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3.1 Grantee has the right to construct a road within the Access Easement.
<br />Grantee shall be responsible for all costs for road construction within the Access Easement. Grantor
<br />acknowledges that said road may be constructed to accommodate Grantee's access to Grantee's
<br />Property for the uses set forth in paragraph 5, below, and that said road may be used by all manner
<br />of motor vehicle as set forth in paragraph 2, above. Grantee has the rightto select the timing, means
<br />and methods of construction of a road within the Access Easement in its sole discretion. The road
<br />within the Access Easement will be constructed in accordance with good engineering practices and
<br />all rules, regulations, and requirements of all Laws. "Laws" shall mean all laws, statutes,
<br />ordinances, rules, codes, regulations, orders, and interpretations of the Colorado Department of
<br />Transportation and all other federal, state, and other governmental or quasi -governmental
<br />authorities having jurisdiction over the Grantor's Property and Grantee's Property.
<br />3.2 Grantee shall be responsible for maintaining and repairing any road that is
<br />constructed in the Access Easement by Grantee. Notwithstanding the foregoing any costs or
<br />expenses which result from Grantor's or Grantor's agents, contractors, tenants, employees,
<br />customers, licensees, guests, invitees, successors and assigns negligence or intentional misconduct
<br />shall be borne by Grantor.
<br />3.3 Each Party, at its sole cost and expense, shall maintain liability insurance
<br />covering events that may occur on the Access Easement in such amounts as may be commercially
<br />reasonable but in any event lot less than One Million and No/l00ths Dollars ($1,000,000.00) per
<br />occurrence and One Million and No/ 100ths Dollars ($1,000,000.00) in aggregate. Such insurance
<br />shall name the other Party as an additional insured thereunder and require thirty (30) days' notice
<br />before cancellation or substantial amendment of said insurance. Upon written request, but no more
<br />frequently than annually, each Party shall provide the requesting Party with evidence of such
<br />insurance in the form of a certificate of insurance and a copy of the additional insured endorsement.
<br />4. Grantor's Rights. Grantor reserves the right of ownership, use, and occupancy of
<br />Grantor's Property, including, but not limited to, the Access Easement and improvements thereon
<br />by Grantor and Grantor's agents, contractors, tenants, employees, customers, licensees, guests and
<br />invitees insofar as the ownership, use, and occupancy does not unreasonably interfere with the use
<br />granted to Grantee. Grantor shall pay any property taxes for its property as if no Access Easement
<br />was ever created. Subject to the limitations in this paragraph and in this Agreement, Grantor and
<br />Grantor's successors and assigns shall have the right to develop any property owned by Grantor,
<br />including, without limitation, the right to use Grantor's property for commercial or residential
<br />purposes which result in vehicular, pedestrian and other use of the Access Easement for private
<br />and commercial vehicles.
<br />5. Use of Grantee's Property. The intent of the parties to this Agreement is to allow
<br />Grantee to access Grantee's Property for any lawful purpose including, but not limited to,
<br />industrial, mining and residential use.
<br />6. Warranties. Grantor warrants that it has all necessary power and authority to grant
<br />the Access Easement granted by this Agreement and that this Agreement has been duly authorized,
<br />approved and executed. Grantee warrants that this Agreement has been duly authorized, approved
<br />and executed by Grantee.
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<br />/Users/brucechapman/Dropbox/Clio/Young, Michael D/3175-32 Young Post Closing Pit Real Estate W oTk/Easement Taylor Property/NON EXCLUSIVE ACCESS
<br />EASEMENT AGREEMENT 2019 09 18 FINAL docx
<br />201916436
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