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Blue Pit <br />i <br />i <br />i <br />5 <br />112 Permit Amendment <br />2. <br />Earth or Stone Products Land Value Gravel Productions Tax. Lessor will pay all real <br />property taxes levied upon the property. Lessee shall have the right to protest any change <br />In assessed value, and Lessor agrees to cooperate in any such protest or litigation, and to <br />sign any documents in connection therewith. As part of such payment of taxes; Lessee <br />shall be responsible for preparing and reviewing the annual declaration forms. Should <br />Lessor, for any mason, fail or refuse to pay such property taxes, Lessee may, In that event <br />pay such taxes assessed upon the (eased premises and apply such sums against future <br />royalties earned. <br />11. UTILITIES. Lessee shall be responsible for the payment of gas and electric <br />utilities associated with its operations. <br />12. INSPECTIONS. Lessee shall furnish Lessor with full, true and accurate <br />information In response to any.reasonable request in regard to the condition of the <br />premises and allow representatives oft,essorto enter upon and into all parts of the leased <br />Premises from time to time and at all reasonable times and hours for the purpose of <br />inspecting or'sunieying the same. <br />13. USE BY LESSOR.' Lessor retains the right to farm,. graze, irrigate and <br />otherwise use on a noninterference basis any portion of the premises not occupied by <br />Lessee's operation and will not intentionally interfere with Lessee's activities in anyway. <br />Lessee shalt have the sole right to determine the location and the orderly progressions of <br />its operation, provided, however, the present hayfield consisting of approximatelyfourteen <br />(14) acres shalt not be.mined during the First or Second phases of the mining operation as <br />those phases are outlined in the Mined Land Reclamation Permit. Lessee shall relocate <br />and /or erect fences to keep livestock out of the pit operation area, and If, in the opinion of <br />Lessee, locked gates are necessary on any access to operational areas, such gates shall <br />be installed and maintained by Lessee with keys provided to Lessor. For purpose of <br />allowing Lessor to utilize the leased property for agricultural purposes, within 30 days after <br />Lessor's written request, Lessee shall provide Lessor with a written plan that details the <br />Le'ssee's best estimate of the scope and the location of operations and reclamation <br />activities for the following 12 months. <br />14. ACCESS. Access to and from the plant site and operation area shall be as <br />provided in the Special Use Permit Ali access roads shall be installed and maintained by <br />Lessee, and both Lessee and Lessor may utilize such roads but only in a mannerso as not <br />. to interfere with each other's access. Lessee shall not close off or cause to be closed, the <br />Present access road to HigFiway 82 as it may presently exist or may be altered in response <br />to any change in the location of the highway. <br />15. WATER. Lessor has provided forwater rights for the leased premises through . . <br />District Court, Water division No. 5, Case.No. 87GW364 as shown on EXi-IIBIT B. Water <br />from the Basin Ditch will start as earl <br />• <br />possible in the fall for Lessee's y as possible in the spring and continue as fake as <br />operation. Lessee will furnish and provide all ditches, pipes <br />i <br />-1 , • . <br />Page 4 of. 4 <br />Blue Pit May 2014 N -9 <br />