2021-07-19_PERMIT FILE - M1987131

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raw% /OWN Material from Other Property: If any portion of the Property is used to transport and/or process material quarried from other property, Lessee shall pay Lessor$ per ton for any such material leaving/exiting the Property, and any Agreements with other Parties shall be in accordance with paragraph 6 of this Lease. This applies to any material that does not originate on the Leased Property and includes, by way of example, material which might be mined on the property of adjacent or nearby landowners either by that landowner or by Fremont Paving on that other landowner's behalf, whether crushed and milled on that other property or upon the Property which is the subject of this Lease 5. TERMS OF USE. Pursuant to this Agreement, Lessee shall have the exclusive right to quarry, mine, remove, and market therefrom all material, as previously defined in paragraph 4 above, from the Property. Lessee shall at all times during the term of this Agreement also have the non-exclusive right for ingress and egress over the Property on foot or motor vehicle, including trucks, and the right to construct on the Property scale houses, sales offices, crushing and screening plants,an asphalt plant,any processing equipment needed, any other improvements needed to operate on the Property, and storage of related equipment. With the consent of the Lessor, which will not be unreasonably withheld, Lessee may also construct additional roads for ingress and egress upon and from the Property to the nearest county public road or to Colorado Highway 115 during the term of this Agreement. Lessee shall have the sole responsibility for obtaining ingress from and egress to Colorado Highway 115 to the Property at Lessee's expense and shall pay all expenses to construct any curb cuts,driveways, gates and other improvements associated therewith. Any improvements constructed on the Property by Lessee shall be at the expense of Lessee. Lessee shall be responsible for securing all necessary permits to conduct its operations on the Property and shall at all times comply with all statutory requirements and all regulations of any governmental authority having jurisdiction over its operations.Lessee shall have control over the method and staging of its mining operations and lessor shall have no obligation to pay Lessee for any material excavated or processed,but not removed from the Property,even though the same remains on the Property upon temunation of this Lease.The Lessee shall bear all expenses of stripping of topsoil and overburden and developing the Property for efficient mining and Lessor shall have no obligation to reimburse Lessee for such work. The Lessee shall stockpile the topsoil and overburden to be used upon the reclamation of the Property. A wash plant will be used at the site and will begin operation within two years from the date of this lease. 6. PROPERTY TAXES. Lessor shall be responsible for all property taxes assessed on property. The Lessee agrees to pay any increase in taxes or assessments on the Property attributable to the gravel operation. All real property taxes applicable to the land constituting the leased Property upon which Lessee's property is situated shall be paid by Lessor. 7. SUBLEASE. The Property is currently subject to a sublease the Lessee previously entered into with Tezak,a copy of which is attached hereto as Exhibit B,which Lessor acknowledges and agrees to, however,such sublease and sublease Lessee shall be subject to all the terms and conditions of this agreement. Lessee shall obtain from such sublessee an estoppel letter or certificate acknowledging such sublessee's rights and obligations being subject to the terms of this Lease. Lessee may sublease to another 4,4, v`"