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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 <br /> Douglas Hasser, 5099 CR E, Lamar, CO 81052 ("Lessor"). <br /> Lessor owns property located West of US 287/385 and County Road H <br /> intersection. The property is in the SE '/4 of the NE 1/4 of Section 29, Range <br /> 46W and Township 26S. 5 acres of this property is favorable for a Borrow <br /> Site and 5 acres Batch Plant location (property is set forth on Exhibit A <br /> attached hereto) for use by the Lessee in construction of a road reconstruction <br /> project; <br /> NOW, THEREFORE, it is mutually agreed that <br /> 1. Borrow Operations. For consideration described in paragraph two, <br /> the Lessors will permit Lessee and the Related Parties (defined below) to <br /> enter upon the property for the purposes of operating a dirt borrow <br /> operation thereon, together with transporting materials to and from the <br /> property in connection with said operations. All costs of such Operations <br /> shall be borne solely by Lessee. Upon termination of this Lease for any <br /> reason, Lessee at its sole cost and expense shall cause the Property to be <br /> restored to substantially the condition it was in prior to the Operations <br /> other than a depression created by the removal of the borrow materials. In <br /> addition. Lessee shall be responsible for and shall indemnify Lessor from <br /> and against any claims, demands or other liability related to the Borrow <br /> Operations or Lessee's or the Related Parties' actions or inactions with <br /> respect to real property which is adjacent or nearby the Property (the <br /> "Adjacent Property"). This includes without limitation damage to <br /> roadways, utilities, infrastructure or other improvements as a result of or <br /> related to the Borrow Operations. <br /> Lessee understands that: <br /> (a) Top soil is to be stripped, salvaged and re-spread over the <br /> disturbed area; to the extent this disturbs existing grassland, <br /> the Property shall be reseeded 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 /> 1 <br />