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09/18/00 17:01 ~970~4 2500 DELTA CNTY PLAN • f12j 003 7788 08/13/2000 12:10P BB64 P121 I.MeC~adt~n 2 of S R 0.00 D 0.00 Della Cly, CO Clvk d Ree J-50 ACCESS PERMIT' COST APPORTIOIdtvtEIJT AGREEMENC - condnueA shall agree upon the projected peak volumes of vehiculaz traffic on 7-50 Road. The application would be filed on behalf of Delta County; however, the Patties shall jointly pay all the associated fees, including but not limited to the permit fee and any subsequently required engineering and construction costs. 2. At such time as projected peak hour volume of vehicles per hour meets the CDOT Access Code thresholds for Lefr turn deceleration, right rum deceleration, right turn acceleration, and/or left rum acceleration lane including taper length, the Parties will jointly ensure that the improvements are made as required such that the access permit can be issued and maintained by CDOT. 3. The costs of the improvements shall be apportioned among the Parties based upon the total average vehiculaz volumes created by their respective developments at such time as the threshold volume for improvements aze reached. Specifically, and by example only, at such time as the Parties and CDOT project a peak hour left ingress turning volume greater than ten (10) vehicles per hour, CDOT will require a left rum deceleration lane with taper and storage length. At that time the Parties will comply with all necessary requirements to engineer, design and construct the required deceleration lane and will share the total costs of the project in the propomon that the volume of vehicular traffic from the property owned or developed by each party beats that the total volume of vehicular traffic to and from the properties of all of the Parties. 4. Delta County appoints as its representative for purposes of this Agreement the Delta County Planner, who shall be notified with respect to all actions taken by the Parties in applying for a permit and complying with the requirements of the Access Code. Delta County shall have the right to oversee and participate in all negotiations and contracts with respect to the improvements to be constructed upon the County road to obtain the Access Permit. This oversight includes the right to approve or disapprove all contracts proposed for the design, engineering and construction of J-50 Road at its intersection with State Highway 92. 5. Should the Parties not agree on any matter covered by this agreement following execution, the dispute will be resolved by Delta County's representative, who shall act as the arbitrator/decisi on-maker. 6. Upon execution hereof, this Agreement shall be binding upon the parties hereto, their heirs, successors, assigns and personal representatives; and shall run with the land. This Agreement may not be assigned by any party without the express written approval of the remaining parties to such assignment. Any assignment made without the express written approval of all other parties shall be null and void. Any party to whom the Page 2 of 3 F:~CountyV-50 Access Pvmi~-Cm~ App Aomni