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

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RECEPTION #: 2524166, BK 4981 PG 844 02/23/2010 at 10:04:01 AM, 5 OF 53, R $265.00 S $1.00 EXEMPT Janice Rich, Mesa County, CO CLERK AND RECORDER limit bodily injury and property damage coverage of not less that two million dollars ($2,000,000.00) per occurrence and, in addition, workers compensation and unemployment insurance meeting the requirements of applicable statutes, all of such insurance naming Fruita as an additional insured. Tavistock shall provide Fruita with a certificate of insurance showing such coverage in effect and providing Fruita with not less than thirty (30) days advance written notice of any cancellation, lapse or modification of such insurance. 5.4 Tavistock agrees to indemnify, defend and hold Fruita harmless from any and all claims, damages, losses or liabilities arising from or in connection with all work performed by Tavistock, including its employees, agents and contractors, on the Tavistock Railroad Spur Easement Area contemplated by this Agreement including, but not limited to, all costs and expenses paid or incurred by Fruita to investigate, defend or settle any claim indemnified by this Agreement. 6. Reaffirmation Easement Agreements. 6.1 Mutual Access Easement Agreement. Tavistock and Fruits hereby reaffirm all of the terms and provisions of and all of their rights, duties and obligations under the Mutual Access Easement Agreement, except as modified herein. Tavistock hereby acknowledges and agrees that all of the easements running to the benefit of the Tavistock Parcel under the Mutual Access Easement Agreement are on a non - exclusive basis. Tavistock acknowledges that the condition of the area of the access easement granted in favor of Tavistock on the Fruits Parcel under the Mutual Access Easement Agreement (the "Existing Tavistock Access Easement Area "), is currently unpaved with weeds and other vegetation growth. Fruita may, in its sole and absolute discretion, without any obligation hereunder or under the Mutual Access Easement Agreement to do so, make improvements to the Existing Tavistock Access Easement Area, including, but not limited to, laying asphalt or building a new road on such area. Fruita shall be under no obligation to maintain the Existing Tavistock Access Easement Area in either its current state or in its improved state (if Fruita elects to improve the Existing Tavistock Access Easement Area pursuant to the preceding sentence). Fruita and Tavistock hereby acknowledge and agree that they are not parties to the Services Agreement discussed in paragraph 16 of the Mutual Access Easement Agreement and paragraph 16 paragraph 16 of the Mutual Access Easement Agreement shall be deleted in its entirety. 6.2 Center Easement. Fruita does hereby reaffirm all of the terms and provisions of the Center Easement except as modified herein. Fruita agrees that it will cause the Center Easement to be equal to a width of not less than thirty (30) feet in connection with Fruita's land use application with the City of Fruita for a zone change and/or other land use approval. Tavistock agrees that the Center Easement shall be non - exclusive and at the time when and on condition that Fruita dedicates the land the Center Easement now encompasses to the City of Fruita as a public road not less than thirty (30) feet in width, or as a private road of the same width that can be used by Tavistock to the same extent and degree as the existing Center Easement, then Tavistock will vacate all rights to the Center Easement. Tavistock may, prior to vacating its rights as detailed in the sentence above, in its sole and absolute discretion and its sole cost and expense, without any obligation hereunder or under the Center Easement to do so, make improvements to the Center Easement, including, but not limited to, laying asphalt or building a new road on such area. 4