2014-04-10_PERMIT FILE - P2014005 ‎(2)‎

• Permit No: P2014005
• IBM Index Class Name: PERMIT FILE
• Doc Date: 4/10/2014
• Doc Name: Reviewed notice of intent
• From: Clear Creek County
• To: DRMS
• Email Name: MAC
• Media Type: D
• Archive: No

I
267099 01/04/2013 03:59:00 PM B: 864 P: 585 ESMT_AGMT
Page 2 of 6 R: $36.50 D: $0.00 T:$36.50
eRecorded in Clear Creek County, Colorado
undisturbed areas. The locations of the access and of the improvements constructed pursuant
hereto are sometimes referred to as the "Easement Premises."
Termination of Easement. This Easement shall terminate in whole or in part, as the
case may be, upon the permanent closure of the Capital Prize Mine, or the permanent closure
of the portion of the Capital Prize Mine that lies underneath the Subject Property.
Grantee's Use of the Easement. Grantee's rights under the Easement are subordinate
to and shall not unreasonably interfere with Grantor's use of the surface, subsurface and
airspace above the Easement Premises for recreational and public purposes and the support
thereof. Therefore, Grantee's rights under the Easement with respect to the surface,
subsurface providing support and airspace above the surface of the Easement Premises are
limited to periods reasonably necessary for construction and rehabilitation of access and the
construction and maintenance of the air ventilation /safety shaft. The Easement shall be for the
use and benefit of the Capital Prize Mine, its owners, agents, successors and assigns only.
Grantee shall keep and maintain the air ventilation /safety shaft improvements within the
Easement in a safe condition.
Grantor's Use of the Easement Premises. Grantor may use the Easement in any way
that does not unreasonably interfere with the Grantee's right to the use of the Easement as set
forth herein.
Indemnification. Grantee and its successors and assigns hereby agree to and shall
r� indemnify and defend Grantor, and its respective successors and assigns, for and against any
UI losses, actual costs, reasonable, out -of- pocket expense, liabilities, claims, judgments, and
damages, including reasonable attorneys' fees, directly and solely arising from or relating to
Grantee's Use of the Easement Premises; provided that nothing herein waives any of the
provisions of the Colorado Governmental Immunity Act ( §24 -10 -101, et seq., C.R.S.) including
any amendment or successor to it.
Insurance. Grantee shall procure and maintain at all times when using the Easement
Premises pursuant hereto all risk liability insurance with an insurer authorized to do business in
Colorado, with coverage amounts not less than $2,000,000 per occurrence / $2,000,000 in the
aggregate, with Grantor and its successors and assigns endorsed as additional insureds
( "Insurance "). Upon request of Grantor, Grantee shall furnish Grantor annual certificates of such
Insurance providing that the policy shall not be cancelled or terminated without at least thirty
(30) days written notice to Grantor.
Mechanic's Liens. Grantee agrees to pay and discharge all claims for labor performed
and material and services furnished in connection with the repair, maintenance or construction
of any improvements within the Easement Premises and Grantee shall take any and all steps
reasonably necessary to forestall the assertion of claims or liens against the Easement
Premises, the Subject Property or any other real estate owned by Grantor. Notwithstanding the
foregoing, Grantee shall not be required to pay any claims for labor, materials, or services which
Grantee in good faith disputes and which Grantee, at its sole expense, diligently contests;
provided, however, if Grantee does wish to contest any such claim, Grantee shall, not later than
twenty (20) days after the notice of the filing of any claim or lien or notice of intent to file such a
Page 2 of 6
2012- 12 -11 -3 Easement for Air Vcntilation- Safety Shaft for Execution
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