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2012-11-14_INSPECTION - M2003091
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2012-11-14_INSPECTION - M2003091
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Last modified
8/24/2016 5:10:33 PM
Creation date
11/16/2012 1:54:23 PM
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Template:
DRMS Permit Index
Permit No
M2003091
IBM Index Class Name
INSPECTION
Doc Date
11/14/2012
Doc Name
FOLLOW-UP TO INSPECTION
From
MARTIN MARIETTA MATERIALS
To
DRMS
Inspection Date
10/6/2011
Email Name
PSH
Media Type
D
Archive
No
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David Little <br />Martin Marietta Materials West <br />8200 IH 10 West <br />Suite 600 <br />San Antonio, TX 78230 <br />(210) 208 -4235 (phone) <br />5.5. DITCH COMPANY CONTACT INFORMATION. In the case of an emergency, or for <br />any other reason MMM needs to contact the Ditch Company to fulfill its <br />obligations under this Agreement, the initial responsible person will be the <br />following: <br />Eric Englehard, President <br />(303) 772 -0250 (x105) <br />5.6. UNAUTHORIZED STRUCTURES PROHIBITED. MMM shall not, without the Ditch <br />Company's prior written approval place, or approve or authorize any third party <br />to place, any structures within the Ditch Maintenance Easement other than: (1) the <br />Permanent Ditch Relocation and appurtenant facilities shown in the approved <br />Plans; (2) structures required for MMM's maintenance, repair or replacement of <br />the Permanent Ditch Relocation during the Maintenance Period. <br />6. INSPECTION. <br />MMM shall notify the Ditch Company's Contact Person identified in paragraph 5.5, of <br />this Agreement, at least five (5) days prior to commencing the initial construction of the <br />Permanent Ditch Relocation. The Ditch Company is permitted to inspect the Permanent <br />Ditch Relocation or replacement of and repairs to the Permanent Ditch Relocation during <br />and after construction. <br />7. REIMBURSEMENT. <br />MMM shall reimburse the Ditch Company (or pay directly) for the following costs and <br />expenses: (1) all reasonable attorneys' fees incurred by the Ditch Company in preparing <br />and approving this Agreement and in reviewing any subsequent issues that may arise <br />relating to MMM's full compliance with MMM's obligations under this Agreement; (2) <br />all reasonable engineers' fees incurred by the Ditch Company reviewing the Plans and <br />inspecting and approving the Temporary Ditch and the Permanent Ditch Relocation; and <br />(3) all reasonable costs associated with billing and collecting these amounts for the Ditch <br />Company. Costs chargeable to MMM shall be paid within thirty (30) days of the date <br />that MMM receives an itemized bill for such costs. <br />8. LIABILITY AND INDEMNIFICATION. <br />8.1. No DITCH COMPANY LIABILITY. By virtue of entering into this Agreement, the <br />Ditch Company, assumes: (1) no liability for use, operation or existence of the <br />Temporary Ditch and the Permanent Ditch Relocation; (2) no liability for <br />MMM's construction of the Temporary Ditch and the Permanent Ditch <br />Relocation and maintenance activities as set forth in paragraphs 3 and 5 of this <br />6 <br />
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