FIELD DOCUMENTS - Laserfiche WebLink

Home Browse Search

or replace such Project in the manner prescribed by RD whenever RD shall reasonably determine in good faith that such repair or replacement is required in the interest of RD. Any such repair or replacement ordered by RD, which shall not have been performed by Permittee within ten(10) days after written notice has been given by RD, may be performed by RD, at Permittee's expense and Permittee shall promptly reimburse RD therefore. 6. RD reserves the right of access to the portion of its levee and right of way for such maintenance,repairs or alterations of RD facilities or of the facilities described above as may be required for reclamation purposes. RD shall not be responsible for any damage done to surface improvements of Permittee whether herein permitted or otherwise where necessary as part of the ordinary and necessary access to or exercise of its levee and right of way for reclamation purposes and need not replace any improvement required to be removed in the process of such maintenance,repair or alteration.Permittee shall reimburse RD for any reasonable increased cost of such access occasioned by the improvements of Permittee described herein. 7. Permittee may make no alteration or improvement of any portion of RD's levee and right of way not specifically herein permitted without the further permission of RD. 8. This Permit is revocable in whole or in part by RD on ten(10)days written notice to Permittee when such revocation is determined by Board of Directors to be necessary for RD purposes. 9. Upon the failure of Permittee to conform to any of the covenants and conditions herein specified,this Permit shall, at the option of RD, cease and terminate and RD may remove the encroachment or improvement above described together with any appurtenances thereto located within the levee and right of way of RD and Permittee shall promptly pay to RD all costs and expenses incurred in such removal. 10. The grant of this Permit shall not be deemed to include the right to use or pass over property not belonging to or under the control of RD,it being specifically understood and agreed that the Permittee shall obtain the approval of all necessary other landowners before using or entering and/or passing over private property. 11. The Permittee shall be responsible for removing all trash and debris that collects within and about the area the subject of this Permit. 12. With the execution and delivery of this Permit by Permittee to the District,the Permittee submits to the District its check in the amount of$1,000.00,receipt of which is hereby acknowledged by the District,as a security deposit for the faithful performance of Permittee's obligation to reimburse the District for the District's reasonable out-of-pocket legal and engineering costs incurred in reviewing, preparing and processing this Permit and inspecting all work within the scope of this Permit.When the Permittee has completed the construction and installation of the Project in accordance with this Permit and has provided the District with all required drawings and documentation,and the District's legal counsel and engineer have approved the same,and there is no remaining unpaid obligations due from the Permittee to the District, then and at that time the District will return the security deposit to the Permittee. This security deposit is not intended to limit,in any way,the Permittee's financial obligation to the District or to replace the Permittee's obligation to reimburse the District for its reasonable out-of-pocket costs and expenses hereunder. The Permittee's obligation to reimburse the District for its reasonable out-of-pocket costs and expenses in accordance with this Permit shall continue beyond the completion of the construction of Project.All of the District's costs and expenses associated with the reconstruction,repair,operation and/or maintenance 2 of4