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mining-related facilities. Such easement shall be for so long as Grantee is conducting sand and <br />gravel processing operations or reclamation operations on the Benefited Property; and <br />c. The right of Grantee to enter upon the Property and to transport materials, supplies, <br />equipment and personnel across the Easement Premises for the purposes described in pazagraphs <br />a and b above. Grantee shall have the further right to use and store construction equipment on <br />the Easement Premises while construction operations aze occurring. <br />The rights granted under pazagraphs a., b. and c., above, are collectively referred to as the <br />"Easements." <br />2. Grantor's Covenants. Grantor covenants and agrees that: <br />a. Grantor will not cons I ct or install permanent structures or improvements on the <br />Easement Premises which may in any way interfere with or limit the easement rights of Grantee <br />to operate present and future reservoir facilities on the Benefited Property. <br />b. Grantor will not grant i additional easements or other rights to use of the Easement <br />Premises which may in any way limit the exercise by Grantee of its easement rights hereunder to <br />operate present and future reservoir facilities on the Benefited Property and will not make any <br />alterations of the Easement Premises that interfere with Grantee's easement rights hereunder. <br />• c. Notwithstanding Pazagraph 7, below, Grantor shall not voluntarily sell, assign, <br />dedicate or convey the Easement Premises or any portion thereof or any interest therein to any <br />federal, state or Local governmental authority, special district or quasi-governmental agency or <br />organization without the prior written consent of the owner(s) of fifty-one percent (51%) or more <br />of the real property located within~the Benefited Property. <br />3. Rislrt of First Refu <br />of this Agreement set forth in the <br />to lease, purchase or otherwise ac <br />and on terms that Grantor is wil <br />offer and a copy of the offer, an <br />notice to elect to match the offer, <br />purchase or other acquisition e <br />accordance with such offer or a; <br />preemptive right hereunder, Gr <br />contemplated in the offer on tern <br />by Grantor, free and clear of Gr. <br />failed to exercise the right. If no <br />right of first refusal shall be rep <br />owned by more than one (1) owr <br />and may be exercised on a prom <br />determine among themselves. <br />4. Grantee's Covenat <br />(06/24/04) <br />.al. If, at any time before the date that is 50 years after the date <br />initial pazagraph of this Agreement, Grantor receives an offer <br />luire the Easement Premises or any portion thereof, for a price <br />ing to accept, then Grantor shall give Grantee notice of such <br />t Grantee shall have forty-five (45) days after receipt of such <br />and Grantee and Grantor shall thereafter consummate a lease, <br />the rights to the Property or relevant portion thereof in <br />they may otherwise agree. If Grantee does not exercise its <br />sttor shall thereafter be free to enter into the transaction <br />s no less favorable to Grantor than those submitted to Grantee <br />ntee's preemptive right for a period of 90 days after Grantee <br />uch transaction is consummated within the 90-day period, this <br />'ved in Grantee: In the event that the Benefited Property is <br />~r, the right of first refusal shall be offered to all such owners <br />a basis by such owners or in such other manner as they shall <br />Grantee covenants and agrees as follows: <br />-2- <br />