2012-03-07_PERMIT FILE - C2010088A ‎(20)‎

• Permit No: C2010088A
• IBM Index Class Name: Permit File
• Doc Date: 3/7/2012
• Doc Name: Right of Entry and Water Rights
• Section_Exhibit Name: Exhibit 01
• Media Type: D
• Archive: Yes

RECEPTION #: 2524166, BK 4981 PG 844 02/23/2010 at 10:04:01 AM, 4 OF 53, R
$265.00 S $1.00 EXEMPT Janice Rich, Mesa County, CO CLERK AND RECORDER
performed by Fruita, including its employees, agents and contractors, to the Fruita Railroad
Spurs Easement Area contemplated by this Agreement including, but not limited to, all costs and
expenses paid or incurred by Tavistock to investigate, defend or settle any claim indemnified by
this Agreement.
4. Grant of Easement to Tavistock. Fruita hereby grants, dedicates and establishes a
nonexclusive easement in favor of Tavistock, its contractors, subcontractors, agents, employees,
licensees, successors and assigns on, over and upon the Tavistock Railroad Spurs Easement Area
for the use, operation, maintenance, repair, construction, addition and relocation (pursuant to
Section 5 below) of the Tavistock Railroad Spur.
5. Construction of Tavistock Railroad Spur. Tavistock shall have the right to
construct at its sole cost and expense and thereafter operate, maintain and repair the Tavistock
Railroad Spur within the Tavistock Railroad Spurs Easement Area subject to the conditions of
this Agreement, as follows:
5.1 Tavistock shall first submit to Fruita all plans and specifications (the
"Tavistock Plans ") for the Tavistock Railroad Spur for the review and approval by Fruita,
which approval shall not be unreasonably withheld. Fruita shall have a period of thirty (30) days
to complete the review of the Tavistock Plans. Failure to object to the Tavistock Plans on or
before thirty (30) days shall be deemed approval thereof. Notwithstanding approval of the
Tavistock Plans, all relocations, additions or modifications to or of the Tavistock Railroad Spur
shall comply with present and future requirements of the Railroad Company, and all federal,
state and local laws and regulations.
5.2 Tavistock shall be solely responsible for the commencement and
completion of all work contemplated by the Tavistock Plans in substantial conformity with the
Tavistock Plans at its' sole cost and expense. No work shall unreasonably interfere with Fruita's
use and enjoyment of or ingress and egress to the Fruita Parcel. Tavistock may commence
construction of the Tavistock Rail Spur, in accordance with Section 5.1 and all federal, state and
local laws and regulations, at any time after January 1, 2011 but shall only use such spur for the
egress of gravel products mined on the Tavistock Parcel by Harold Elam or a company owned by
or controlled by Harold Elam until the earlier date of eighteen (18) months after Fruita shall have
commenced use of the rail line that extends to the Tavistock Railroad Spur Easement Area (as
shown in Exhibit "D "), or four (4) years from the date of this Agreement. In the event that
Tavistock constructs those portions of the modifications to the Fruita Railroad Spurs that are
necessary to connect the Tavistock Rail Spur to the Fruita Railroad Spurs and Fruita desires to
use the same, then Fruita shall reimburse Tavistock for those expenses incurred to construction
such modification to allow for the connection. Notwithstanding anything to the contrary,
Tavistock can only construct those portions of the modifications to the Fruita Railroad Spurs that
are necessary to connect the Tavistock Rail Spur to the Fruita Railroad Spurs so long as the
construction of such portions follows the same Fruita review procedures and approval rights
contained in Section 5.1 and such portions shall comply with present and future requirements of
the Railroad Company, and all federal, state and local laws and regulations.
5.3 Tavistock shall purchase and maintain commercial general liability
insurance from insurance companies rated "AA" or better by A.M. Best with combined single