2015-04-06_ENFORCEMENT - M1987049

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upland areas in Cell # 1 in conformance with the MLRB permit, including a designation of the kinds and amounts of seeding, grasses, plant material and trees that would have been used, and to provide the CITY a copy of the written cost calculation. The CITY will have twenty (20) calendar days thereafter to review the cost calculation provided by RMCC. Upon the CITY's acceptance of the cost calculation, which acceptance shall not be unreasonably withheld, RMCC shall issue and deliver payment to the CITY in full, at which time RMCC's obligation to revegetate the upland area around Cell # 1 will cease. a. The MLRB Permit acreage reduction contemplated in this Agreement, and RMCC's agreement to calculate and remit to the CITY funds in the amount equal to what RMCC would otherwise be required to expend on revegetation in Cell # 1 under the MLRB Permit serves as an agreement between the CITY and RMCC to ensure that revegetation of the mine site under the terms of the Brighton Parks Department Master Plan will commence prior to the completion of mining on the Bromley Lakes Property. 6. RMCC and the CITY shall cooperate and exercise good faith in conducting the consultations required by this Agreement, and they shall exercise good faith in deriving, evaluating, and accepting any cost calculations that may be required as a condition of this Agreement. GENERAL PROVISIONS 7. This Agreement shall be recorded by RMCC in the Office of the Clerk and Recorder, Adams County, Colorado. It shall run with the land and be bin_ ding upon and inure to the benefit of the parties, successors and assigns of the parties hereto. 8. Nothing contained in this Agreement shall constitute or be interpreted as repealing any existing code or ordinance, or as a waiver or abdication of the CITY's legislative, governmental or police powers to promote and protect the health, safety or general welfare of the municipality or its citizens, including but not limited to the benefits and protections available to the City pursuant to the Colorado Governmental Immunity Act, C.R.S. §§ 24 -10 -101, et seq. 9. The parties agree that if any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or in conflict with any law of the State of Colorado, the h validity of the remaining portions of the Agreement shall not be so affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision determined to be invalid. 10. This Agreement embodies the whole agreement of the parties as it pertains to the MLRB Permit, the Technical Revision thereof, the reclamation and augmentation of Cell # 1, the design and construction of certain related flood control structures required in or associated with Cell #1, and the consultation and planning related to flood control structures generally on the Bromley Lakes Property (Cell # 1, # 2 and # 3). There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supercede any previous communications, representations, or agreements, either verbal or written, between the parties that relate to the specific subject of this Agreement. Except as otherwise specifically addressed by this Agreement, the parties acknowledge and agree that nothing contained in this Agreement is intended to supercede or modify any agreements the CITY and RMCC have previously made with respect to the development of water storage facilities on the Bromley Lakes Property. 11. The terms and provisions of this Agreement may not be amended or modified except by written instrument duly executed by the Parties with the same formality as this Agreement. This Agreement may be supplemented by the Parties, to the extent that the good faith consultations required 4 5