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09/18/00 17:01 ~970~4 2500 DELTA CNTY PLAN • ICJ 002 ~~G~~ 7788 09/13/2000 14:10P 8884 P120 LMeCredten 1 of 0 R 0.00 D 0.00 Delbe CLy, CO Clerk 8 Ree J-50 ACCESS PERMIT COST APPORTIONMENT AGREEMENT The following parties: Art Beavers, Beavers Construction, doing business as High Mesa Gravel, 1091A Highway 133, Hotchkiss, CO 81419 ("Beavers"); John V. Shea, Ozella A. Shea, 1431 E Road, Delta, CO 81416 ("Shea"); Joe E. Segrest, 1597 2120 Road, Cedaredge, CO 81413-9569 ("Segrest"); and Gunnison River Farms LLC, P.O. Box 180, Austin, CO 81410- 0190 ("Gunnison River") (hereafter referred to as "Parties") as owners of the property described in Exhibit A attached hereto and by this reference made a part hereof; along with the Boazd of County Commissioners of Delta County, 501 Palmer Street, Suite 227, Delta, CO 81416 (hereafter "Delta County"); enter in this agreement, effective September // , 2000, to determine and apportion the costs of the improvements required for Delta County to apply for and obtain an Access Permit from the Colorado Department of Transportation (hereafter "COOT") for County Road J-50 at Colorado State Highway 92. Recitals A. County Road J-50 is presently permitted by COOT to access State Highway 92. B. A substantially greater increase in vehicular traffic entering Stale Highway 92 from ]-50 Road mayor will result in COOT imposing greater requirements, for safety purposes, at J- 50 Road and Highway 92, pursuant to the Colorado Department of Transportation Access Code (COOT Access Code) § 3.8(5)(a)-(e)), copy attached hereto as Exhibit B and by this reference made a pan hereof. C. The increased vehicular traffic is the result of gravel extraction operations planned by Beavers', subdivision and residential development planned by Shea and Segrest, and residential and recreational development pending by Gunnison River. D. Della County is authorized by the COOT Access Code, § 2.6(6) to "pass through" to [he actual primary users of a road the cost of improvements needed to comply with the COOT Access Code. E. Improvements required by the COOT Access Code are dependent upon the vehicular traffic; i.e., the number of vehicles per hour at projected peak hours, as determined by definitions within the Access Code. Agreement NOW THEREFORE and in consideration of the covenants and conditions contained herein, the parties agree as follows: 1. The Parties will jointly prepare and file with COOT an application for an access permit for!-50 Road as it intersects Colorado State Highway 92. In the application, the Parties F1CountyV-50 Access Pemut-Cost App Agmot