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• <br /> 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 John <br /> Yocam, 21056 CO RD 1, Orchard, CO 80649 ("Lessor"). <br /> Lessor owns property located East of the intersection of State Highway 144 <br /> and Morgan County Road V in the NW 1/4 of Section 20, Range 60W and <br /> Township 4N. 40 acres of this property is favorable for a Borrow Site and <br /> [field office trailer and construction yard location (property is set forth on <br /> Exhibit A attached hereto) for use by the Lessee in construction of a road <br /> reconstruction project; <br /> NOW, THEREFORE, it is mutually agreed that <br /> 1. Borrow Operations. For consideration described in paragraph two, the <br /> Lessors will permit Lessee and the Related Parties (defined below) to enter <br /> upon these property for the purposes of operating a dirt borrow operation <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 liabKity 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 the 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 sum of <br /> gm per cubic yard of material removed. A Sillideposit is to be <br /> 1 <br />