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408323 02-22-2017 Page 2 of 16 <br /> 0. Rialm and the District entered into a `vlarch 18, 2016 Grant of Easements fr;r <br /> Reservoir and Water ]ransmission Pipelines ("Prior Agreement") that has superseded and <br /> replaced the Sheep Mountain Agreement. Now by this First Amendment and Restatement Rialn; <br /> and the District amend certain provisions of the Prier Agreement, restate the remaining terms <br /> thereof. and supersede and replace the Prior Agreement in its entirety. <br /> NOW THEREFORE, in consideration of the: mutual promises contained herein and <br /> ether good and valuable consideration, the receipt and adequacy of which are hereby <br /> acknowledged, the parties agree as follows: <br /> COVENANTS :AND AGREEMENTS <br /> I. Term o f Agreement. The initial term of the Agreement shall be for a period of <br /> forty (4011 years, and it shall be renewed for successive additional forty (40) year terms until the <br /> District ceases to use the Reservoir. It is recognized by the parties that this continuing term of <br /> the Agreement is made in light of the significant construction costs for the Reservoir, ptinip <br /> station, and Water Transmission Pipelines that will be incurred by the: District, and the need and <br /> coininitment by the District to provide a permanent source of replacerrient water to its <br /> constituents tinder the Aug7mentation Plan. <br /> ?. Brant of Reservoir Easement. Rialm hereby grants and conveys to the District an <br /> exclusive easement for the purposes of excavation, construction, operation, use, maintenance, <br /> and repair of the; Reservoir and the related infrastructure and appurtenances such as. without <br /> limitation. metering devices, flow control structures, and utility vaults ("Reservoir Easement"), <br /> 'rhe general location and dimensions of the Reservoir and this Reservoir Casement are depicted <br /> on the Exhibit B plat attached hereto, which shall be located upon land not currently irrigated by <br /> Rialin. Rialin shall have no liability associated with such uses by the District and, to the extent <br /> allowed by law, the District shall indemnify Rialm for any and all costs, expense;, damages, and <br /> liabilities incurred by Rialm as a result the District's above uses of the Reservoir Easement. <br /> Stich indemnification shrill not operate to waive any governmental immunity of the District. <br /> Notwithstanding the foregoing, the District agrees to allow the owners of Rialn'. access to the <br /> Reservoir Easement for their personal non-commercial use only, limited to recreational use of <br /> the Reservoir, so long as such use aloes not Unreasonably interfere with the District's use of the <br /> Reservoir Easement and does not damage the; District's improvements. Rialm realizes that any <br /> use of the Reservoir for fishing will be subject to the District's right to lower or exhaust the <br /> reservoir levels as needed for District operations. There is no guaranty of a rniniirrurn water <br /> level. Rialm. subject to the Districts right of review and approval, may also at its expense place <br /> some landscaping around the Reservoir area provided such landscaping shall not impair or <br /> impede the operation; structural integrity, or ether full use and enjoyment of the Reservoir by the <br /> District for its District purposes. Such approval by the District shall be in writing in the <br /> District's discretion, but shall not be unreasonably withheld or delayed. The District shall have <br /> no liability associated with such uses by Rialin, and Rialin shall indemnify the District for any <br /> and all costs, expenses, damages, and liabilities incurred by the District as a result of Rialm's <br /> above uses of the Reservoir I asernent. <br /> 2 <br /> 103 <br />