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NO DECLARATION 7566 9 7/112019 4:45 PM Debra A Green <br /> 3 of 2 R$123.00 D$0.00 Park County Clerk <br /> 5. If the reservoir facility is constructed, Buyer agrees that such construction will include at <br /> least one access route from a public road to the shoreline area of the reservoir facility. Any <br /> additional access routes from public roads to the shoreline area may be built at Buyer's sole <br /> discretion. In its sole discretion Buyer may decide to allow public recreational activities upon <br /> the reservoir water and at shoreline facilities it chooses to designate,provided all such activities <br /> are consistent with and subordinate to Buyer's use and operation of the reservoir facility for <br /> water supply operations. It is recognized Buyer's use and operation of the reservoir facility for <br /> water supply operations will inter alio include but not be limited to significant fluctuations in the <br /> water level and the absence of any minimum lake level. In its sole discretion Buyer may further <br /> choose to manage any such allowed public recreational activities or it may decide to contract <br /> with an agency or division of the State of Colorado to manage all or some portion of any such <br /> allowed public recreational activities. In the event that any such public recreational activities are <br /> allowed, Aurora will agree that, pursuant to the reservation of the limited recreational access <br /> interest retained by HSR the management of any such allowed public recreational activities will <br /> provide that owners of the lots within the HSR Development as depicted on Exhibit F of the <br /> GP&SA described above, will be allowed toll free passage across the access route from public <br /> roads to the shoreline area and toll free use of public recreational activities upon the reservoir <br /> water and public shoreline facilities. Seller and its successors agree they have and will assume <br /> any and all risks associated with or incident to their use of any such allowed public recreational <br /> activities and further agree to hold Buyer harmless from any losses or damages resulting from <br /> such use. The Parties agree that nothing in Seller's retained limited recreational access interest <br /> and nothing in this Agreement may interfere with or supersede any general public access for <br /> recreational purpose that Buyer might care to develop. <br /> 3 <br />