|
?r: t 522 �► X296
<br />respective share of such Owner's maintenance obligation into an escrow
<br />checking account requiring signature of the GRANTOR and the GRANTEE
<br />and from which account the joint check of the GRANTOR and GRAN'TFE
<br />shall be issued :q payment of such than current maintenance obligation.
<br />D. The GRANTOR and/or GRANTEE, to the extent permitted by law, do hereby
<br />indemnify and hold, defend and save eactz other harmless from liability, obligations
<br />or responsibility for loss or damage due to each other's respective negligent acts
<br />and/or omissions and for the negligent acts and/cr omissions of agents, employees
<br />and servants, ineludstg attorney fees, fees of expe! witnesses and court costs.
<br />GO AL II lhfilhM The parties hereto understand and agree that ;o
<br />long as GRANTOR is the Owner of Parcel A, GRANTOR's officers, and employees,
<br />are relying on, and do not waive or intend to waive, by any provision of this
<br />agreement, the monetary limitations or any other rights. immunities, and protections
<br />provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et sec ., as
<br />it is from time to time amended, or otherwise available to Thornton. its officers, or
<br />its employees.
<br />E. 'Without cost or payment to GRANTEE anti for a term of forty (40) years after the
<br />date heret)f,'he GRANTOR, its succ.ssors and assists, hereby grants an option to
<br />Intermountain aural Electriiicatioi: Association of Littleton, Colorado (Asse"ation),
<br />to ue exercised in writing and deliv,red to the GRANTOR for a separate perpetual
<br />easement across Parcel A for the use and benefit of GRANTFF, his heirs, legal
<br />representatives and assigns with the location of the easement to be selected by the
<br />GRANTEE and approved by GRANTOR, which approval will not be unreasonably
<br />withheld, for install. tion of all electrical' and power facilities needed or necessary
<br />to effectuate electric trarnsmission Hetes, poles, guy wires, transformers, above
<br />ground and below ground facilities, substation and all other related facilities and
<br />accessories of every kind and description, all itt accordance with tine usual anti
<br />standard instrument easement now or hereafter prescribed by the Association and
<br />which shall be executed and de.'ivcred by GRA NITOR, its suLcessors and assigns to
<br />the Associatnon, apon such written request. All of the foregoing n ovisions of this
<br />option shall survive thi, agreement.
<br />F. GRANTOR, its successors and assigns ,acknowledges and agrees that the existing
<br />unrecorded easement theretofore granted to U.S. West, Loc., a corporation, in, upon,
<br />under and thorougl. from the , ttthwf-,terly line of U.S. I 1hwav 2-i5 and 11a.cct
<br />B to the Fasterly boundary line of Parrel A shall rontinue in jwrpetuit} for the use
<br />and benefit of the GRAMEE, his heirs, legal repryvnlative5, petSonal
<br />reptesentdtives and assigns (ait pt-emml tuntl lutuxt- C fwner% a -if Parcel it) .uut upon
<br />request of U.S. West, the GRANTOI., its successors and assigns, ,nereby cuvenants
<br />and agrees at any time during a term of forty (40) years from the date hereof and
<br />without cost or obligation to sign, execute anti deliver to U.S. WEST the standard
<br />telephone acid telecommunications eawment which it deents needful or necessary
<br />to provide present and future telephone and telecumn-unications service to
<br />GRANTEE, his heirs, legal representatives, personal lepresuritatives anti assigns.
<br />(tieing the present and all futu. a Owners of Parcel A).
<br />IVV
<br />
|