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723596 <br /> Page: 2 of 23 <br /> 07/30-12004 03:42,' <br /> C KRUSE, CLK&REC MONTROSE, CO EASE R ii6,00 D 0,03 <br /> G'Cscri�tions. HRC hereby reserves unto itself and its Pennittees the right to use the HRC <br /> 'D L Utility Easement for all uses not inconsistent with the uses <br /> Property, Access Easements and the I <br /> as set forth in this Agr <br /> eement. HRC shall remain solely 'liable for maintaining the grade and <br /> s.olpe of the Access Easements and Utility Easement in a manner that will allow JV and its <br /> Perrnittz-es to use and enjoy the Access Easements and Utility Easement consistent with the terms <br /> and provisions hereof HRC reserves the right to relocate the Access Easements depicted on <br /> Exhibit C-1 hereto and described on Exhibit C-2 hereto, respectively and the Utility Easement <br /> depicted on Exhibit C-1 and described on Exhibit D hereto to any areas selected by HRC and <br /> reasonably acceptable to JV at HRC's expense, (including the expense of relocation of all utilities <br /> located i, Easements ih Access Easeents and Utility Easement serving the Retainage Parcel), in which <br /> z:1 <br /> case the foriner locations of such Access Easements and Utility Easement shall be released from <br /> this Agreement; provided, however, that in no event shall HRC relocate such Access Easements <br /> or Utility Easement if such relocation, in JV's reasonable judgment, materially and adversely <br /> affects or impairs JV's and/or its Permittees' access to and from the Retainage Parcel and/or the <br /> delivery of utility services to the Retainage Parcel. HRC may relocate any Access Easement not <br /> -P,o,,d and described on Exhibits C-1 and C-2 hereto at its sole cost and expense upon <br /> .--- <br /> reasonable advance notice to TV, in which case, the former locations of such future Access <br /> Easements shall be released from frus Agreement. The Access Easements and Utility Easement <br /> are: granted by HRC and accepted by TV, subject to all encumbrances of'record to the extent they <br /> -e :air,in existence and valid.. <br /> 2. Access toUtilitics: Cost of Utility Service. Construction of Roads: CoolL I PI-1,4 i Lo Ll <br /> (a) HRC shall be required. to design its infrastructure to permit JV to connect <br /> t,o telephon-, cabling, utilities, and water service connections (and shall assess no tap fees or <br /> connection. charges). HRC shall work and cooperate with JV to accommodate the development <br /> of the Retainage Parcel and these connections. In no event shall HRC be required to biln1c; such <br /> utility lines to the boundaries of the Retainage Parcel, but HRC at no cost to JV shall, at the tune <br /> that it constructs or installs any utility lines in the Utility Easement, provide stub-outs and/or <br /> appropriate junction boxes for such utilities at the access points identified on Exhibit D hereto or <br /> at locations within the Utility Easement mutually acceptable to HRC, the utility company or <br /> utility service provider, and JV. HRC agrees to use commercially reasonable efforts in assisting <br /> .T to obtain all approvals required from any governmental agency, special district or utility <br /> coin,pany, or utility service provider. JV shall, at its sole cost and expense, pay for any and all <br /> upsizing requirements in connection with the water and sewer lines. JV, at its expense, shall <br /> ha-ve the right to connect into and extend lines from all such utilities within the Utility Easement <br /> + ty <br /> to the boundary line of the HRC Property, and if required by any utility company or utility <br /> s_rvi provider, 1 <br /> ce provi r, shall execute any service contracts required by such parties to obtain utility <br /> service. Prior to commencement of any construction work by JV within the Utility Easement or <br /> its connection to any utility lines located therein, JV shall provide HRC and any utility company <br /> or utility service provider requiring the same with description of the scope of work to be <br /> performed and copies of all plans and specifications for such construction work, all of which <br /> shall be in form and substance reasonably acceptable to HRC, such acceptance not to be <br /> unreasonably withheld or delayed, and shall also be acceptable to such utility company or utility <br /> service provider. If HRC has not responded or objected to such scope work and plans and <br /> specification within twenty (20) days following its receipt of same, HRC shall be deemed to have <br /> 2 <br />