2002-10-25_REVISION - M1986015 (5)

Home Browse Search

contract between Valco and Jack and Detta Helmsing and this Agreement. The parties agree that venue for any proceeding shall be the District Court in and for Pueblo County, Colorado. The prevailing party in any litigation shall be awarded their reasonable costs and attorneys' fees. In the event that Transit Mix or V alco fail to comply with the terms of this Agreement, Mrs. Helmsing shall be paid by Transit Mix or Valco, jointly and severally, compensation in the amount of $300.00 per day that Mrs. Helmsing does not receive water pursuant to this Agreement. 4. Withdrawal of Protest. In consideration for this Agreement and in acknowledgment that covenants herein are a full and complete resolution of the issues involved with Mrs. Helmsing's protest in Case No. 02-SE-03, Transit Mix shall pay to Mrs. Helmsing an amount equal to $5,000.00. Upon receipt of this payment from Transit Mix, Mrs. Helmsing shall withdraw her protest and sign a 600 foot spacing waiver. 5. Notice. Whenever any notice, demand, or request is required or provided for under this Agreement, such notice, demand, or request shall be provided in writing or by facsimile to the following addresses or such other addresses as may be designated by a party by notice. Notice shall be deemed received when personally delivered, or when transmitted by facsimile, or three (3) days after having been deposited in a U. S. Postal Service depository to be sent by registered or certified mail, return receipt requested, with all required postage prepaid, or one (1) business day after having been sent by overnight courier: To Mrs. Helmsing: Detta Helmsing 2580 E. State Highway 96 Pueblo, Colorado BIOOI Copy to: Gregg Helmsing, Esq. 842 Palmer Street P.O. Box 75 Delta, Colorado 81416 To Transit Mix: Gerald Hermans 444 E Cosrilla P.O. Box 1030 Colorado Springs, Colorado 80903 To Valco: Thomas Brubaker 200 S. 17`s Street P.O. Box 550 Rocky Ford, Colorado 81067 4