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MINERAL LEASE & RIGHT TO ENTER <br />THIS LEASE AGREEMENT, made this 17 th day o!Pebruary, 2010 <br />By andbetween�AMACO, L P LA Colorado Limited Partnership <br />Hereinafter called the Lessor, and LINCOLN COUNTY Hereinafter called the Lessee. <br />The said Lessor is the owner of the following described real property located in the County of <br />Lincoln State of Colorado. <br />1. In consideration of the mutual covenants hereon contained, the said Lessor does, by these <br />presents lease and let for the purpose hereafter mentioned, under all lawful warranties <br />unto said Lessee the mineral interest described in paragraph 2 hereof. <br />2. The Lessee shall have the right to mine, extract, remove and take from the above <br />described real property all the SAND AND GRAVEL, (hereinafter called minerals), in <br />and under said real property, with the right to remove the topsoil or overburden above <br />said minerals and also Lessee shall have the right to use necessary space for the <br />construction and maintenance of anything required for the extraction and/or handling of <br />minerals and space for stockpiling such minerals on the premises all without any payment <br />in addition to the royalties and other payments herein specifically provided for. <br />3. The Lessee shall have, during the term of this Lease, the unlimited right of ingress and <br />egress for the removal of said minerals mined, extracted, removed and taken from the <br />premises. <br />4. This lease shall continue in effect fro"Ma r c_h__1_,_ 2 01 30 Ma r c 1 2 0 2 Q and <br />may be extended by the Lessee for an additional period of rive (5) years, upon written <br />notice of such extension given to the Lessor ten day before the expiration of said lease <br />agreement. <br />5. The Lessee shall pay the Lessor for all minerals mined and taken form the said premises <br />herein leased, a royalty of $1.$0 per single axle dump truck load or $4,20 per tandem axle <br />dump truck load, or $5.40 per semi load. <br />6. The Lessee shall pay all taxes assessed or that may be assessed against the premises <br />herein leased during the continuances of this Lease. <br />7. Lessee shall have over the aforesaid property only these rights intimately concerned with <br />the mining and removal of said minerals including, without limitation, the right to <br />stockpile said minerals on the above - described real property or other lands adjacent <br />thereto and owned by the Lessor but within the boundary of the leased area. <br />8. Lessee will revegetate all damaged to the leased area due to the mining operations and <br />upon completion of the operation all affected areas will be reseeded with a native grass <br />seed mixture recommended by the Natural Resources Conservation Service and will have <br />the right to fence the affected area in after revegetation to allow undisturbed growth if <br />needed. <br />9. The Lessor agrees, upon termination of the Lease Agreement by the Lessee of the <br />property herein above described, to assume full responsibility for the condition of such <br />property, and further agrees to hold harmless from any and all claims by, or liability to, <br />third parties arising after the termination of the Lease Agreement. <br />10. The Lessee is to provide compensation to the Lessor for any damages to permanent man- <br />made structures, which where the result of mining the affected land. <br />