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RECEPTION#20190002599, 1/16/2019 11:59:20 AM,8 of 13, <br /> Angela Myers,Clerk&Recorder,Larimer County,CO <br /> Findings and Resolution <br /> Laporte Pit Special Review <br /> Page 8 <br /> 4. The applicant shall provide a Development Agreement for review and approval by <br /> the Board of County Commissioners no later than 90 days from the date of this Findings and <br /> Resolution of the Board of County Commissioners. <br /> 5. In the event the applicant fails to comply with any conditions of approval or <br /> otherwise fails to use the property consistent with the approved Special Review, applicant agrees <br /> that in addition to all other remedies available to County, County may withhold building permits, <br /> issue a written notice to applicant to appear and show cause why the Special Review approval <br /> should not be revoked, and/or bring a court action for enforcement of the terms of the Special <br /> Review. All remedies are cumulat;ve and the County's election to use one shall not preclude use of <br /> another. In the event County must retain legal counsel and/or pursue a court action to enforce the <br /> terms of this Special Review approval, applicant agrees to pay all expenses incurred by County <br /> including,but not limited to,reasonable attorney's fees. <br /> 6. County may conduct periodic inspections to the property and reviews of the status of <br /> the Special Review as appropriate to monitor and enforce the terms of the Special Review approval. <br /> 7. The Findings and Resolution shall be a servitude running with the Property. Those <br /> owners of the Property or any portion of the Property who obtain title subsequent to the date of <br /> recording of the Findings and Resolution,their heirs, successors, assigns or transferees,and persons <br /> holding under applicants shall comply with the terns and conditions of the Special Review <br /> approval. <br /> 8. The applicant shall pay the Transportation Capital Expansion Fees (TCEF) within <br /> 120 days of the recordation of this Findings and Resolution. <br /> 9. Mining operation hours shall be limited to the hours of 7:30 am - 5 pm Monday <br /> through Friday, with one hour for startup and shutdown. Concrete batching and hauling hours shall <br /> be limited to the hours of 5:00 am to 5 pm Monday through Friday, with one hour for shutdown. <br /> Concrete batching and hauling may occur additionally on Saturday from 8 am to noon. <br /> Maintenance and repair may occur from 8 am to 2 pm on Saturday. <br /> 10. The Applicant will solicit the approval of the Community Development Department <br /> when proposing to operate outside of normal approved hours. <br /> 11. All improvements shall be constructed and approved prior to any hauling from the <br /> site. <br /> 12. All mining shall be completed no later than 12 years from the first material hauled <br /> from the site. Applicant shall provide written notice of the date of the first material hauled from the <br />