Ditch Crossing definition
Examples of Ditch Crossing in a sentence
The Ditch Company hereby grants to the Developer a temporary license agreement (the “License Agreement”) for the purpose of accessing Ditch Company Property for installation, construction, reconstruction, repair, and improvement of the Ditch Crossing in substantially the location depicted in the plans attached hereto as Exhibit A (the “Plans”), but subject to the terms of this Agreement.
Construction of the Ditch Crossing shall not interfere with the Ditch Company Rights including, without limitation, the operation, maintenance, and repair of the SBCC Pipeline and Ditch, and the delivery of water, as further described in Section 6.
Any material work involving the Ditch Crossing by the Town shall require written notice to and approval from the Ditch Company.
With the exception of the structures that constitute the Ditch Crossing, the following is expressly prohibited within the Ditch Company Property or Easement: structures of any kind, any deep- rooted trees, and the planting, construction, or placement of any other materials of any kind that could potentially interfere with the Ditch Company Rights, without prior written authorization by the Ditch Company.
The Town shall at its sole cost reasonably maintain, repair, and replace the Ditch Crossing as needed to protect the Ditch Company Rights and do so in a way that does not adversely impact the Ditch Company Rights.
The Ditch Company may notify the Town in writing if the Ditch Crossing requires work to protect the Ditch Company Rights, in which case the Town shall commence such work in an expedient manner and will reimburse the Ditch Company for any costs incurred in monitoring said work pursuant to the invoicing and payment procedures in Section 8, below.
Construction of the Ditch Crossing shall be at the sole cost of the Developer and at no cost to the Ditch Company.
At such time that the Ditch Company is satisfied with the Construction, the Ditch Company shall deliver to the Developer and the Town final written acceptance of the Ditch Crossing (“Final Acceptance”).
Upon completion of Construction of the Ditch Crossing, the Developer shall provide the Ditch Company with notice of substantial completion of Construction (the “Completion Notice”).
Upon the completion of any work by the Ditch Company or the Town that impacts the Ditch Crossing, it will be the Town’s obligation to maintain, repair, or replace the Ditch Crossing at its sole cost.