Laserfiche WebLink
Plan, including, without limitation, the City's approval of the Grading Plan. If requested, <br /> Grantor shall furnish Grantee with evidence of such permits and authorizations. Grantor and <br /> Grantee each recognize that timely completion of the reclamation work contemplated for the <br /> Donation Property as described in the Donation Agreement pursuant to Grantee's plans and <br /> budget requires timely access to and timely use of the Fill Dirt from the Fill Dirt Borrow Area <br /> portion of the Easement Area Property. In recognition thereof, Grantor agrees to apply for, <br /> process and obtain, at its sole cost and expense and as soon as reasonably possible, the grading <br /> permit (or other equivalent permit) for the grading contemplated by the Grading Plan as required <br /> applicable governmental authorities and as necessary for Grantee's entry upon and grading of the <br /> Fill Dirt Borrow Area portion of the Easement Area Property and removal of the Fill Dirt <br /> therefrom in accordance with the Grading Plan, including, without limitation, the City's approval <br /> of the Grading Plan. Grantor and Grantee each agree to cooperate in good faith with one another <br /> in obtaining such requisite grading permit (or other equivalent permit), including, without <br /> limitation, execution and submission of any documents requiring signatures from Grantor as <br /> owner of the Easement Area Property. <br /> 2. Term of Easement. The term of the Easement (the "Term") shall commence <br /> upon the Effective Date and shall continue until such time as Grantee has (i) completed all <br /> Grading and removed all Fill Dirt from the Fill Dirt Borrow Area portion of the Easement Area <br /> Property as Grantee deems necessary to complete the reclamation work upon the Donation <br /> Property up to the Maximum Fill Dirt Removal Amount, all as confirmed in writing; from <br /> Grantee to Grantor, and (ii) completed all reclamation and grading work required by applicable <br /> governmental authorities pursuant to relevant permits and authorizations, provided, however, <br /> that the Grantor may, in writing, waive the obligation of Grantee to perform reclamation work in <br /> Grantor's sole discretion. Upon expiration of the Term of this Easement, Grantee agrees that it <br /> shall, upon the written request of Grantor, execute a document for recordation in the real <br /> property records of E1 Paso County, Colorado confirming the termination of this Agreement and <br /> the Easement created hereby. <br /> 3. Maintenance of Easement. Grantee, at its expense, shall keep the Easement <br /> Area Property in a state of good condition and repair, including periodic watering of the <br /> Easement Area Property for purposes of dust abatement. Grantee shall erect, at its sole cost and <br /> expense, temporary protective barriers such as plastic crowd control fencing to ensure <br /> stockpiling and parking is contained, all as required by applicable law. Maintenance and repair <br /> of any haul roads may further include, as necessary and without limitation, periodic grading and <br /> re-grading, snow plowing, snow storage and removal, placement and replacement of road <br /> material (pitrun and/or roadbase), construction and repair of culverts and periodic cleaning of <br /> any drainage ditches along such haul roads for proper drainage. Paving of the road surface shall <br /> not be permitted without the prior written consent of Grantor, which consent shall not be <br /> unreasonably withheld, conditioned or delayed. Grantee shall further have the right to conduct <br /> all other maintenance and repair of any such haul roads as Grantee desires or deems necessary to <br /> maintain the same in a state of good condition and repair. <br /> MCS-7608371000001-385320 v10 <br /> 4 <br />