2019-11-25_REVISION - M1979058 (3)

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RECEPTION#: 721529, 01/27/2012 at 10:05:36 AM, 4 OF 12 Doc Code:LEA, Kay Weinland, Routt County, CO 6. Surface Rights of Lessee. a. Lessee shall have a non-exclusive right of ingress and egress over the Premises to carry out the objectives of this Amended Lease Agreement. Purchaser shall be responsible to make any improvements, including without limitation acceleration or deceleration lanes, as may be required to obtain a Colorado Department of Transportation access permit for Purchaser's use of the Property. If Lessee's usage exceeds the limits specified for truck traffic in its CDOT access permit, then Lessee shall be responsible for its proportionate share of the cost of any CDOT-required acceleration or deceleration lanes. The CDOT access permit under which Lessee operates, CDOT Access Permit No. 304073, specifies 30 DHV — Total. Lessee and Purchaser shall share in the costs of maintenance of the existing access road proportionate to the amount of use of the access road by each measured by the number of truck trips generated by each party's operations on the Property. b. Access to the Premises will be limited to County authorized personnel including third party employees operating the asphalt or concrete batch plant permitted in Paragraph 3. c. Lessee shall not permit,use,or allow to be used any remainder of the Premises for any activity unrelated to its gravel operations as provided herein or for an asphalt or concrete batch plant as provided in Paragraph 3 hereof. d. Lessee shall provide all necessary drains and ditches to remove water from the pit. e. No Materials removed from the pit by Lessee shall be stockpiled outside of the boundaries of the Premises. f. Purchaser shall not have the right to sell Materials from the 47.6 acre Premises to other parties during the term of this Amended Lease Agreement,nor shall the Purchaser have the right to set up and operate its own equipment for the purpose of quarrying, mining or removing Materials from the 47.6 acre Premises. Purchaser retains the right to sell Materials to other parties from all other areas of the 295 acre Property. g. Lessee shall provide a gate with padlock at the entrance to U.S. Highway 40 with a key for Lessee and one for Purchaser. The livestock-proof gate shall remain locked when Lessee is not utilizing the site. Lessee will install a cattle guard beneath the gate. 7. Right of Assignment. Lessee shall not assign this Amended Lease Agreement, or enter into subleases concerning the Premises during the term of this Amended Lease Agreement without the prior written consent of Purchaser. Purchaser may assign Purchaser's rights under this Amended Lease Agreement. 8. Protection and Restoration of Surface. Lessee agrees upon termination of this Amended Lease Agreement to replace all Materials not used and baekslope or grade such area in accordance with Colorado Division of Minerals and Geology regulations. Topsoil stripped off in opening the gravel pit shall be spread in a manner to be tillable,to be utilized later in reclamation per Colorado Division of Minerals and Geology regulations and directions. In the event that Purchaser desires to continue to use the access road after the termination of this Amended Lease 4