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i <br /> I <br /> ! conditions thereof shall be incorporated Into this Lease and Lessee shall comply with all <br /> provisions thereof. In the event such additional Special Use Permit-!is not granted for any <br /> reason,this Lease shall continue in full force and effect for those portions of the Blue Pft <br /> contained In the original above referenced Special Use Permit. <br /> i <br /> 4. ROYALTY PAYMENTS. <br /> i a. PRICE PER TON. gyring the first dear of the Lease, Lessee agrees to <br /> pay to Lessor as royalty the sum a _ Oper ton for each and every ton of <br /> sand,gravel,topsoil,dirt, and related products removed from the leased premises. <br /> b. ADJUSTMENT OF ROYALTY. The per-ton royalty for each of the years <br /> after the first year shelf be the royalty for the immediately preceding year multiplied by a <br /> fraefion, the numerator of which shall be the index Figure (as defined below) for the <br /> Immediately preceding calendar year, and the denominator of which shall be the Index <br /> Figure for the calendar year one year prior thereto. <br /> c. INDEX FIGURE. The term "index Figure" means the consumer price <br /> Index designated U.S. City Average -All Urban Consumers, as published by the U.S. <br /> Department of Labor's Bureau of Statistics, or any official replacement thereof. <br /> I d. ACCOUNTING. All material removed shall be weighed. Lessee agreds to <br /> I keep accurate books of account (including weight tickets) showing the operations and <br /> I particularly the amount of material removed, and to permit representatives of Lessor to <br /> examine such books of account at reasonable times during business hours. <br /> 5. RECLAMATION. Lessee agrees to keep,hold and stockpile sufficlent dirt and <br /> r topsoil to perform the reclamation activities required under Mined Land Reclamation Permit <br /> ' No.M•-1881-207,as amended,and,in particular,replace 2.5 feet of topsail free of rock on <br /> i level areas. <br /> i 6. FACIU71 ES. lessee shall have the right to erect buildings,shops,scales,and <br /> utility lines as needed for its operation. Lessee may install,maintain,and replace any and <br /> all machinery,equipment,tools and facilities,which it may reasonably desire forthe use in <br /> I connection with its operations on the leased premises. Lessee shall pay in full forall labor <br /> performed upon or material fumished to the leased premises at the Instance or request of <br /> 4 the Lessee, and shall keep the whole thereof free and clear of any and all liens of <br /> ' mechanics or materialmen. Atthe end of the Lease term Lessee shall have the right to all <br /> property It has previously installed on the premises and shall remove ail such property, <br /> i including but not limited to buildings, shops, scales and utility lines, from the leased <br /> property described in EXHIBIT A at Lessee's sole cost and expense; provided however, <br /> with regard to the maintenance building constructed as a result of the oral contract <br /> between Lessee and Lessor on or about April 5, 1993, at the and of the Lease term, <br /> Lessor shall have the option to: require Lessee to.remove the building from the leased <br /> r <br /> Page 2 of 2 <br /> • �%aye <br />