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3.0 Liability for Damage to Road.Property Owner shall be financially responsible for any and all damage <br /> caused to any Weld County Road as a result of the design and construction of the site-specific Use associated <br /> with TAP22-0019, TAP22-0020, and TAP22-0021, without regard to the negligence, or lack thereof, of <br /> Property Owner or its agents. This provision shall survive Termination of this Agreement pursuant to section <br /> B.2.0,below,and shall be of no further force and effect ten years after mutual execution of this Agreement. <br /> B. Violations of Agreement and Remedies <br /> 1.0 Violation of Terms of Agreement.If in County's reasonable opinion,Property Owner has violated any <br /> of the terms of this Agreement,County shall so notify Property Owner and shall state with specificity the facts <br /> and circumstances which County believes constitute the violation. Property Owner shall have thirty(30)days <br /> within which to either cure the violation or demonstrate compliance.Thereafter,County may seek any remedy <br /> described in this Agreement or otherwise provided by law. <br /> 2.0 Termination of Agreement.This Agreement shall terminate upon the earliest of the following events: <br /> 2.1 Revocation of Access Permit. This Agreement shall terminate following County's revocation of <br /> Property Owner's Access Permit,except that the Property Owner shall only be released from this <br /> Agreement after the successful completion of all improvements required under this Agreement. <br /> 2.2 Completion of Construction. This Agreement shall terminate following Property Owner's <br /> completion of construction of the facilities authorized by the underlying Access Permit,including <br /> restoration as required by Exhibit B. Property Owner shall notify the County of completion. <br /> 3.0 Revocation of Access Permit. Property Owner acknowledges that failure to comply with the material <br /> terms of this Agreement constitutes cause to revoke the Access Permit, and County may exercise this option <br /> in its sole reasonable discretion by proceeding with revocation under the then current provisions of the Weld <br /> County Code. <br /> 4.0 Court action.Upon notice of violation and failure to cure within the time permitted by this Agreement, <br /> County may seek relief in law or equity by filing an action in the Weld District Court. <br /> C. Miscellaneous Provisions. <br /> 1.0 Successors and Assigns. <br /> 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, <br /> without the prior express written consent of County and the written agreement of the party to whom <br /> the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not <br /> be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall <br /> be accomplished by County's execution of a new Improvements Agreement with the successor owner <br /> of the property. <br /> 1.2 County's rights and obligations under this Agreement shall automatically be delegated, <br /> transferred, or assigned to any municipality which, by and through annexation proceedings, has <br /> assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. <br /> 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or <br /> unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without <br /> such provision,to the extent that this Agreement is then capable of execution within the original intent of the <br /> parties. <br /> David&Kayleen Hunt c/o J-2 Contracting Co.—TAP22-0019,TAP22-0020,TAP22-0021—RMCA22-0022 <br /> Page 4 of 7 <br />