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i <br /> Reclamation on the attached Exhibit A as a borrow source of top soil for reclamation throughout <br /> the Leased Premises. Prior to submitting to DMRS for approval, Oldcastle will submit a <br /> reclamation plan to the County for its reasonable review, comments, and approval. Subject to the <br /> above, Oldcastle agrees to cooperatively work with the County to ensure that all mining and <br /> reclamation activities are done in a way to leave the Leased Premises with the appropriate <br /> foundation,elevation, and grade necessary for future new ball field construction. Said <br /> reclamation plan will be as agreed to by the Parties with the intent of future ball field construction. <br /> Oldcastle agrees to incorporate these reasonable recommendations into its operation and <br /> reclamation of the Leased Premises. County acknowledges and agrees that Oldcastle is not <br /> responsible for,or liable for, relocating any utilities that may prove necessary to allow the Leased <br /> Premises to be rough graded or to allow for construction of any bail fields thereafter. Oldcastle <br /> agrees to reasonably work with the County when performing its rough grading to allow for slope ' <br /> ratios which could provide spectator seating following County's construction of any ball fields. <br /> Oldcastle will construct, as part of its reclamation efforts, an unpaved access road to the area of <br /> the potential new ball fields at a location identified in the attached Exhibit A. This road shall be <br /> of a standard conforming to the requirements of any applicable permit(s)reasonably approved by <br /> the County that will allow ingress and egress by future ball field users. <br /> 9. reclamation of the Expansion Area will be in conformance with the plan to be <br /> presented and approved by Eagle County through the special use permitting process. Reclamation <br /> shall be deemed complete when site preparation is completed pursuant to any applicable <br /> permit(s). Oldcastle will revegetate with topsoil in the manner required by any applicable <br /> permits. The obligation to reclaim survives the termination of this Agreement. <br /> 10. This Agreement shall terminate at the earlier of the dates set forth in Articles 4 and <br /> 5 herein,upon the completion of the reclamation in the Leased Premises, or upon termination <br /> pursuant to the default provisions of Article 14. <br /> 11. As part of the Original Lease,Lafarge agreed to provide capital in a total amount <br /> not to exceed$3.925 million to fund the relocation of the ball fields from their current location, <br /> shown as Area F on the attached Exhibit A,to another location on the Leased Premises. Of this <br /> 3.925 million,Lafarge has provided to the County an amount equal to $ 1,750,000, a portion of <br /> which has been expended on design costs and the remainder of which is being held by the County. <br /> The Original Lease provided that this amount should be returned to Lafarge if the existing ball <br /> fields were not relocated and the material identified in Area F not made available for extraction. <br /> The amount returned by the County was to be reduced by the royalty amount to be paid to the <br /> County from all materials sold from the additional mining activity on Area B in an amount of <br /> $1.75/ton. <br /> 12. As Area F is not being included in this Agreement,the County shall return <br /> $1,750,000 to Oldcastle, less the royalty amount to be paid to the County from all materials sold <br /> from Area B since February 23, 2010,the execution date of the Sixth Amendment. Within sixty <br /> (60)days of execution of this Agreement, Oldcastle shall provide to the County records of the ! <br /> minerals extracted and sold since this time from Area B showing the amount of royalty fees due E <br /> and owing as provided in Section 8 herein. If the County does not dispute these records,it shall <br /> 4 <br />