APN: 191-19-301-005 & 191-19-301-006

T-R-S: 23-61-19
Requested by:
Southern Nevada Health District
625 Shadow Lane, P.O. Box 3902
Las Vegas, NY 89127

RESTRICTIVE COVENANT RUNNING WITH THE LAND

SOUTHERN NEVADA HEALTH DISTRICT

made this 13th day

of August
,2014-, between the SOUTHERN NEVADA HEALTH DISTRICT,
hereinafter referred to as "DISTRICT" and
American Eagle Ready Mix, LLC
______________
-.l, hereinafter referred to as "OWNER."
THIS RESTRICTIVE COVENANT

("AGREEMENT"),

WITNESSETH:
WHEREAS, OWNER represents to be the owner in fee of the real property

described as follows:
Generally located:

14355 Dixon St, Las Vegas, NV 89054

(street address or general location)

Type of land use: Solid waste management facility as a recycling center

WHEREAS, the existing applicable laws, ordinances, codes, rules and regulations have

been determined to require full compliance with certain conditions

proposed use of the above-described real property; and

relative to the

WHEREAS, OWNER expressly understands and acknowledges that the required

and imposed conditions for the proposed use of the described real property, to be complied
with, are just and proper and the DIS1RICT's approval thereof and permit therefore are
expressly conditioned upon OWNER's full performance and compliance with said required
and imposed conditions, as and when DlSIRICf
shall,
and require the same.

Page lof4

NOW, THEREFORE, in consideration of the foregoing premises, the

undersigned as OWNER of the described real property herein, for himself, herself,
itself, or themselves (as the case may be) and his, her, their, heirs, executors,
administrators, successors or assigns, do(es) covenant, promise, and agree to, and
with, said DISTRICT, its successors and assigns, that full performance and
compliance, when and as required by DISTRICT,shall be made with the following
conditions hereby imposed in connection with DISTRICT's approval granted
for certain proposed use of real property described herein:
1.

The OWNER, at his own cost, shall perform and complete activities,
hereinafter referred to as Activities," which are required to use or
dispose of all solid waste remaining at the said describedreal property after
said land use, including, but not limited to, litter and recovered
materials, in accordance with currently applicable laws, ordinances, codes,
rules, regulations, standards and specifications.
II

2.

Activities shall not commence until applicable plans have been approved
by the DISTRICTand any other agency with jurisdiction and one hundred
percent (100%)of the applicable plan review and inspection fees have been
paid.

3.

The OWNER shall start Activities within sixty (60) days upon notification by
the DISTRICT that Activities must be started, and Activities shall be
completed within twelve (12)months from the date of notification under this
Agreement.

4.

If the OWNERfails to complete Activities within the period noted in

condition 3 and in accordancewith applicablelaws, ordinances, codes, rules,
regulations, standards and specifications, then in any of such events, the
DISTRICTmay, at its option, proceed to complete Activities at the expense
of the OWNER All of the remedies permitted or available to SNHD under
this Agreement, in law or in equity shall be cumulative and not alternative,
and the invocation of any such right or remedy shall not constitute a waiver
or election of remedies with respect to any other permitted or available right
or remedy ..

5.

Any inspections or subsequent approvals undertaken by the DISTRICT,

pursuant to express or implied terms of this Agreement, are undertaken
solely to insure compliance with the terms of this Agreement and are not
undertaken for the benefit of any individual or group of individuals as
members of the public. It is not intended by any of the provisions of any
part of this Agreement to create in the public or any member thereof a third
Page 2 of4

party beneficiary hereunder, or to authorize anyone not a party to this

Agreement to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this Agreement. Provisions in this
Agreement dealing with inspections, approvals or changes requested or
made do not expand the DISTRICT'sgeneral law duties.
The undersigned OWNER of said described real property does hereby expressly
declare that the foregoing conditions, and each and all of them, shall constitute,
and are hereby declared to constitute, a covenant to run with all of the real
property described above. This Agreement shall be recorded in the office of the
County Recorder and shall ensure to the benefit of and be binding upon the
OWNER, its successors, assigns, heirs, subsidiaries, parent companies and
affiliates to the property described above.
The DISTRICTshall request removal of this Agreement within thirty (30)
days after the DISTRICT'S approval of financial assurance in favor of the
DISTRICTfor the full cost of completing Activities or within thirty (30) days
after the DISTRICT'Sapproval of the completion of Activities.
IN WITNESS WHEREOF, the undersigned OWNER of said described real

property has hereto subscribed hisindenture the date and year hereinabove first
mentioned.
OWN~

STATEOF NEVADA)
)

SS

COUNTY OF CLARK)
This instrument was acknowledged before me on the~

day of

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