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3762036 04/13/2011 01:01P Weld County, CO <br /> 19 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> trail for equipment, maintenance, and reclamation activity, and up <br /> to a maximum of three bored, below-grade, 16-inch piped crossings <br /> for the fresh water supply to the processing plant and for the <br /> loading of fines ponds from the plant. The approximate location of <br /> these crossings is indicated on Exhibit L. <br /> 33• Tull Option Property. Aggregate shall convey to Longmont, at the option <br /> of Longmont, certain real property known as the Tull Property, which is depicted on <br /> Exhibit G, subject to the provisions of the Commercial Option Contract to Buy and Sell <br /> Real Estate described in this section ("Tull Option Contract") executed <br /> contemporaneously with the execution of this Second Amended Lease and providing: <br /> a. For a sales price of Twenty Thousand Dollars ($20,000.00) per <br /> acre, subject to the two and one-half percent (2.5%) annual increase <br /> commencing on January 1, 2010, with an option period through <br /> December 31, 2019; <br /> b. Longmont's exercise of its option to purchase the Tull Property is <br /> contingent on Longmont contemporaneously exercising its option <br /> to purchase the Distel Option Property; <br /> C. Longmont may purchase the Tull Property over a period not to <br /> exceed 15 years beginning with the year of exercising the option; <br /> d. If Longmont exercises the option under the Tull Option Contract, <br /> Aggregate shall retain and reserve (i) any water storage rights to <br /> sealed water storage reservoirs developed through the reclamation <br /> of the property, and(ii) necessary temporary and permanent access, <br /> construction, and maintenance easements to those water storage <br /> reservoirs and to potential oil and gas wells, from the nearest <br /> reasonably located public right-of-way; <br /> e. Aggregate shall grant Longmont the first right of negotiation for a <br /> period of ninety (go) days from the date of notification to enter into <br /> a contract for purchase of the water storage rights at this reservoir, <br /> with closing to occur within forty-five (45) days of entry of such <br /> contract, provided: <br /> i. During this period, Aggregate shall not negotiate with any <br /> other potential purchaser for such water storage rights; <br /> I If Longmont and Aggregate do not enter into a contract for <br /> purchase of such water storage rights during this period, <br /> Aggregate shall be free to sell or lease the storage right to any <br /> other interested party. <br /> f. It is contingent upon the contemporaneous execution and delivery <br /> Page 19 of 32 <br /> Aggregate Industries <br /> Final <br />