Laserfiche WebLink
LandRail Agreement No. 406631 <br />Revision Date: March 22, 2010 <br />PRIVATE ROAD CROSSING LICENSE <br />THIS PRIVATE ROAD CROSSING LICENSE ( "License ") is made this — day of <br />December, 2010 by and between Great Western Railway of Colorado, L.L.C., ( "Licensor ") <br />and Lafarge West, Inc., ( "Licensee "). Licensor and Licensee may sometimes be referred to as a <br />"Party" or collectively as the "Parties." <br />RECITALS: <br />Licensee desires the construction, maintenance and use of a private road crossing more <br />particularly described in Licensee's. application marked Exhibit A (hereinafter "Road Crossing "), <br />consisting of gravel roadway approaches, a thirty (30) foot wide crossing surface and all <br />appurtenances thereto, including but not limited to any gates, cattle guards, stop signs, <br />identification signs, drainage facilities, on, over and across the Licensor's right of way, at Mile <br />Post 95 at or near the City of Greeley, County of Weld, State of Colorado, in the location <br />described in Licensee's application attached as Exhibit A and shown on the attached print <br />attached as Exhibit B. <br />Licensor is willing to grant Licensee a license to use Licensor's right -of -way subject to the <br />terms and conditions set forth below. <br />NOW THEREFORE, the Parties, intending to be legally bound, agree as follows: <br />ARTICLE I. LICENSOR GRANTS RIGHT <br />A. Licensor grants Licensee a license to use that portion of the Licensor's right -of- <br />way for a roadway and to cross its right of way and tracks at the location shown on Exhibit B <br />subject to the terms and conditions set forth herein. In consideration of the license and <br />permission granted herein, Licensee agrees to observe and abide by the terms and conditions of <br />this License and to pay to the Licensor a licensee fee of <br />for each and every year or fractional part thereof during the term of this <br />License or any renewal thereof and an administrative fee of <br />upon the execution of this License. Licensor will not execute the <br />License until it receives a signed original from Licensee, and in no event is entry under this <br />License permitted until Licensor has executed it. <br />B. The payment by Licensee of any sum(s) in advance shall not create an irrevocable <br />lease for the period for which the same is /are paid. Licensor reserves the right to periodically adjust <br />the rent herein at any time, by giving notice at any time, independent of the term of this License, of <br />such adjustment to Licensee at least thirty (30) days prior to the effective date of such adjustment. <br />Occupation of the Road Crossing by Licensee after such effective date shall be at such adjusted <br />rent. <br />Page 1 of 8 <br />