Laserfiche WebLink
10 Lafarge acknowledges that there may be utilities crossing through the Expansion <br />Area, including but not limited to water, sewer and gas lines. The County shall make existing <br />documentation regarding utility locations in its possession available to Lafarge upon request. At <br />all times during this Lease, access and non-interrupted water and utilities must be available to the <br />relocated bail fields, area residences and the Eagle County Animal Shelter and Lafarge shall not <br />conduct any activities under the Lease so as to interfere with water and utility service. Tile <br />County will undertake relocating its water, sewer and gas lines so as not to interfere with <br />Lafarge's mining operations, and that the cost for said relocation shall be included in Lafarge's <br />capital commitment set foi°th in Article 9 of this Sixth Amendment.. <br />11 The County will select necessary third party contractors to design and construct <br />the new ball fields, which contractors must be reasonably satisfactory to Lafarge.. Lafarge shall <br />have the right to participate in development and approval of design and construction plans so as <br />to ensure their compatibility with Lafarge operations and the final reclamation plans. <br />11 Lafarge may terminate this Sixth Amendment to the Lease without cost if it fails to <br />obtain the permits for' such operations or otherwise determines that the permits obtained do not <br />allow it to operate the facility in a financially sound manner. Except as expressly set forth <br />hereunder, the County may terminate this Sixth Amendment to the Lease at any time for any <br />reason, including but not necessarily limited to Lafarge's inability to obtain permits in a timely <br />fashion or the County's inability to secure a satisfactory contract to relocate the ball fields. Both <br />Parties may terminate without cost lentil such time as the capital payment by Lafarge to the <br />County set forth in Article 9 has been paid into an escrow account. Capital payment will not be <br />accepted by the County until such time as all contingencies have been satisfied and the County <br />has determined, in its sole discretion, that the ball fields can be relocated at a cost and time frarne <br />acceptable to the County. Once the capital payment has been made to and accepted by the <br />County, termination by either Party may only be for a material breach of the terms and conditions <br />herein and the failure of the breaching party to cure the default within 30 days after receiving <br />written notice of default from the other party, provided that if the nature of'the default is such that <br />it cannot be fully cured within 30 days after notice, the defaulting party shall have a reasonable <br />time to diligently complete cure of the default. Additionally, all monies paid by Lafarge to <br />County pursuant to Article 9 herein shall become non-refundable to Lafarge once that money is <br />paid or owing by County to any third parties hired to design or construct the relocated ball fields. <br />13. It is expressly understood by Lafarge that no mining or processing activity of any <br />kind may take place on the Expansion Area until such time as the new ball fields have been <br />constructed and available for use as authorized by WECMRP. <br />14. Upon execution of this Agreement, Lafarge will also seek special use permit <br />approval for proposed additional mining activities on the current leased premises identified as <br />Area B on the attached Exhibit 1. If Lafarge is unable to obtain such approvals, Lafarge may <br />terminate this Sixth Amendment to the Lease without cost. It is anticipated by Lafarge that Area <br />B will continue to be mined while permits are being obtained for the Expansion Area. Lafarge <br />agrees to cooperatively work with the County and the third party contractor selected to design and <br />construct the relocated ball fields to ensure that all mining and reclamation activities are done in a <br />4