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*700101 <br />` 700101 7/18/2013 2.45 PM Debra A Green <br />No1 of 3 AGREE R$0.00 D$0 00 Park County Clerk <br />feFe ROAD REROUTING AGREEMENT AND GRANT OF EASEMENT <br />Ar, <br />THIS AGREEMENT is made and entered into this IS kA day of 1, 2013 by <br />and between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF <br />PARK, COLORADO, a Colorado county, 501 Main Street, PO Box 1373, Fairplay, CO <br />80440 ( "Park County" or "County") and ROGERS & ROGERS ENERGY, LP, a Texas <br />limited partnership, PO Box 50368, Midland, TX 79710 -0368 ( "Rogers and Rogers "); <br />WITNESSETH: <br />WHEREAS, Park County entered into a Lease Agreement dated May 1, 1997, <br />with Raymond L. and Carolyn E. Rugloski, a copy of which is attached hereto as Exhibit <br />A the "Lease "); and <br />WHEREAS, by virtue of a warranty deed dated December 31, 2012, Rogers & <br />Rogers is the successor in interest to the property formerly owned by Raymond L. and <br />Carolyn E. Rugloski, which is the subject of the Lease,; and <br />WHEREAS, the Park County Road and Bridge Department desires to reroute the <br />existing road currently being used to access Chaparral Gravel Pit No. 2 to allow <br />continued development and operation of said gravel pit; and <br />WHEREAS, Rogers & Rogers is agreeable to such rerouting subject to the terms <br />and conditions herein contained; <br />NOW, THERFORE, in consideration of the mutual promised herein contained, <br />the parties covenant and agree as follows: <br />1. Rerouting. Rogers & Rogers authorizes Park County to reroute the <br />access road to Chaparral Pit No. 2 under the following terms and conditions: <br />a. The rerouted roadway will be constructed in a manner consistent in materials <br />and quality to the existing roadway as it enters the High Chaparral Ranch <br />from Park County Road 59. <br />b. All cost and expense of construction and maintenance of said rerouted road <br />shall be the sole responsibility of Park County. <br />c. Upon completion of Park County's gravel pit operations, pursuant to the terms <br />and conditions of the Lease, should Rogers & Rogers Energy, its successors, <br />or assignees, at their sole discretion, determine that they desire the roadway to <br />be routed as it originally existed, Park County agrees to reconstruct said <br />roadway in essentially the same route as it originally followed and in a timely <br />manner acceptable to Rogers & Rogers and Park County further agrees that all <br />