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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, LLC, 6374 S. <br /> Racine, Centennial, Colorado, 80111 ("Lessee") and.lames Christopher <br /> Nestor 37301 CR 39, Hugo CO 80821 ("Lessor") <br /> Lessor owns property located in Section 32 of Range 53W and Township 11 S <br /> of which the Lessee would operate in 9 acres in that section to be determined <br /> later. This property is favorable for a Construction Dirt Borrow Site (property <br /> is set forth on Exhibit A attached hereto) for use by the Lessee in construction <br /> of a CDOT Project SH287/40 Passing Lanes CMGC. <br /> NOW, THEREFORE, it is mutually agreed that <br /> 1. Construction Dirt Borrow Pit Operation. For consideration <br /> described in paragraph two, the Lessors will permit Lessee and the <br /> Related Parties (defined below)to enter upon this property for the <br /> purposes of operating Dirt Borrow operation thereon,together with <br /> transporting materials to and from the property in connection with said <br /> operations. All costs of such Operations shall be borne solely by <br /> 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 <br /> substantially the condition it was in prior to the Operations other than a <br /> depression created by the removal of the borrow materials. In addition, <br /> Lessee shall be responsible for and shall indemnify Lessor from and <br /> 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 <br /> or related to these Operations. <br /> Lessee understands that: <br /> (a) Top soil is to be stripped (approximately 4-6 inches depth or <br /> according to the mining plan), salvaged and re-spread over the <br /> disturbed area; to the extent this disturbs existing farmland,the <br /> Property shall be seeded by the Lessor back into farmland. <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 />