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THIS PERMANENT EASEMENT, STAGING AREA AND MAINTENANCE AGREEMENT <br />( "Agreement ") is made as of this 30th day of December, 2009, by and between ROBERT <br />V. RAYMOND, an individual, ( "Raymond ") and GALLEGOS MASONRY, INC., a Colorado <br />corporation ( "Gallegos) ". <br />RECITALS <br />A. Raymond owns certain real property located in Marble, Colorado <br />commonly known as 4711 County Road 3, Marble, Colorado 81623 ( "Raymond <br />Property ") and more particularly described as: <br />Lots 95, 96, 97 Marble Ski Area Three and Placer Lake 2.6A <br />NW 4 SEC 27 11 S88W #493598, Gunnison County, Colorado <br />B. Gallegos has harvested surface rock in an area known as the "Conger <br />Harvesting Area" located in the Northeast Quarter, Northeast Quarter, Section 28, <br />Township 11 S, Range 88W, 6th PM, County of Gunnison, State of Colorado. Gallegos <br />has applied for and is in the process of obtaining a permit from the United States Forest <br />Service, as approved by the State of Colorado and Gunnison County, a Mineral <br />Material Permit to harvest surface rock in an area adjacent to the Conger Harvest <br />Area, as depicted on Exhibit A attached hereto and made a part hereof ( "USFS Mineral <br />Material Permit Area "). <br />C. Raymond and Gallegos are parties to that certain Road Use and <br />Maintenance Agreement dated March 20, 1998, a copy of which is attached hereto as <br />Exhibit B ( "Road Use and Maintenance Agreement "). <br />D. In addition to the easement rights granted under the Road Use and <br />Maintenance Agreement, Gallegos has requested and Raymond has agreed to <br />provide, subject to the terms and conditions set forth herein, a permanent non- <br />exclusive easement across the Raymond Property on the private access road depicted <br />on Exhibit C, attached hereto and made a part hereof ( "Private Access Road "). <br />E. Gallegos has furthermore requested and Raymond has agreed to provide <br />certain staging areas on the Raymond Property for Gallegos' rock harvesting activities <br />as more particularly described herein. <br />F. Gallegos and Raymond also desire to agree to certain maintenance <br />activities associated with the Private Access Road. <br />Easement Agreement <br />