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ENFORCE35499
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ENFORCE35499
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Entry Properties
Last modified
8/24/2016 7:45:05 PM
Creation date
11/21/2007 2:39:14 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1987049
IBM Index Class Name
Enforcement
Doc Date
4/8/2005
Doc Name
Board Order
From
MLRB
To
Ready Mixed Concrete Company
Media Type
D
Archive
No
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6. RMCC and he CITY shall coonerate and exercise ~eood fait'.: in ~onduc;in~ the <br />:,onsuuations required by this Agreement, and they shall exercise good faith in dertving, evaluaung, and <br />accenune env cost calculations that may be reouired as a condition of this Agreement. <br />GENERAL PROVISIONS <br />7. This Agreement shall be recorded by RMCC in the Office of the Clerk and Recorder, <br />Adams County, Colorado. It shall nxn with the land and be binding upon and inure to the benefit of the <br />parties, successors and assigns of the parties hereto. <br />8. Nothing contained in this Agreement shall constitute or be interpreted as repealing any <br />existing code or ordinance, or as a waiver or abdication of the CITY's legislative, governmental or police <br />powers to promote and protect the health, safety or general welfare of the municipality or its citizens, <br />inciuding but not limited to the benefits and protections available to the City pursuant to the Colorado <br />Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq. <br />9. The parties agree that if any part, term or provision of this Agreement is held by a court <br />of competent jurisdiction to be illegal, invalid or in conflict with any law of the State of Colorado, the <br />validity of the remaining portions of the Agreement shall not be so affected, and the rights and obligations <br />of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term <br />or provision determined to be invalid. <br />10. This Agreement embodies the whole agreement of the parties as it pertains to the MLRB <br />Petrrtit, the Technical Revision thereof, the reclamation and augmentation of Cell # 1, the design and <br />construction of certain related flood control structures required in or associated with Cell #1, and the <br />consultation and planning related to flood control structures generally on the Bromley Lakes Property <br />(Cell # 1, # Z and # 3). There are no promises, terms, conditions or obligations other than those contained <br />herein, and this Agreement shall supercede any previous communications, representations, or agreements, <br />either verbal or written, between the parties that relate to the specific subject of this Agreement. Except <br />as otherwise specifically addressed by this Agreement, the parties acknowledge and agree that nothing <br />contained in this Agreement is intended to supercede or modify any agreements the CITY and RMCC <br />have previously made with respect to the development of water storage facilities on the Bromley Lakes <br />Property. <br />11. The terms and provisions of this Agreement may be not be amended or modified except <br />by written instrument duly executed by the Parties with the same formality as this Agreement. This <br />Agreement may be supplemented by the Parties, to the extent that the good faith consultations required <br />hereunder result in or otherwise yield additional promises or agreements that are memorialized in wriien <br />minutes or memoranda of such consultations, and signed by the Parties. <br />IZ. Within six (6) months of the effective date of this Agreement, the CITY and RMCC shall <br />enter discussions to determine the utility of amending the Reclamation Plan and the MLRB Permit to <br />allow apost-mining land use of Lined water storage in CeII # Z and Cell # 3 and, if a decision to amend the <br />MLRB Permit is reached. the narties will allocate etween themselves their resnective resnonsihilities for <br />kin<~ such an amendment. <br />._--- <br />
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