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8. Equipment. Lessee shall provide, at its own expense, all necessary equipment for <br />sampling, drilling and testing for, excavating, removing, crushing, screening, washing <br />and selling sand and gravel and producing concrete and asphalt products. Lessor agrees <br />that Lessee's equipment, that Lessee brings on to the property is, and will remain, the <br />property of the Lessee and that Lessor has no future right to ownership, whatsoever, or to <br />utilize said equipment during the term of this Lease. <br />9. Labor. Lessee shall have the sole responsibility to hire, oversee and compensate any <br />personnel necessary to operate any sand and gravel operation. <br />10. Water. Lessor will provide sufficient water for all of Lessee's operations on Lessor's <br />property to use at Lessee's sole discretion, provided however, that Lessor's agricultural <br />usage of said water will take priority over the water used in Lessee's operations. Lessor <br />agrees to cooperate, in any fashion necessary, to facilitate Lessee's effort to secure a <br />reliable source of water for Lessee's operations described in Paragraph 1 above. Said <br />cooperation may include, but is not limited to, diverting and providing surface (irrigation) <br />water and /or cooperating with Lessee in obtaining a commercial water well permit(s). <br />Any cost associated with permitting, diversion construction, pipeline construction and /or <br />drilling a commercial water well shall be the sole responsibility of Lessee. <br />11. Topsoil. Lessor shall retain ownership of all top soil. Said top soil shall be stockpiled at <br />a location of Lessee's choice within the Property boundaries and shall be reserved for use <br />in reclamation efforts. <br />12. Permits. Unless otherwise agreed between the parties, all mining permits from the <br />Colorado Division of Minerals and Geology and all special use permits and other permits <br />or authorizations required by state, county or local authorities to conduct sand and gravel <br />extraction and processing operations on Lessor's Property (the "Permits ") shall be <br />obtained and maintained in Lessee's name, and Lessee shall post any reclamation bonds <br />or undertakings required for such operations. Each party shall fully comply at all times <br />with those Permit obligations and conditions applicable to that party's operations on <br />Identification Number in Lessee's name. Both Lessor and Lessee agree to cooperate with <br />each other in any effort to maintain said permits. <br />13. Highway /Access Improvements. In the event that Lessees' operations warrant <br />improvements to the access point at County Road 213 and /or Highway 550, Lessee shall <br />be solely responsible for the cost and coordination of permitting, design and /or <br />construction of those improvements. If additional right -of -way is rteeessary to complete <br />said improvements, and Lessor owns property that is suitable for said right -of -way, <br />Lessor hereby agrees convey said property to Lessee and/or any applicable governmental <br />entity. <br />