2012-11-14_INSPECTION - M2003091

• 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

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