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112 Permit Amendment <br />ZA. <br />ilg <br />1 conditions thereof shall be incorporated into this Lease and Lessee shall comply with all <br />i f provisions thereof. In the event such additional Special Use Permit Is not granted for any <br />reason, this Lease shall continue in full force and effect for those portions of the Blue Pit <br />contained in the.original above referenced Special Use Permit. <br />I 4. ROYALTY PAYMENTS. <br />i <br />a. • PRICE PER TON. During the first year of the Lease, Lessee agrees to <br />pay to Lessor as royalty the sum of per ton for each and every ton of <br />} sand, gravel, topsoil, dirt, and related products removed from the leased premises. <br />b. ADJUSTMENT OF ROYALTY. The per -ton royalty for each of the years <br />after the first year shalt be the royalty for the Immediately preceding year multiplied by a <br />fraction, the numerator of which shall be the Index Figure (as defined below) for the <br />immediately preceding calendar year; and the denominator of which shall be the Index <br />Figure for the calendar year one year prior thereto. <br />INDEX FIGURE. The term "Index Figure, means the consumer price <br />i <br />index designated U.S. City.Average - All Urban Consumers, as published by tho U.S. <br />i Department of Labor's Bureau of Statistics, or any official replacement thereof. <br />d. ACCOUNTING. All material removed shall be weighed. Lessee agrees to <br />keep accurate books of account (including weight tickets) showing the operations and <br />i particularly the amount of material removed, and to permit representatives of Lessor to <br />examine such books of account at reasonable times during business hours. <br />5. RECLAMATION. Lessee agrees g s to keep, hold and stockpile sufficient dirt and <br />topsoil to perform the reclamation activities required under Mined Land Reclamation Permit <br />I ? No. M -1981 -207, as amended, and, in particular, replace 2.5 feet of topsoil free of rock on <br />i level areas. <br />i <br />6. FACILITIES. Lessee shall have the right to erect buildings, shops, scales; and <br />i ! <br />utility lines as needed for its operation. Lessee may install, maintain, and replace any and , <br />I all machinery, equipment; tools and facilities, which it may reasonably desire for the use in <br />i; connection with its operations on the leased premises. Lessee shall pay in full for all labor <br />' performed upon or material furnished to the leased premises at the Instance or request of <br />i the Lessee, and shalt keep the whole thereof free and clear of any and all liens. of <br />' <br />mechanics or materialmen. At the:end of the Lease term Lessee shalt.havethe rightto all <br />' property it has previously installed, on the premises and shall remove all such property, <br />I' ( including but not limited to buildings, shops, scales and utility lines, from the leased <br />Property described In EXHIBIT A at Lessee's sole cost and expense; provided however, <br />with regard to the maintenance building constructed as a result of the oral contract <br />between Lessee and Lessor: on,or about April 5, 1993, at the end of the Lease term, <br />Lessor.shalf have the option to. require Lessee to remove the building .from the leased <br />Page 2 of. 2 <br />Blue Pit May 2014 N -7 <br />