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25. Tssuapee of Building Permits. For purposes of this Agreement, "Building permit" shall mean any <br />permit to begin work to construct a building on the Property, including permits Cor footings andI <br />foundations. Applicant acknowledges that the residential use, approved with this Special Review, is <br />subject to tha setbacks in place for the O-Open Zone District at the time of Building Permit. Applicant <br />must provide a Site Plan for review and approval by the Planning Department, for the construction of <br />the residential use and support structural in the 4.39-acre area designated for the residential use. <br />Support stmctures include those related to the residential use, and stmetures related to the storage of <br />equipment directly related to the operation of the mine. ; <br />2ti. Fees. Applicant shall pay all applicable, legislatively formulated, and duty adopted fees which are in <br />effect and required to be paid at rho time of building permit issuance provided such fees are imposed on <br />abroad class ofproperty owners as noted here; <br />A. The Applicant has paid the County and Regional Transportation Capital Expansion Fu calculated. <br />by the Cotmty Engineer, for the impact based on a querzy limit of 25,000 tons. ' <br />B. if the operator increases the amount of material removed at the site above 24.000 tons annnafiv. the <br />aereement). <br />27. Moiotenance of Improvements, Common Areas, end Ruidual Land. Applicant is responsible Cor <br />the maintenance of the plant materials used for the landscape screen, and must provide replacement <br />plane as necessary to maintain the integrity of the approved design: No improvements, common areas <br />or residual lands exist for this Special Review approval. ` <br />28 Declaration of Covenants. There arc no covenants. <br />29. LiabiGty/Iademoity. County's review and approval of any plans, reports, or drawings or County's <br />inspection and approval of any improvements wnstructed by Applicant under this Agreement does not <br />constitute a representation, warraaty, or guarantee by County that such improvements era Cree from <br />detects or wiU operate adequately for rho purpose intended. Curzenl and successor owners of the <br />Property assume responaibilily for operating the mine wnsislent with the requirements of dtis <br />agreement, the conditions of approval and alt representations, plans and submittals in rile #01-21396. <br />Applicant agrees to indemnify and hold County, its officers, employees and assigns herrttless from and <br />against all claims, costs and liabilities of every kind and nature, for injury or damage received or <br />sustained by any person or entity in correction with, or on account of the perfomtance, condition or <br />quality of work in connection with the use of the Property pursuant to this Agreement. <br />Applicant further agrees to aid and defend County in the event County is named as a defendant in an <br />action concerning the performance, wnditlon or quality of work pursuant to this Agreement, except <br />where such Suit is brought by Applicant against Cotmty. Applicant acknowledges it is not an agent or <br />employee of County, <br />Nothing in this Agreement shall be construed as a waiver, either express or implied, of the immunities, <br />rights, benefits, and protections afforded County under the Colorado Governmental Immunity Act <br />Russell Gnvel Pil Special Review. Dev. Ag. I1.CPP-137, ON2t/01) <br />9T'd Tb9E 699 OL6 JJ@qg '~ ydlopuea dSStbD bD 9T TIC <br />