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(3) <br />When Licensee must transport unusually large or heavy equipment <br />to and/or from the Licensee's mining property and such equipment, <br />because of its size and/or weight, cannot be safely transported on <br />and over the facilities roadway, provided that Licensee gives the <br />City at least 24 hours prior written notice of its intention to <br />transport such unusually large or heavy equipment on Tunnel <br />Drive. <br />11. Prior to the construction of the facilities, two thirty inch (30 ") raw water supply <br />lines of the Canon City Water Department must be replaced and encased in concrete or in steel <br />sleeves, as determined by the City's Director of Public Works. Licensee shall pay one -half of the <br />cost of replacing the two water supply lines (estimated at $40,000) and the entire cost of encasing <br />the two replaced water supply lines (estimated at an additional $40,000). Licensee shall advance <br />to the Canon City Water Department the sum of $80,000 prior to the commencement of the work <br />described in this paragraph. Once the total of Licensee's share of the cost of improvements <br />described in this paragraph is known, the difference between such actual costs and the $80,000 <br />advance shall be determined with such difference being paid by or refunded to Licensee, as the <br />case may be, within thirty (30) days following such determination. The Canon City Water <br />Department will pay one half of the cost of replacing the two water supply lines, but shall incur <br />no other costs related to the construction, maintenance, repair and removal of the facilities. <br />12.(a) As additional consideration for this agreement, Licensee agrees to design and <br />construct improvements to the existing access road to the Canon City Water <br />Treatment Plant ( "access road ") which will intersect with the facilities roadway at <br />a location that is approximately 1,000 feet west of the intersection of the facilities <br />roadway and Tunnel Drive. At a minimum, Licensee shall provide and place a <br />sufficient quantity of suitable fill material at and near the intersection of the said <br />access road and the facilities roadway so as to raise the grade of the access road to <br />a level that is compatible with the finished grade of the facilities roadway. Design <br />standards, plans and specifications contemplated under this paragraph 12 shall be <br />subject to the review and approval of the City Engineer. <br />(b) <br />(c) <br />The design and construction of adequate drainage structures, as needed to protect <br />the integrity and safety of the water treatment plant access road, shall also be a <br />part of the Licensee's requirements under this paragraph, but Licensee shall not be <br />obligated to pave any portion of the access road with the exception that Licensee <br />shall install an asphalt transition mat where the access road intersects with the <br />facilities roadway. <br />Licensee shall have no obligation to provide routine maintenance on the access <br />road, but will have the obligation to cure any defects in the design or construction <br />of roadway improvements made at and near the intersection of the access road and <br />facilities roadway, should any such defects occur within two years from the date <br />the access road improvements are constructed by Licensee and accepted by the <br />City. <br />5 <br />