2016-09-19_REVISION - M2004061

• Permit No: M2004061
• IBM Index Class Name: REVISION
• Doc Date: 9/19/2016
• Doc Name: Application
• From: Linke Construction, Inc. / Everist Materials, LLC
• To: DRMS
• Type & Sequence: SO1
• Email Name: PSH
• Email Name: WHE
• Media Type: D
• Archive: No

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2.9 All of the above payments,notices and/or reports required to be given by Tenant �
herein shall be provided as agreed to without notice or demand from Landlord.
SECTION THREE
QUIET ENJOYMENT
3.1 Tenant shall peacefully and quietly have,hold,and enjoy the demised premises
for the agreed term. Tenant may construct and operate crushing,washing, screening equipment,
concrete plants,and/or asphalt plants upon the Premises to process mined materials. Tenant may
construct such buildings and install such materials and equipment as Tenant may deem useful in
connection with its operations. Tenant may place or construct an office, scale house, and other F
necessary buildings upon the Premises,but Tenant shall not construct,maintain or allow the
Premises to be used for residential purposes,including,but not limited,to homes,houses,
apartment,campers,living quarters or mobile homes which may be used as a temporary or
permanent residence. Tenant shall have the right to allow other persons to build, or place upon
the Premises, such plant or plants on the Premises,either temporary or for the term of this Lease i
for any purposes permitted herein.
SECTION FOUR f`f
SUBLEASE/ASSIGNMF,NTS/PROHIBITED USES f
4.1 Any assignment of this Lease must be approved,in writing,by Landlord,which f
approval shall not be unreasonably withheld and shall be based primarily on the operating
experience and financial ability of the proposed assignee. Permitting a sublease of a portion of
premises for mining and processing of materials,including a crusher plant, concrete plant,
asphalt plant,mix plant or the like,is not considered an assignment and needs no approval by
Landlord. In the event of any sublease,Tenant shall be at all tunes remain responsible for Rent
and Royalty payments and compliance with all other terms and conditions of this Agreement.
4.2 Tenant shall not use Premises for any purpose prohibited by the laws of the State
of Colorado,the United States or the rules,regulations of any government entity which has
issued permits for the operations conducted upon the Premises.
SECTION FIVE
OPERATING OBLIGATIONS
5.1 Between the Effective Date and the Commencement Date,Tenant will be
responsible for control of the Premises,for the operations occurring on the Premises,and for the
reporting and payments to Landlord,and,Tenant,by its separate agreement with LCI,shall cause
LCI to comply with the terms of the Current Lease except that LCI is to provide its reports and
payments to Tenant and not to make any reports or payments to Landlord.
5.2 Tenant accepts responsibility to control,or mitigate, dust on the roads and pit
areas.
5.3 Tenant shall maintain,repair and keep in working order the scales. Tenant will
keep all certificates current for the scales. All materials,prior to shipping, shall be weighed.