PERMFILE111220 - Laserfiche WebLink

Home Browse Search

10. EASEMENT RIGHTS. The license granted to Licensee herein in no way restricts the Ditch Company's right to the historic use of its easement to construct, operate, or maintain all existing structures and facilities of the Ditch Company. 11. DITCH COMPANY USE OF ROAD. As part of its mining operation, Licensee expects to construct a private road from State Highway 66 across the Highland Ditch. The culvert or bridge licensed herein is part of the road. Licensee agrees to permit the Ditch Company to use the road to access the Highland Ditch for repair, maintenance and operation as long as the road exists and is not destroyed as part of the reclamation that Licensee is obligated to undertake, but in no event later than December 31, 2021. Prior to the Ditch Company's use of the road, the Ditch Company will give reasonable notice to Licensee via telephone. Licensee will agree to allow the Ditch Company to access the road at reasonable times during normal business hours and to the extent it does not interfere with Licensee's use of the road. The Ditch Company, for itself, its directors, officers, it agents, employees, contractors, invitees and assigns, hereby releases Licensee from any and all liability resulting from the Ditch Company's use of the road. 12. ASSIGNMENT. This Agreement shall not be assigned or delegated except with the prior written consent of the parties. 13. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if hand delivered at the following addresses or sent by certified or registered mail, postage and fees prepaid at the following addresses. Said notice shall be deemed to have been given when hand delivered or mailed. TO DITCH COMPANY: Highland Ditch Company Attention: President 4309 Highway 66 Longmont, Colorado 80504 LICENSEE: Southdown, Inc. Attention: Plant Manager P.O. Box 529 5134 Ute Highway Lyons, Colorado 80540 WITH COPY T0: Grant, Bernard, Lyons & Caddis, P.C. Jeffrey J. Kahn, Esq. P.O. Box 978 Longmont, Colorado 80502-0978 WITH COPY T0: Holme Roberts & Owen LLC Raymond L. Petros, Esq. 1700 Lincoln Street, Suite 4100 Denver, Colorado 80220 14. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. 15. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit or describe the scope or intent of this agreement.