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04/15/2005 12'00 FAK 3038576336 VILLANO BROS EARNS <br />EVOCABLE AND N,Q~VEXCLUSIVE ACCESS PEIIMI'P <br />f~ 005/006 <br />TF11S REVOCABLE ANI~ NONEXCLUSIVE ACCESS PERMTF (this "Access <br />Agreement"} is effective this /.S day of April, 2005 ("Effective Date"), by and between <br />Robert and Dean Villano ("Yilhuros'~, as permitter, whose address is c/o Robert Villaao, <br />13050 Weld County Road 10, Ft. Lupton, Colorado 80621 and Southwestern Investment Group, <br />LLC, ("Southwestern', as permittee, whose address is Southwestern Investment Crroup, LLC, <br />c% Mark Campbell, 333 West Hampden Avenue, Suite 510, Englewood, Colorado SO110. The <br />Villauos and Southwestern may be referred to herein wllectively as "Parties" or individually as <br />..PAY ., <br />RECITALS <br />A. The Villanos are owners of certain real property more particularly destaibed by <br />the legal description attached as Etthibit (`"Vilhrnos' Pmperty'~. <br />H. Southwcstorn desires to construct a groundwater recharge/mjection wcll with the <br />associated piping and support equipment ("Recharge Well's on the Villanos' Property. <br />C. The Villanos desire to gent Southwestern a revocable nonexclusive right of <br />access, as outlined in this Access Agreement, to wnstruct the Recharge Well. <br />AGI2EEIHENT <br />The aforementioned Recitals are incorporated herein and made a part of this Access <br />Agreement. For these reasons, and is consideration ofthe conditions, covenants, and agreements <br />setforth below, the receipt and sufftcienc~ of whiclk are- hereby ,aelmowledged by -the ViHanos <br />and Southwestern, the Porkies agree as follows: <br />1. Access For Southwestern: Southwestern, its employees, representatives, agents, <br />and authorized contractors (collectively the "AtTilIated Parties' are hereby permitted access, <br />with the right of ingress and egress onto the Property to construct one groundwater <br />recharge/igjecKion well and the associated piping ("Permitted Activities"}. The access granted <br />herein is nonexclusive and is completely revocable by the Villanos, at any time is the Villanos' <br />sole discretion. Southwestern agrees that the Permitted Activities conducted by Southwestern <br />and/or its Affiliated Parties shall be performed in accordance with the terms and conditions set <br />forth herein. <br />Z. Special Conditions Of Access: Southwestern agrees to the following terms of <br />access specifically applicable to the Permitted Activities, in addition to all other general terms <br />and conditions set forth herein: <br />a. Southwestern shall furnish to the Villanos, at no cost to We Villanos, <br />copies of all preliminary and final analyses and reports resulting from the Peaaitbed <br />Activities or from nay other activities conducted by it or its Affiliated Parties pursuant to <br />this Access Agreement, Southwestern shall, upon request, also famish to the Villanos, at <br />