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3216932 09/08/2004 02:1012 Weld County, CO . <br /> 5 of 11 R 56.00 D 0.00 Steve Moreno Clerk S Recorder <br /> Landlord understands that the mining plan will provide phasing that causes the Water Ski <br /> Lake to be constructed first, followed by complete mining of the HIDE Parcel in phases followed <br /> by the mining of the subject Property. <br /> 15. Agreement Concerning Reclamation. Tenant shall be responsible for <br /> compliance with all rules and regulations of the Mined Land Reclamation Board and shall be <br /> responsible for reclamation on the Property to the extent the Property is actually mined by Tenant. <br /> 16. Agreement Concerning Water Augmentation. Tenant shall be responsible and n` <br /> pay for any additional water augmentation required due to Tenant's mining of the Property. <br /> i's"eagrt+ers4atcen <br /> Landlord shall be responsible and pay for any additional water augmentation required due to the <br /> development of the Water Ski Lake. <br /> 17. Lining of Pits. Tenant may, at its option, line the mining pits on the Property. If <br /> any water storage rights are created by such lining, Tenant shall have the proceeds of sale and <br /> Landlord shall grant to the Tenant and its assigns an easement for such storage together with <br /> access(s) thereto. Landlord shall have the exclusive surface rights for recreation purposes to any <br /> lakes created by this agreement. However, Landlord may be required to provide an indemnity and <br /> insurance in a reasonable amount (but in no event less than $1,000,000)to protect the owner of <br /> the storage rights from liability. <br /> 18. Attorney's Fees. In the event of a dispute between the parties regarding this <br /> Agreement, the Property, or the Sand, Gravel and Aggregate Mine that results in litigation, the <br /> prevailing party shall be awarded his court costs and attorney's fees in connection with such <br /> lawsuit. <br /> 19. Acknowledgment of Real Estate License. Tenant understands that Carl <br /> Eiberger is a licensed real estate salesperson. <br /> 20. Miscellaneous. <br /> a. This Agreement shall inure to the benefit of and shall be binding on the heirs, <br /> legal representatives, successors and assigns of the parties. <br /> b. Time is of the essence in all provisions of this Agreement. <br /> c. Colorado Law shall be used in the interpretation and construction of this <br /> Agreement and the resolution of all disputes hereunder. <br /> d. The provisions of this Agreement may be amended only in writing signed by <br /> both parties. <br /> - 5 - <br /> M1997-058 EXHIBIT B <br />