjacent pumping station within the Ditch and adjacent
<br />twenty (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, bridge, and pumping station..
<br />3. PLANS AND SPECIFICATIONS. Southdown shall be
<br />responsible for construction of said box culvert, bridge, and
<br />pumping station and the operation and maintenance thereof in a
<br />good, safe, and workmanlike manner, according to plans and
<br />specifications approved and initialed by the Ditch Company's
<br />engineers._'Southdown agrees to gay the pitch Company $1,000.00 for
<br />crossing fees, and further to reimburse the Ditch Company for its
<br />reasonable attorneys' and engineering fees for preparation of this
<br />Agreement and review of the plans and specifications, upon
<br />execution thereof.
<br />4. LIABILITY. Southdown will construct, operate, and
<br />maintain this box culvert, bridge, and pumping station in a manner
<br />which will not interfere with irrigation water and flow in the
<br />Ditch. Southdown shall indemnify and hold the Ditch Company
<br />harmless from any loss or damage, to persons or property, arising
<br />out of the negligent construction, operation, maintenance, and
<br />usage of the box culvert, bridge, and pumping station, including
<br />attorneys' and engineering fees and costs, except to the extent of
<br />the Ditch Company's own negligence or that of its employees and
<br />agents. Southdown will be liable for any and all loss or damage to
<br />the Ditch Company or its shareholders caused by or related to the
<br />negligent planning, construction, operation, maintenance and use of
<br />said box culvert, bridge, and pumping station, except to the extent
<br />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
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