7. Warm Springs IRSC TemporaryRoadUsePermit.pdf

5460 2/17/2010 R2 Revision

TEMPORARY ROAD USE PERMIT

Warm Springs Owners and Water Mutual Association fWarm Springs HO A) of ICQ High Creek Road.

Fairnlav. CO 80440. represented by Graham Fowler of 1665 High Creek Rd. Fairolav. Colorado 80440 is herein after called Grantor, grants to the United States of America, acting through the Forest Service, Department of Agriculture, hereinafter called Grantee, a temporaiy permit to occupy and use the following described lands in the County of Park. State of Colorado:

SOUTH Vz, SECTION 24, TOWNSHIP 10 SOUTH, RANGE 78 WEST, 6"' PRICEPAL MERIDIAN and

SECTION 19, TOWNSHIP 10 SOUTH, RANGE 77 WEST, 6"' PRINCIPAL MERIDIAN.

HIGH CREEK ROAD (-^706 feet), AHRENS COURT (-566 feet), OUT LOT ROAD (-158 feet), and CONSTRUCTION ROAD (-188 feet) of the WARM SPRINGS SUBDIVISION.

This permit authorizes Forest Service administrative use of existing roads across private lands represented by Grantor. The right-of-way for such authorized use is an estimated 6430 feet in length. 30 feet in width. 15 feet on each side of the centerline. containing aonroximatelv 4.56 acres, with such additional width as required for accommodation and protection of cuts and fills, as described on attached EXHIBIT A attached hereto, the centerline of said road as constructed is hereby accepted by Grantor and Grantee as the true centerline of the premises granted.

The purpose of this permit is to authorize access to National Forest System (NFS) lands by the Forest Service, its personnel, contractors, representatives, or other authorized agents, for the purpose(s) of implementation of hazardous fuels reduction project known as Warm Springs Fuels Mitigation Project. The project will reduce risk of catastrophic fire within the project area by reducing the crown fire hazard and create a more open forest that is more characteristic of historic forest conditions and more resilient to insect and disease damage. Project will include road use for Forest Service administrative purposes and Contractor access for product harvest and hauling from NFS land.

This permit is granted subject to the following terms and conditions:

PROJECT SPECIFIC CLAUSES.

1. Before any use of the authorized roads in this Temporary Road Use Permit, a pre-meeting must be conducted with the representatives of the Forest Service, hauling contractor, and Warm Springs HOA.

2. Construction road gate, located adjacent to the main entrance of the Warm Springs subdivision (Exhibit A), will be the only means of ingress and egress for vehicles and/or trailers (or both) whose Gross Combined Vehicle Weight (GCWR) exceeds 35,000 pounds.

3. Construction road gate, when not in immediate use, will be secured closed.

4. Haulage, through the Warm Springs subdivision, must be restricted to Monday thru Friday (excluding Holidays) from 6am to 6pm.

5. Any vehicle and/or trailer (or both) in connection with Warm Springs Fuels Mitigation Project will be restricted to a speed limit of 20mph or less when traversing through the Warm Spring subdivision.

6. Routine maintenance (grading) of authorized roads should be conducted only by the approved contractor of the grantor; except for post-contract maintenance as outlined in the Warm Springs Integrated Resource

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Stewardship Contract (IRSC). Post-contract road maintenance will adhere to Warm Springs HOA road maintenance standards and guidelines. All costs associated with road maintenance will be wholly responsible by those contracting or conducting road maintenance.

7. Snowplowing of authorized roads should be conducted by the approved contractor of the grantor; with the exception of those roads that are not currently in the Warm Springs subdivisions plowing routine (Exhibit A). All costs associated with snowplowing will be wholly responsible by those contracting or conducting snow plowing.

8. To protect utility services (power, telephone, etc.) in the Warm Springs subdivision, a map of all utilities, within the authorized areas (Exhibit A) will be disseminated by Forest Service representatives to the hauling contractor.

9. Vehicles and/or trailers (or both) whose Gross Combined Vehicle Weight (GCWR) exceeds 10,000 pounds will be restricted from use when conditions are present or anticipated as such road or other damage would be created from their use. Drivers should be cognizant of present and future conditions (weather, road, etc.) and make appropriate decisions regarding theirs and others safety and for the protection of surrounding land(s) and all private properties.

10. Any vehicle and/or trailer (or both) in connection with Warm Springs Fuels Mitigation Project must stop, regardless of condition, at the junction of the Ahrens Court and High Creek Roads when proceeding from Ahrens Court onto High Creek Road.

11. Safety signage will be temporarily installed, maintained, and removed, within the authorized routes and with the HOA's approval, prior to, throughout, and after project implementation to reflect current project conditions.

MANDATORY CLAUSES, UNLESS OTHERWISE SPECIFIED.

1. This permit is subject to all valid rights existing on this date.

2. This permit does not convey any right, title, or interest in real property, and does NOT provide public access to National Forest System (NFS) lands.

3. Grantee claims no interest in the premises by virtue of this permit, nor through occupancy or use hereunder.

4. Grantor agrees that valid rights held by Grantee in the premises, if any, shall not be extinguished, relinquished, terminated nor diminished by virtue of this permit.

5. Grantee shall fully repair all damage to road, other than ordinary wear and tear, and provide routine maintenance commensurate with use by Grantee in exercising the privileges granted by this permit.

6. Grantee shall prevent unnecessary damage to Grantor's adjacent land, timber, soil, water and other resources, and improvements. Grantee shall ensure its operations on Grantor's land comply with applicable federal and state laws, regulations, and standards regarding resource protection, fire prevention and control, slash disposal, and noxious weed prevention and control.

7. The United States liability to the Grantor shall be governed by the Federal Tort Claims Act.

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8. This permit shall terminate December 31'1, 2025, unless earlier terminated by Grantor for breach of any terms or conditions herein, or upon written request by Grantee. Provided however, Grantor shall provide Grantee notice in writing a minimum of sixty (60) days prior to termination for breach and shall provide Grantee with reasonable opportunity to satisfactorily cure the breach.

Grantee's exercise of any privileges authorized by this permit shall constitute acceptance of all terms and conditions herein.

GRANTOR(S)

By: 03-11-Z DZ.2..

Date

By: 4 3 (/

D Grantor

This permit is hereby accepted subject to all terms and conditions herein.

UNITED STATES OF AMERICA

By:

DIANA M. TRUJILLO

Forest and Grassland Supervisor Pike-San Isabel National Forests &

Cimarron and Comanche National Grasslands

Graham Fowler - 720-635-9464

Date

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Temporary Road Use Permit it.?- N

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COLORADO

Park County

Road Use Permit Information LegendDiscaimer • ..itt

The uSDA Focesi Serv te ntv e'P'e88«d Of (mpi-ed regard^g xts data displayed on tMs rr^p. and reserves :ne r^M '.o cooed update mcdrfy, c fep4ace tn rformaion without nctficatioo r yj Warm Springs SubdivisionGrantor Name<s): Warm Springs HOA Legal Description See Temporary Road Use Permit Residence Tract/Lot

Warm Springs Sut>division Road Number(s); N/A

Expiration Date: 12/31/2025

Road Permitted Yes

No I I Prate I I US Forest Service Park

Snowplowing Permitted Yes

Map AuttKV f tanosco J. CaatiUo, Mv Creadon Date 2/7/2022

Exhibit A - Map

Date2_af_date: 3/16/22