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LICENSE AGREEMENT <br />(ACCESS ROAD TO MINING PROPERTIES) <br />This agreement is made on Yt 1 2.. , 1997, between the City of Canon City, a <br />Colorado home rule municipal corp ration, hereinafter called "City", and Tezak Heavy <br />Equipment Company, Inc., a Colorado corporation, hereinafter called "Licensee", witnesseth: <br />The City, insofar as it has the legal right and its present title permits, and in consideration <br />of the covenants and conditions hereinafter stated on the part of the Licensee to be kept and <br />performed, hereby permits the Licensee to construct, use, maintain, and ultimately remove a <br />certain asphalt roadway with adequate gravel base and shoulders and appropriate drainage <br />structures, hereinafter called the "facilities." Such facilities shall be located within a certain <br />right-of-way area more particularly described at Exhibit A, attached hereto and incorporated <br />herein, hereinafter called the "City property" or "premises." Said facilities shall be constructed in. <br />accordance with construction plans and specifications submitted by Licensee to and approved by <br />the City Engineer of the City of Canon City, collectively incorporated herein as Exhibit B and by <br />this reference made a part of this agreement. The license, however, shall be under and subject to <br />the following terms, covenants, and conditions, which are hereby accepted and agreed to by the <br />Licensee, to wit: <br />1_ The Licensee shall pay to the City upon the execution of this agreement, the sum <br />of $ 1,000.00 as reimbursement for the costs and expenses incident to the preparation of this <br />_agreement. <br />2.(a) The facilities shall be located, constructed and maintained in exact accordance <br />with the approved construction plans. No departure shall be made at any time <br />from the plans except upon permission in writing granted by the City Engineer, or <br />his designee. No later than thirty (30) days after construction of the facilities has <br />been completed and the City Engineer, or his designee, has inspected and <br />approved such facilities, Licensee shall furnish City "as built" drawings showing <br />the full.plan and profile of the facilities. Such "as built" drawings shall also <br />accurately reflect the locations of all water lines and other facilities owned and <br />maintained by the Canon City Water Department and those of any other utility <br />whose facilities are located within the premises described at Exhibit A. <br />(b) <br />The work of constructing, maintaining, or removing the facilities shall be done <br />under such general conditions as will be satisfactory to and approved by the City <br />Engineer, or his designee, and as will not interfere with the proper and safe use, <br />operation and enjoyment of the property of the City and the water treatment plant <br />and facilities of the Canon City Water Department. <br />3. If the Licensee desires or is required, as herein provided, to revise, renew, add to <br />or alter in any manner the previously- mentioned facilities, it shall submit plans to City and obtain <br />the written approval of the City Engineer before any work or alteration of the structure is <br />performed and the terms and conditions of this agreement with respect to the original <br />