Laserfiche WebLink
d) information demonstrating that an engineered feature or structure is no longer <br /> necessary; <br /> e) information demonstrating that the proposed modification would not adversely <br /> impact the remedy and is protective of human health and the environment; and <br /> f) other appropriate supporting information. <br /> 3) Conveyances. OWNER shall notify the Department at least fifteen (15) days in <br /> advance of the closing on any proposed sale or other conveyance of any interest in any or all of <br /> the Site. Within thirty(30) days after any such conveyance, OWNER shall provide the <br /> Department with the name, mailing address and telephone number of the new OWNER. <br /> 4) Notice to Lessees. OWNER agrees to incorporate either in full or by reference <br /> the restrictions of this Restrictive Notice in any leases, licenses, or other instruments granting a <br /> right to use the Site. <br /> 5) Notification for proposed construction and land use. OWNER shall notify the <br /> Department simultaneously when submitting any application to a local government for a building <br /> permit or change in land use. <br /> 6) Inspections. The Department, including its authorized employees, agents, <br /> representatives and independent contractors, shall have the right of entry to the Site at reasonable <br /> times with prior notice for the purpose of determining compliance with the terms of this <br /> Restrictive Notice. <br /> 7) Third Party Beneficiary. The OWNER of the Site and Caldera are third party <br /> beneficiaries with the right to enforce the provisions of this Restrictive Notice as provided in § <br /> 25-15-322, C.R.S. <br /> 8) No Liability. The Department does not acquire any liability under State law by <br /> virtue of accepting this Restrictive Notice,nor does any other named beneficiary of this <br /> Restrictive Notice acquire any liability under State law by virtue of being such a beneficiary. <br /> 9) Enforcement. The Department may enforce the terms of this Restrictive Notice <br /> pursuant to § 25-15-322, C.R.S, and any other named beneficiaries of the Restrictive Notice may <br /> file suit in district court to enjoin actual or threatened violations of this Restrictive Notice. <br /> 10) Owner's Compliance Certification. OWNER shall execute and return a <br /> certification form provided by the Department, on an annual basis, detailing OWNER's <br /> compliance, and any lack of compliance, with the terms of this Restrictive Notice. <br /> 11) Severability. If any part of this Restrictive Notice shall be decreed to be invalid <br /> by any court of competent jurisdiction, all of the other provisions hereof shall not be affected <br /> thereby and shall remain in full force and effect. <br /> 12) Notices. Any document or communication required under this Restrictive Notice <br /> shall be sent or directed to: <br /> 3 <br />