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

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Reception #: 1113724 Record Date: 06/27/2016 03:09 PSI Page: 10 of 18 Rec Fee: $96.00 Doc Fee: $0.00 Tiffany Lee Parker, La Plata County Clerk mld ol"t ransportaton. In sucii event. on or about Uecember 1 of each year the County shall give wr'.tten notice to (if' C of the revised Maimenance I:ee tirr the ensuing }car. The County's failure to give (i('(' %Niiaer. notice of the percentage inucase on December 1 shall not be construed as a waiver ofthe right to such increase. Rather, the increase shall take effect on the firs! day of* the month following the exp,ration o: sixth (60) days from the date of the Cowity s written notification to Ci('(' - 5. -2 i('C. i._ l.se of Maintenance I•ee 'I lie County agrees to use the Maintenance Fee only on Maintenance Costs that are directly and reasonably related to the mitigation of' impacts r;:Iated to t't: Mine Project on CR 120. AR11 A,E SIX DEFAI LT 6.1 Dcfauk: A default by GCC i'nall exist :f (a) GCC fails to construct the Road Improvement, in substantial compliance with the plans and opecitications and the other requirements ol'ihk Agreement: (b) GCC fails to construct the Road improvements in a good t.nd workmanlike manner, substantially frLe from defects in materials and workmanship (c) GCC fails to complete construction of the Road lutprovemews by the agreed upon completion date: (d) GCC' furls to cure any noncompliance specified in any written notice ol' noncompliance xN ithin thirty (,0) dais after receipt of the notice ofnoncompliance; (e) GCC othcitivisc breaches or fa:ls to comply x\rth any obligation ofG('(' under this Agreement: or (1) GCC becomes inwivent. files a yo!untar-, p,�titior. in bankrupts}, is adjudicated and bankrupt pursuant to an involuntary petition in bankrupts\, or a receiver is appointed fi r OCC. 6.2 Remedies of the C'oun.y: In the event of anv threatened or actual breach or x ioIxion of or any default tinder this Apreement. in addition to all other remedies available, the County shall be entitled to injunctive relief retraining the breach. violation or default or thrca:ened breach, violation or default, together with such other legal or equitable re!ief which may othcr,vise be available, including specific per:Ormance In the event the County seeks Eljunctiyc relief' (KV herch,. stipulates that due to the nature of the !Hine Projecl. 6('(7s failure to perform a, required h} this Apreemcnt and tae conditions of approval adopted by t•ic County ;a) will create daneer of)eal, immediate and irreparable injure. (b) that there is no plain. speedy and adequate remedy at lain. (c) that granting a preliminary injunction will not cis,er,c tl:c public interest, (d) that tie balance of cquities favors :he injunction and (e) the injunction vyill prescryc the status quo by reducing activities to trucks hauling coal from King 11 Coal Mine pending a Li-ia: on the merit; as set firth in Rathke :,. Afacharlone, 6481'.2d 6.18 (('o!o. 1982) t,T(V oxpressiv consents to anti submits to the jurisdiction a* the District Cour, for the Sixth Judicial I)iqrict of Colo -ado (and to appropriate appcaate COLI11S of' the State of Colorado). n any suit. action, dispaie or proccedino seeking to enforce any provision of'. or based or, arising out o "or relating to this Agreement or the transactons contemplated liercbv- and agrees that all claims ir, suchaction or proceeding may he heard and determined in such court I f ally action is necessar% to enforce the County's rights hereunder, the County shall be entitled to :ecuycr Al Witsortahlc costs cif siicti actem or I ligation, including but not limited to