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LEASE AGREEMENT <br />THIS LEASE AGREEMENT (the "Lease ") is made and entered into by and <br />between CASTLE ROCK CONSTRUCTION COMPANY OF COLORADO <br />LLC, 6374 S. Racine, Centennial, Colorado, 80111 ( "Lessee ") and <br />Clapper Family LLP etal, 12435 CR3025, Stratton, Colorado 80836 719- <br />348 -5918 ( "Lessor "). <br />Lessor owns property located approximately 2,600 feet west of CR 23 and <br />south of CRU in the N 1/2 of Section 10, Range 48W and Township 9S. 15 <br />acres of this property is favorable for a Aggregate Borrow. Site and 15 acres is <br />favorable for a temporary Concrete Batch Plant location (property is set forth <br />on Exhibit A attached hereto) for use by the Lessee in construction of a <br />concrete paving project; <br />NOW, THEREFORE, it 'is mutually agreed that <br />1. Aaareaate Borrow and Concrete Batch Plant Operations For. <br />consideration described in paragraph two, the Lessors will permit Lessee and <br />the Related Parties. (defined below) to enter upon this. property for the <br />purposes of operating aggregate borrow and concrete batch*plant operations <br />thereon, together with transporting materials to and from: -.the property in <br />connection with said operations. All costs of such Operations shall be. borne <br />solely by Lessee. Upon termination of this Lease for any reason, Lessee at its <br />sole cost and expense shall cause the Property to be restored to substantially <br />the condition it was in prior to the Operations other than a depression created <br />by the removal of the borrow materials. In addition, Lessee shall be <br />responsible for and shall indemnify Lessor from and against any claims, <br />demands or other liability related to the Borrow Operations or Lessee's or the <br />Related Parties' actions or inactions with respect to real property which is <br />adjacent or nearby the Property (the "Adjacent Property "). This includes <br />without limitation damage to roadways, utilities, infrastructure or other <br />improvements as a result of or related to these Operations. <br />Lessee understands that <br />(a) Top soil is to be stripped (approximately 4 -6 inches depth), <br />salvaged and re- spread over the disturbed area; to the extent <br />this disturbs existing grassland, the Property shall be reseeded <br />with the same grasses. <br />(b) All equipment will be operated by Lessee and the Related <br />Parties and only in areas on the Property. acceptable to the <br />Lessor. <br />(c) Lessor is to be contacted to inspect the Property to ensure <br />that it has been restored to an acceptable condition prior to <br />removal of Lessee's equipment at the termination of this <br />Lease. <br />(d) The Lessee is aware of, and will abide by, the articles of <br />this Lease Agreement. r I,1 s 0Pr10+1 ;, c <br />(e) Lessee will sell Lessor roadbase for Cat the <br />conclusion of the construction project to the quantity <br />remaining after construction of the project. <br />