2017-11-01_PERMIT FILE - C1981035 (29)

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Reception #: 1113724 Record Date: 06/27/2016 03:09 PSI Page: 9 of 18 Rec Fee: $96.00 Doc Fee: $0.00 Tiffany Lee Parker, La Plata County Clerk mld 4 2 }mnwnit� WV ickno\\icd-cs that the County shall retain statutory itnnnulit) frons suit v\itIt respect to the condition of Count) Roads and that said immunit\ vias designed fur the protection of the tax pa).rs against clairrts and din uses. GC(' further ackr.u\\Icdf;es that sucl: inununit) docs not apply tet (i('('. GCC a�,rees to obtain and rrr,:intain. 11:111 the date of Final .Acceptanec•" ocnend Iiabil►ty instrrancC, naming the Count} as an additional inst;red. ;n the arnount of 1 hrce I hundred -Elft) "I housand Dollars (5350.000.00) per person and \ire } iundred I bousand \inet) Dollars M90"000 00) in ak rrerate I he po!icti sha.l provide that the Count), shall be notified at least thin (30) da) s in advance ofanv reductio r n co\eraL c. Irrrrnxtiun or cancellation t►1 the nrlic) 1�uc•h notice shall he sent by certified snail to the County }:n tinee;, witi r ict:cipt reyuvstcd. (i('C a-recs that any contractors engaged by or for (i(•(• to construct the Road Improvements shall maintain (Ococ:al hahifit\ co\ erase in not !ess -hut thou amounts described 1(rein. (i('(' shall provide proof of i► sumocc in full (line and clfix.t to the ('oust) on all inwml basis and initially upon ex.;cution of this ��p�ernent }�ailt.u•e ur pn►\i,lc prooft�lin,uranec ~hall constitute a default of, the terms ol" this Agreement, (i(.(' ,hall require thet all contractor~ engaged Ill the consiruclion of the }toad Improwinonts mainlwn \y,)rker's Compensation insurance as required b) applicable la\\ Alt"TI('LE F'IVF m.mN"('E\AN('E FEE 5.1 Road Mainten utcc Fee. (i('(' shall pa\ an annual fee. the amount of which shall \ar\- as set forth herein. "l he Maintenance bee shall begin to be assessed upon execution of :his vreemrnt h\ the Count\ and GCC. which means that, firs the first year. the Maintenance Fre shall onl\ be assesud fir: the nttnahs Born the (late of execution lu Ale end of'the calendar )car. No ialcr than September 1 of each \car. GCC shall submit to -he ('our,h f ilgrnecr a st mraar) o:"the annual lonnace of coal removed from th,: Mine Project rix that )ear (with tonnage amrunts for September. October. No\cmber and Deccinber being esti►:tatcd amoun.$). The data ort tonnage shall be submitted in a turns similar to -he form submitted to :he ('olomdo Department of Reclamation and Mine Safety (the " CDRMS"*): ho\\ev;;r. it shall also include a calculation of' the Maintenance Foe owed. Pavmcnt Lithe Mamicnancc Fee Shall be submitted to the County no later than November 1 of' each )car (tile -Payment Date-). if f ill pa)-mcnt is not received h) the ('aunt) within thirty (30) days of the Pa) ment Datc. a 5`,iI monthly finance charge shall be applied to the outstandim, principal. If, at t}tc cad ofthc calendar )ear. the actual data on tonnage is less than G(V estimated in its m-ittcn sunurar) anti. as such. the 'Maintenance Fee paid by (.CC to the Counh- for such calendar )car v\as more than what is required b)- this A\ ,reentcnt. (;('(' shall he entitled to a credit against next pa),ment of the Maintenance Fee tOr the an -,num of such o\crpa) n:cn:; or if the actual data on tonna13e is more thar, GCC estimated in its \\rittcn suirrnar\ and OCC shall have paid an amount less than the Maintenance 1 ce required to he pard hereunder. then GCC shall immediately ray the amowit of such dificrence to the Count\ :iii interest a,;crued or earned on tite Maintenance Fee shall be the proncrty of the County to be utilised by the County to further miti,,ate til; impacts of the \]nuc Project or. UR 120 or to cure anv do fault of'(WU hereunder Umil Januar 1. 2018. the Maintenance Fee shall he $0.12 per ton of coal removed I'rom the Mine Projcct Fhcreattcr ,he Mainvenance Fee shall inerea,�e \,earl) in accordance with increases in the , Annual Construction Cost Indcx pt:blished by the Colorado Department