2004-07-23_REVISION - M1994096 (2)

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25. Issnavice of Building PuWts. For purpos<softhis Agreement. "Building Permit"shall men any permit to begin work to construct a building on th<Propetty, including pemtils for footings and foundations. Applicant acknowledge thn the residential use, approved with this Special Review, is subject to the setbacks in plaza Cor tht O-DPan Zone District at the time afBuilding Pemtit. Applicam must Drovide a Site Plan [or review and approval by the Planing Department, for the mnstrvction of the lesidert[ial use and suppmi sweturos in the 4.39-acre area denigrated For the residential use. Support struemru include those related to the residential use, and strveturcs reined to the smrage of equipmm[ diratly related to the operation of the mine. 26. Feu. Applicant shall pay all applicable, legislatively formulated. and duly adopted fees which are in effect and required to be paid at the time ofbuilding pemdt issuance provided such ke are imposed on abroad class ofproperty owners u noted here; A. The Applicant has paid the County and Regional Transportation Capital Expansion Fa calculated by the Conty Engine«, Car the impace based on a quarry limit of25,000 tons. E. Ifth emto ' th o nt f t 1 ed tth 'k bo 240001 II 16 t h 11 to tth Cu tvE D ar[m [ dp 'd f the t fth MAe~ Cn„nty Aoi nl T ~=Donation Exomsion Fa (See Item M4 Condition "D" in this 27. Maintenance of Improvements, Common Areas, and Ruldoal Land. Applicant is responsible for the maintenance of the plant materials used for the landscape screen, and nun provide rcplazemmt plants a n«essary to maintain the integrity ofthe approved deign: No improvements, common areas or residual Inds exist for this Sp«ial Review approval. 28. Declaration afCovenanb. Thera arc na wvenenrs. 39. Liabitlty/lodemoiry. County's review end approval of any plans, reports, or drawings or Couaty's insper4ion and approval oCmy improvemems conswclN by Applicant urMtt this Agreemm[ does not wnsdtme a repreentation, warranty, or guarantee by County that ouch improvements arc flea firm deC«ts or will ape[ate adequnely for the puryose intended. Carrara arM srr«essor owmera ofthe Property assume responsibility for operating the mine wnsistent with the requirements of this agreemml, the mnditians ofappraval and all reprumtadons, plans and submittals m file p07-21396. Applicant agrees fo indemnify end hold Conty, its ot5cers, employees and assigns harmless Uom and against all claims, costs and liabititiu of every kind and nature, for injury or damage received or 5tutained by any person or entity in wn«tion with, ar on account otthe pttformance, condition or quality of work in ran«Gon with the use of the Property pursuant to Nis Agreement. Applicant fudher agrees to aid and defend Cowry in the event County is named as a defendant in an action mnceming the puConarrce, condition or quality oCwork pursuant m this Agreement, except where such suit is brought by Applicant againn Conty. Applicant acknowledge it is not an agent or employee of Conty. Nothing in this Ageemmt shall be wnswed as a waive, either express or implied, of the immunitie, rights, benefits, and prot«tions afforded County nda the Colorado Caovemmenlal Immnity Acl Rwdl Gruel Pi, Spedal Review. Dev. aa. (LCPP~Ir],a)Rlrol) Page 24