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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 Justin <br />and Barbara Rueb, 18358 CR25, Vona, Colorado 80861 719- 348 -5634 <br />( "Lessor "). <br />Lessor owns property located approximately 2,600 feet east of CR 23 and on <br />the south right' of way on I70 in the S '/z of Section 2, Range 48W and <br />Township 9S. 15 acres of this property is favorable for a Borrow Site and <br />rubble crushing location (property is set forth on Exhibit A attached hereto) <br />for use by the Lessee in construction of a concrete paving project; <br />NOW, THEREFORE, it is mutually agreed that <br />1. Borrow and Crushing Operations. For consideration described in <br />paragraph two, the Lessors will permit Lessee and the Related Parties <br />(defined below) to enter upon these property for the purposes of operating <br />dirt borrow and rubble crushing operations thereon, together with transporting <br />materials to and from the property in connection with said operations. All <br />costs of such Operations shall be borne solely by Lessee. Upon termination of <br />this Lease for any reason, Lessee at its sole cost and expense shall cause the <br />Property to be restored to substantially the condition it was in prior to the <br />Operations other than a depression created by the removal of the borrow <br />materials. In addition, Lessee shall be responsible for and shall indemnify <br />Lessor from and against any claims, demands or other liability related to the <br />Borrow Operations or Lessee's or the Related Parties' actions or inactions <br />with respect to real property which is adjacent or nearby the Property (the <br />"Adjacent Property"). This includes without limitation damage to road~ -4•ays, <br />utilities, infrastructure or other improvements as a result of or related to the <br />Borrow 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. <br />2. Royalty. For use of the land as described herein and purchase of the <br />dirt borrow material, the Lessee agrees to pay the Lessors the suns of <br />1 <br />