2009-09-02_REVISION - M1998022 (4)

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EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement") is made as of this _ day of May, 2009, by and between Gallegos and Associates, LLC, a Colorado limited liability company ("Grantor") and Gallegos Masonry , Inc., a Colorado corporation ("Grantee"). RECITALS A. Grantor owns the real property described on Exhibit A attached hereto (the "Property"). B. Pursuant to an agreement with Grantor's predecessor in interest, Robert Conger, Grantee has operated a quarry on the Property and has constructed and used one or more roads and staging areas on the Property (the "Improvements"). The term of the agreement between Grantor and Grantee has expired or will expire, but Grantee has acquired or may acquire certain rights to operate a quarry on United States Forest Service property ("FS Property") adjacent to the Property. Grantee requires continued use of the Improvements for its quarry operations on such neighboring FS Property. C. Subject to the terms and conditions set forth herein, the parties have agreed to enter into this Agreement to allow Grantee's continued use of the Improvements for the term set forth herein, for its future quarry operations. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee, for themselves and their respective successors and assigns, agree as follows: 1. Grant of Easement. Grantor grants to Grantee, for the use and benefit of Grantee and its permittees, an exclusive easement for ingress and egress upon, over and across the roads depicted on Exhibit B, for the purpose of accessing the FS Property, quarrying stone therefrom and transporting such quarried stone from the FS Property and an exclusive easement to use the staging areas depicted on Exhibit B in connection with Grantee's quarry operations (collectively the "Easement"). Notwithstanding the aforementioned to the contrary, Grantor retains the personal right to use the Easement provided that such personal use does not unreasonably interfere with Grantee's use. 2. Term. The Easement granted in this Agreement shall commence upon Grantee's receipt of the required Forest Service, State of Colorado and Gunnison County permits (collectively the "Permits") for a quarry operation on the FS Property ("Commencement Date") and shall expire on the earlier of five (5) years from the date thereof or the date Grantee ceases quarry operations requiring the use of the Improvements. Any extensions beyond the initial term shall be subject to the mutual Easement Agreement Red r415-09