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sh.ail b-_no less than the rights to use and enjoy such Access Easements granted to any current or <br /> futicv owner of the HRC Property or any portion thereof pursuant to any declaration of <br /> COVCnantS, Conditions, restrictions and easements or other access easement recorded against the <br /> HRC Property or any portion thereof. <br /> (d) Prior to installation of any utilities by HRC on the Property, HRC and its <br /> engineers shall consult with JV and its engineers regarding the sizing of7the utilities to be <br /> installed by HRC in the Utility Easement in order to eliminate, to the greatest extent possible, <br /> anv inconsistencies or conflicts with the utilities that may ultimately be installed by JV on the <br /> Retainage Parcel and to assure, to the maximum extent possible, the adequate delivery of iitillity <br /> ser.11ces to the Retainage Parcel. Towards that end, HRC and JV agree <br /> ee to cooperate -,vitb one <br /> another in good faith in determining the sizing of such utilities. Except as otherwise provided <br /> herein, JV shall remain solely liable to the utility provider(s) for payment of such utility services <br /> to the Retainage Parcel. <br /> (c) THRC and A7 agree that construction vehicle access to the HRC Property and <br /> Reamage Parcel shall be limited to Government Springs Road, unless HRC elects to provide, at <br /> its sole cost and expense, an alternate, temporary road for construction vehicle access to the <br /> Retainage Parcel. In the event HRC elects to construct such alternate road, such road shall not <br /> unreasonably interfere with or impair access to the Retainage Parcel and shall otherwise be <br /> cohstnicted ;n accordance with all applicable governmental requirements and standards. All. <br /> . ,onsiruct on vehicles servicing either the HRC Property or Retainage Parcel shall comply with <br /> app. cab-Ile weight loads or restrictions imposed by any governmental agency or authority having <br /> - <br /> Jurisdiction over the HRC Property and Retainage,Parcel. <br /> JTVs Devc�l :s nt �f Retainage Parcel: Use or'Williams 3 Ditch. <br /> (a) HRC aclaiowledges that, subject to the terms and provisions of the Covenants, <br /> Conditions and Restrictions (Retainage Parcel) dated of even date herewith between HRC and <br /> JV that encumber the Retainage Parcel, TV may annex, zone, and/or plat the Retainage Parcel, <br /> and that AT may do so for the purpose of developing the same. If -T',;' does so, HRC shall <br /> reasonable cooperate with TV in such endeavor at no cost or expense to HRC, and HRC shall not <br /> take or permit any action or inaction which would materially adversely affect TV's efforts to so <br /> alUiex, zone, plat or develop the Retainage Parcel (provided the same is in compliance with <br /> applicable laws, rules and regulations), subject to the requirements contained in Section 2 hereof <br /> relatin,cl, to water service to tl-.ie Retainage Parcel. <br /> (b) HRC hereby grants to JV a perpetual non-exclusive right to divert water into and <br /> throl.,Lffil the ditch structure called the Williams 3 Ditch in the location depicted on Exhibit E <br /> attached hereto and incorporated herein by this reference (the "Ditch") solely at the diversion <br /> p04-It depicted on said Exhibit E, solely for the purposes of transporting water in which TV now <br /> owns or hereafter acquires an interest to the Retainage Parcel. In furtherance of such diversion <br /> right, HRC hereby grants to TV a perpetual non-exclusive easement to transport water through <br /> and across the Ditch and a perpetual non-exclusive easement for ingress and egress through and <br /> over the Ditch to use, operate, maintain and repair the Ditch. JV shall be entitled to transport <br /> water at any time and from time to time in, through and across the Ditch from the diversion point <br /> 723596 <br /> 597994Y.6 Pase: 4 ol 23 <br /> 1111111111111111111111 07130/2004 03:42P <br /> C KRUSE, CLK&REC MONTROSE, CO EASE R 116,00 D 0.00 <br />