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under subrogation or otherwise, against Grantee, the State of Colorado or the State Land Board,
<br /> its agencies, institutions, organizations, officers, agents, employees, and volunteers.
<br /> VIII. PERFORMANCE BOND
<br /> (Reserved)
<br /> IX. SURVEY
<br /> A. Prior to the Effective Date, a plat and survey performed by Gordon Dowling, Colorado PLS No.
<br /> 30090, dated March 2, 2017 was submitted by the Grantee to depict the location of the Premises
<br /> and/or Facilities, as required by the State Land Board. The survey included a metes and bounds legal
<br /> description of the Premises and is in form and substance sufficient to meet the State Land Board's
<br /> survey standards.
<br /> B. If the Premises and/or the footprint of the Facilities are to be enlarged, replaced, relocated, or
<br /> added to in the future, the Grantee shall request of the State Land Board such change and furnish
<br /> surveys, plats, and description of the change to the State Land Board. The State Land Board may, at
<br /> its sole discretion, approve or deny such request. In the event that the State Land Board approves
<br /> such change, the State Land Board may, at its sole discretion, require the Grantee to pay additional
<br /> consideration.
<br /> X. CONSTRUCTION OF FACILITIES
<br /> A. The Facilities existing on the Premises as of the commencement date of this Contract have been
<br /> authorized by the State Land Board. Other than the Facilities, no improvements (including access
<br /> roads), shall be built or placed upon the Premises without the prior written consent of the State Land
<br /> Board, which shall not be unreasonably withheld, conditioned, or delayed. Grantee shalt provide
<br /> designs, construction plans, and building specifications for the State Land Board's review and approval
<br /> prior to construction of any improvements. Grantee shall not commence to build any structure or
<br /> permanent improvement or construct replacements, additions, or significant alterations of any kind
<br /> without first obtaining said approval. All Facilities shall be the property of the Grantee, unless they
<br /> are deemed abandoned pursuant to Section XI.B below. If the Facilities are abandoned, such assets
<br /> shall become the property of the State Land Board and may be removed, retained or sold by the State
<br /> Land Board in accordance with Section XI.B below.
<br /> B. During construction of the Facilities and during the Term of this Contract, Grantee shall make a
<br /> reasonable effort to treat the occurrences of noxious weed species (Ex. Canada Thistle) on the
<br /> Premises and to prevent the spread of noxious weeds from other areas. Reasonable effort includes
<br /> but is not limited to washing vehicles and other equipment, stockpiling topsoil separately from other
<br /> fill materials, and in cases where timely natural revegetation of native plants is not likely to occur, to
<br /> seed bare sites with native plant species as soon as appropriate to prevent establishment of undesirable
<br /> plant species.
<br /> C. If any Facilities are constructed outside of the defined boundary of the Premises, the State Land
<br /> Board, at its discretion, may require Grantee, a developer (if any), or their successors or assignees to
<br /> relocate the Facilities to within the defined boundaries of the Premises at no cost to the State Land
<br /> Board.
<br /> D. The Grantee shall not fence or otherwise obstruct free and open access to and travel upon, the
<br /> Premises, without written authorization from the State Land Board.
<br /> E. (Reserved)
<br /> XI. TREATMENT OF FACILITIES AND SURRENDER OF PREMISES UPON TERMINATION OF CONTRACT
<br /> A. Upon expiration or termination of this Contract, and provided Grantee is not then in breach of or
<br /> in default under this Contract, all Facilities shall, at the Grantee's option, either be:
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