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3. Recognition and Acknowledgement of Non-Exclusive Easement. <br />(a) LGE recognizes the existence of LBDC's historic, non-exclusive, easement <br />("Easement") across the Site Location, to operate and maintain the Structure, including its <br />appurtenant facilities, in the same manner in which LBDC has historically operated and <br />maintained said Structure, which Easement lies within its historic zone of operation of thirty <br />feet (30 fr.) on either side of the centerline of the existing Structure as shown on the <br />"ALTA/AGSM Land Title Survey, dated 06-14-04, prepared by King Surveyors Inc., for LGE <br />(Project No. 2004082) ("Survey"), a copy of which Survey is attached hereto as Exhibit A and <br />made a part hereof. <br />(b) LBDC acknowledges that its historic Easement to operate and maintain the <br />Structure across the portion of the Site Location shown on the Survey is limited to its historic <br />zone of operation not to exceed thirty feet (30 fr.) on either side of the centerline of the <br />existing Structure as shown on the Survey. <br />(c) LBDC acknowledges that its historic Easement is non-exclusive, and that its <br />use and enjoyment of the Easement may be concurrent with or subject to the rights of all other <br />persons and entities who may also have acquired a legitimate, non-exclusive easement, whether <br />by prescription or otherwise, to use certain portions of the Easement, as evidenced by the <br />existence of electric utility lines adjacent to the Structure, the continuous use of the adjacent <br />common service road by the Applicant and/or other owners of the Property, the owners of the <br />mineral estates of this Property, and the owners of the surface and mineral estates of certain <br />adjoining properties, and each of their respective predecessors in title and each of their <br />respective successors and assigns. <br />(d) Nothing contained in this Agreement is intended or shall be deemed to <br />enlazge the historic, non-exclusive easement of LBDC for the operation and management of the <br />Structure and its appurtenant facilities. Further, nothing in this Agreement shall prohibit or <br />restrict the right of LGE to grant to third parties non-exclusive easement rights to use the area <br />containing the Structure in cornmon with LBDC provided that such use does not unreasonably <br />interfere with the safe and effective operation, maintenance, and access of the Structure by <br />LBDC. <br />4. Special Defmitions. As used in this Agreement, the following terms shall have <br />the following meanings: <br />(a) "Permanent Improvement" shall mean any improvement to the Sttvcture, <br />Easement, and/or Setback Area that is intended to retrain in place following completion of all <br />of Applicant's mining and reclamation activities and for which the owner of the Site Location <br />shall, per the terms of this Agreement, have a continuing obligation for the maintenance and <br />continued safety and stability of said improvement. <br />(b) "Non-Permanent Improvement" shall mean any improvement to the <br />Structure, Easement, and/or Setback Area that is intended to remain in place only during the <br />Mining Period and/or Reclamation Period. ANon-Permanent Lnprovement may be removed <br />at any time, or may be replaced by or approved as a Permanent Improvement at any time. <br />FL-LBDCAgreement-Sep2004.DOC 3 <br />