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<br />Form 3367 tRev. 7-b0) Contract No. ~ ~ ~ .. ..... .
<br />'~ PRIVATE WAY LICENSE
<br />THIS AGREE?tE~T. ytade and enteral into this 14th day of 2fdy A. D. 19 79 ,
<br />by end between Tr.IE DE.`: 1'ER ADD RIG GRA\DE WESTERV RAIf.ROAD COtitPAtiY, a corporation o[ the State o1
<br />Delaware. hereinafter called the "Licensor" party of the !lest part, and CONSOLIDATED FUELS, INC. t
<br />Colorado Corporation dba CONSOLIDATED BIVEBGY, P, 0. BO% 2867, Steamboat Springs,
<br />Colorado 80477
<br />herelnafter called the "Licensee" of the second pert:
<br />WIT~ESSETH, Thet the Licensor, (or end in consideretton of the covenants and agreements of the Licensee hereto
<br />contained and upon [he terms and cond[tinns hereinafter set forth, hereby licenses and permits the construction,
<br />msintenance and use o1 [he private way or prvate ways hereinafter described ~ herelnafter called "private way") acroaa
<br />the tight oC way and track or tracks of the Licensor as herein apectfled, to wit:
<br />A 24 Loot wide private road eroeaing at
<br />grade aztaading veatarly aeroaa the Right
<br />of Slay sad trackage of the Licensor at
<br />2iils Post 207 + 5227 feat near ]iaydaa,
<br />Routt Cotmty, Colorado within the south-
<br />east quarter of Section 15, T.6.N., R87W„
<br />__ sizth P.M. as shown is yellow on the
<br />attached map, Dvg. No. H-188.
<br />This license is expressly conditioned upon the performance by the Ltcensee of all and singular the covenants and
<br />agreements hereinafter set forth to be by said Licensee kept and performed, each o[ said covenants and agreements
<br />being hereby made a condition; end it is also hereby stipulated that s waiver by the Licensor of any breach o[ any
<br />condition shall in no w'ay impair the right of the Licensor to avail itself o} any subsequent breach of the same or any
<br />other eondlton.
<br />PRIVATE WAY' as and wherever said ter~tmipprtiy~sggemddployaed~tt~~hyeyr,eppin~Yy Stht~eall 8mye `a5nt~e bweay f5oirt~travel for pedestrians, vehicles,
<br />implements and live stock. `[ i~Cap YC~y %ftallte Deh lt711Ltiag LO CI3. L1Ca~N~tsy p~~stg~p~~p$~et ~Ot In-
<br />tended for public uses an ! L c a
<br />astployaas sad those having bttsinasa with the Lieansaa.
<br />And said term shall include such grading. approaches, planking, ditches, drain, tiling, drain boxes, culverts, cattle
<br />guards. wing fences and fences, gates with proper hinges end latches, raising of telegraph, telephone end signal wires
<br />for proper clearance. end sucR signals, bells, sign post and signs and other safety devices as shall ~n the Dartleular
<br />instance be required by the Licensor, or which may now or hereafter be prescribed and required by any law, State or
<br />Federal, or by any order o} any officer or regulatory board, State or Federal, having jurisdiction over such matter.
<br />The foregoing license is subject to all uutstanding superior rights <lnc!uding those In favor of telegraph and
<br />telephone companies, lessees of said right-o[-way and others! and the right of the Licensor to renew and extend the
<br />same.
<br />I. If the Licensor shall elect to coneruct said Drtvate way or a portion thereof, and shall ap patt(ylbe Lcenaee,
<br />the Ltcensee agrees [o pay [o the Llcer.sor. In advance, such sum of money estimated to be b , ss
<br />shall be necessary to construct such portion or all oC sold grivate way. Including the cost Of all necessary material
<br />and the ttnnsportetlan thereof end the cu.t of all labor and supArln [cadence. I( the Ltcensor shall elect not to construct
<br />said private way, the Licensee shall furnish materiel [or, end construct said private way a[ [he sole cost and expense
<br />of the Licensee. In such manner end according to such plans es the Licensor may deem best for the safety and proper
<br />protection of the [rack. roadbed and premises of the Licensor. I[ the amount to be advanced by the Licensee as
<br />herein before provided should he in excess of the amount ray aired, the excess shall be returned to the Licensee, IS such
<br />amount should not be suf (icient to cover the expense of work done by the icensor, the Licensee shall Dny each
<br />additional amount [o the Licensor on demand.
<br />:. The Licensee shall. at the sole cost and expense o} the Ltcensee, malnteln, repair, and reconstruct, whenever
<br />necessary end when ray aired so to do b}• the I-lcensor, said lirivetr way and all Its appurtenances In accordance with
<br />plans and In meaner satisfactory to the Licensor; sad at all times keep Bald private way In a good state o1 repatr;
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