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*700101 * <br />700101 7/18/2013 2:45 PM Debra A Green <br />2 of 3 AGREE R$0 00 D$0 00 Park County Clerk <br />costs and expenses of said reconstruction shall be the sole responsibility of <br />Park County. <br />2. Grant of Easement. Rogers & Rogers grants to Park County a thirty foot <br />(30') wide easement for vehicular traffic on the east side of a line connecting nine GPS <br />points shown on the attached Exhibit B. Both ends of this easement shall meet and end at <br />the existing vehicular access shown on Exhibit B as a dashed line. Such easement shall <br />terninate upon completion of Park County's gravel pit operations. <br />3. Miscellaneous. <br />a. The County, by entering into this agreement, does not waive any rights or <br />protections it may have under the Colorado Governmental Immunity Act, C.R.S. § 24 -10- <br />101 et seq. <br />b. The parties enter into this Agreement as separate, independent entities and <br />shall maintain such status throughout. <br />C. The provisions of this Agreement shall only become effective upon <br />execution of the Agreement by both parties. <br />d. Neither party may assign its rights or obligations under this Agreement <br />without the prior, written consent of the other party, which consent will not be <br />unreasonably withheld. Nothing in this Section 3(d) shall, however, be construed to <br />require the County's consent to any sale of the property described in the Lease by Rogers <br />& Rogers. <br />This agreement shall be governed by the laws of the State of Colorado. <br />f. No third parties are intended to be beneficiaries of this Agreement. <br />g. This Agreement is intended to be fully integrated. <br />h. As required by Article X, Section 20 of the Colorado Constitution, any <br />obligation of the County not performed in the current fiscal year shall be subject to <br />annual appropriation of funds by the County's governing body. Should sufficient funds <br />not be appropriated for the County's performance in future fiscal years this agreement <br />shall terminate and be of no further force or effect. <br />This instrument executed this J;1AA day of 4A a 2013 <br />BOARD OF COUNTY COMMISSIONERS <br />OF THE COUNTY OF PARK, <br />COLORADO <br />