Laserfiche WebLink
such Significant Damage and shall concurrently notify County of the extent, type, timing, <br /> materials,and quality of repair(i.e.,temporary versus permanent). <br /> 2.2 Immediate Repair. In County's sole discretion, County may undertake the repairs and/or <br /> improvements.Property Owner's payment for the road repairs/improvements will be calculated as <br /> described in this Agreement. <br /> 3.0 Pre-Construction Survey. Property Owner and County shall jointly inspect the Approved Haul Route <br /> Road pursuant to Exhibit B. <br /> 4.0 Post-Construction. Upon completion of use of the Approved Haul Route Road,Property Owner shall <br /> return the Approved Haul Route Road to pre-construction conditions pursuant to Exhibit B.County shall have <br /> the final sign off on the completion of use of the Approved Haul Route Road. <br /> 5.0 Road Maintenance Responsibilities: <br /> 5.1 Property Owner shall pay costs of dust control/abatement,paving,repairs, or maintenance of any <br /> particular Haul Route Road. If deemed appropriate, Property Owner's Proportionate Share shall <br /> be based upon the percentage of traffic on the road that is attributable to Property Owner's facility. <br /> County personnel will determine the percentage based on then current Equivalent Single Axle <br /> Load(ESAL)Counts.Property Owner shall not be responsible for traffic that is not sourced from <br /> the Property Owner's facility. <br /> Part II: GENERAL PROVISIONS <br /> A. General Requirements: <br /> 1.0 Permits.Property Owner is required to apply for and receive all permits required by the County or any <br /> other applicable local, State,or federal permit, including but not limited to: <br /> 1.1 Access Permits. Property Owner shall not use any access onto any County Road unless and until <br /> an access permit has been issued by the Department of Planning Services. Planning Services may <br /> condition the issuance of an updated access permit on the amendment of this Agreement if the <br /> updated access permit authorizes the use of an additional access point, or if there is a change in <br /> use of the current access point,as permitted by Article XIV of Chapter 8 of the Weld County Code. <br /> 1.2 Right-of-Way(ROW)Permits.Per Article XIII of Chapter 8 of the Weld County Code,any work <br /> occurring within County ROW requires a ROW permit issued by the Department of Public Works. <br /> No work shall occur without said ROW permit. <br /> 1.3 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County <br /> Transport Permit is required for Extra-legal vehicles using Weld County roadways to ensure the <br /> operation and movement of Extra-legal Vehicles and Loads occurs in a safe and efficient manner. <br /> 2.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all <br /> liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and <br /> description caused by, arising from, or on account of said design and construction of the site specific Use <br /> associated with TAP22-0019,TAP22-0020,and TAP22-0021,and pay any and all judgments rendered against <br /> the County on account of any such suit, action or claim, together with all reasonable expenses and attorney <br /> fees incurred by County in defending such suit,action or claim whether the liability, loss or damage is caused <br /> by,or arises out of the negligence of the County or its officers,agents,employees,or otherwise except for the <br /> liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its <br /> employees while acting within the scope of their employment. <br /> David&Kayleen Hunt c/o J-2 Contracting Co.—TAP22-0019,TAP22-0020,TAP22-0021—RMCA22-0022 <br /> Page 3 of 7 <br />