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Sanders Gravel Pit <br /> Exhibit A-5:Easement for Existing Access Road <br /> AGREEMENT FOR ACCESS AND <br /> UTILITY EASEMENT AND IMPROVEMEtiTS <br /> THIS AGREEhIENT FOR ACCESS AND UTILITY EASEMENT AND <br /> IMPROVEMENTS ("Agreement") is made as of the_�day of e , 2005, by <br /> and among WARREN RANCH, INC., a Colorado corporation ("Warren Ranch"), PAUL <br /> HOSTETLER, also known as PAUL E. HOSTETLER ("Hostetler"), TROY R. BROOKSHIRE <br /> (Troy Brookshire"),JAMES L. BROOKSHIRE("James Brookshire") and THE BROOKSHIRE <br /> FAMILY TRUST,a/k/a The Family Trust, a Testamentary Trust created under the Last Will and <br /> Testament of Donald E. Brookshire, Deceased, dated April 28, 1980, as amended August 25, <br /> 1993. admitted to probate on November 21, 1997 in Case No. 97PR33, Routt County District <br /> Court ("Brookshire Trust"). In this Agreement, Troy Brookshire, James Brookshire and the <br /> Brookshire Trust are sometimes collectively referred to as the "Brookshires." The address of <br /> Warren Ranch is P.O. Box 770041,Steamboat Springs,Colorado 80477,the address of Hostetler <br /> is P.O. Box 1967, Nokomis, Florida 34274, the address of the Brookshires is P.O. Box 771301. <br /> Steamboat Springs,Colorado 80477. <br /> EXPLANATORY STATEMENT <br /> The parties own parcels of real property in Routt County, Colorado with certain common <br /> boundaries. Warren Ranch owns the parcels described on Exitibit A (the "Warren Ranch <br /> Property"), Hostetler owns the parcels described on Exftibit 8 (the "Hostetler Property'), Troy <br /> Brookshire owns the parcel described on Exhibit C (the "Troy Brookshire Property") and Troy <br /> Brookshire,James Brookshire and the Brookshire Trust own the parcels described on F.xhibir D <br /> (the "Brookshire Family Property"). The Troy Brookshire Property and the Brookshire Family <br /> Property arc sometimes referred to in this Agreement collectively as the"Brookshire Properties." <br /> By this Agreement,the parties desire to establish an easement for ingress and egress and utilities, <br /> and also desire to set forth their agreements with respect to the construction and maintenance of <br /> access and utility improvements within such easement. <br /> IN CONSIDERATION of the explanatory statement, which is incorporated into this, <br /> Agreement, and the promises, covenants and conveyances set forth herein and other good and <br /> valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties <br /> agree and convey as follows: <br /> 1. Certain Definitions. In addition to terms defined elsewhere in this Agreement, for <br /> purposes of this Agreement the following terms shall have the meanings indicated: <br /> (a) ".Benefited Owner" or "Benefited Owners" shall mean the Owner or <br /> Owners of one or more of the Benefited Properties, including their heirs, devisees, assigns and <br /> other successors in title. <br /> (b) "Benefited Property" shall mean a property that is benefited by the <br /> Easement. Each of the Properties is a Benefited Property. <br /> 1111111111111111 111 : <br /> Kay Waintand Routt Caunty CO MEMEN?R 131.00 n 0 00 <br /> -1- <br />