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08/02/2004 <br />111110111111111111111111111111111IT Illi Page: 2 of 605202$1:48r <br />Kay Wainland Routt County, CO EASEMENT R 2m.00 ❑ 0.00 <br />Agreement. Grantee agrees to perform road maintenance as necessary and/or <br />required to prevent excessive- erosion and allow for its reasonable access. <br />Should grading be required to improve Grantee's access, unless otherwise <br />Instructed by Grantor, Grantee agrees not to leave berms adjacent. to such <br />access roads. <br />2. Grantee agrees to. keep all gates on Grantor's lands and/or the access roads <br />used by Grantee, if any, closed at all times following Grantee's use. In the event <br />Grantor elects to place a lock system on any such gates, Grantor shall be <br />responsible for providing a key(s) or other means of access to Grantee. The <br />parties mutually agree to keep all such gates locked or closed in such a manner <br />so as to permit access to the access roads and/or the. Easement Lands by both <br />Grantor and Grantee at any time. In the event Grantor provides Grantee with a <br />key(s) to its lock(s), upon termination of this Agreement for any reason <br />whatsoever, Grantee shall -return any and all such keys, Including all copies <br />thereof, to Grantor. <br />3. Grantee shall have the right, subject to applicable laws, to trim or clear away and <br />promptly remove all trees, brush and plant growth on or overhanging the <br />Easement Lands which interfere with or are dangerous to the operation of the <br />Facilities and to trim or remove any trees or plants or other objects from lands of <br />Grantor on either side of said Easement Lands which may create a hazard by <br />falling or striking the Facilities located thereon. <br />Grantee, at its option, shall haul away or mulch and spread (onto the Easement <br />Lands and/or access roads) all trees, brush and other plant growth that Grantee <br />may from time to time be required to clear from the Easement Lands and/or <br />access roads. <br />Grantee shall use due care to control the growth of noxious weeds on areas <br />disturbed by its activities on the Easement Lands. Grantee shall consult with <br />Grantor and, if necessary or appropriate, the Rou" County Weed Supervisor, to <br />develop and implement an acceptable weed control plan suited to the Easement <br />Lands and consistent with the weed control practices of Grantor on lands which <br />are contiguous and/or adjacent to the Easement Lands. <br />4. Grantor makes no representation or warranty of any type with respect to the <br />conditions on the Easement Lands. To the best of Grantor's knowledge, Grantor <br />holds valid legal title to the Easement Lands, but Grantor is not warranting,title to <br />same, and Grantee is solely responsible for evaluating title to the Easement <br />Lands -to its own satisfaction. Subject to the foregoing: (a) Grantor represents <br />and warrants that the execution of this Agreement, has been approved by all <br />necessary corporate action, (b) this grant is binding on Grantor- and, to the best <br />of its knowledge, It Is not aware of any condition of having to obtain any consents <br />.from any third parties, including mortgagees, If any; and (c) Grantor represents <br />that it is not aware of any previously granted rights in or to the Easement Lands <br />which would be inconsistent with the grant of rights herein described. <br />5. Subject to the provisions of Section 6 below, Grantor reserves the right to use <br />and occupy the Easement Lands for all purposes not Inconsistent with the rights <br />2 <br />