2002-11-07_REVISION - M1994097 - Laserfiche WebLink

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i uem tam seism else ueiii earn sisal m sails iimi Iasi 671380 03/02/2001 01e24P EASE C KRUSE 2 of 4 R 20.00 D 0.00 N 0.00 RECORDER MTSE CO 6. The easement is nonexclusive as between Grantors and Grantee, both of whom, together with their agents, employees, contractors, and invitees, shall be authorized to make use of the easement. It is further agreed that Uncompahgre Valley Water Users Association shall have continued rights of access for the purposes of maintaining the supply and waste ditch that traverses the eastern property boundary of Pazcel A. 7. This easement agreement shall benefit Parcel B for the "Life of the Miae." The term "Life of the Mine" shall be defined to mean that period of time, following which, all gravel deposits found within the boundaries of Parcel B, as defined herein, have been depleted of available sand, gravel, and rack deposits using typical extraction methods and reasonable diligence in production. The Life of the Mine shall extend for a reasonable period following exhaustion of the gravel deposits until such time as reclamation activities are complete and the reclamation bond posted with the Colorado Division of Minerals and Geology is released. It is the intent of the parties that the easement agreement shall continue until the mineral resource is extracted. ' a. Upon the termination of the Life of the Mine, the easement shall terminate and the road shall be the sole property of the Grantors, their successors, or heirs. 8. Grantee shall pay the sumo ~er yeaz for the use of the easement during the Life of the Mine. to payment shall be due in full within thirty (30) days of the execution of this agreement and annually, on that date, thereafter. 9. If, prior to the expiration of the Life of the Mine, Grantee elects to abandon the easement, it may do so upon delivery of written notice of abandonment to Grantors not less than one hundred eighty (180) days prior to the payment due date in Section 8, above. All further obligations under this agreement shall terminate upon abandonment. 10. If any payment due under this easement agreement is not made when due, or in the event that other violations of the agreement occur, Grantors may elect to terminate this agreement. A condition precedent to any termination shall be delivery to Grantee of a written notice of default describing the default and providing Grantee a period of not less than thirty (30) days from the date of delivery of notice in which to cure or abate the violation. Payment in full or abatement of the default within the thirty (30) day cure period shall restore all rights, privileges, and obligations under this easement agreement. If the violation is not cured, the Grantors may elect to terminate this easement agreement by legal process. Page 2 of 4