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11IN <br /> II"III"I1'I111111111111111111111111111111111%I3762036 04/13/2011 01.01P <br /> Weld County, CO <br /> erk <br /> 20 of 75 R 3g1.00 O'0of this Second e Moreno CfAmended Recorder <br /> g. It is contingent upon approval by the Aggregate Board of Directors <br /> and the Longmont City Council. <br /> 34• Easement Across Landfill Property. Longmont hereby grants Aggregate a <br /> non-exclusive easement to allow Aggregate reasonable access across the Landfill <br /> Property for ingress, egress, utilities, a conveyor and related equipment,vehicular access <br /> and pedestrian access, including construction and maintenance of facilities and <br /> equipment across the southerly seventy-five (75) feet of the Landfill Property, which <br /> easement shall: <br /> a. Allow for the movement of sand, gravel, overburden, and similar <br /> materials from mining and processing operations on Tull Property <br /> owned or leased by Aggregate across the Landfill Property to the <br /> Distel Plant Site operated by Aggregate; <br /> b. Expire on December 31, 2028, provided this Easement may be <br /> extended, with one-year extensions thereafter until December 31, <br /> 2033, subject to the performance provisions of Section 29 of this <br /> Agreement; <br /> C. Shall be effective as of the date this Second Amended Lease is <br /> executed and delivered by the parties and continue until the <br /> expiration date set forth above; <br /> d. Shall terminate earlier if Aggregate (i) has breached this Second <br /> Amended Lease with respect to its obligations under the Option <br /> Agreements for the Distel Option Property or the Tull Option <br /> Property, and (ii) has not timely cured such default in accordance <br /> with the provisions hereof. <br /> 35• Recognition of Contribution of Land. At such time as mining operations <br /> and reclamation of the Combined Properties have been completed and Longmont has <br /> constructed a pedestrian trail or bike path,Aggregate, at its expense, shall be entitled to <br /> construct a rest stop and informational sign recognizing the contribution of the Distel <br /> Donation Property and the mining and reclamation activities of Aggregate, provided <br /> that the design and construction of such rest stop and informational sign shall be subject <br /> to Longmont's approval,which shall not be unreasonably withheld. <br /> 36. Insurance. Aggregate shall maintain on the Combined Properties at all <br /> times during the term of this Second Amended Lease or any renewal hereof a current, <br /> paid policy or policies of general comprehensive public liability and property damage <br /> Insurance insuring Aggregate, Longmont, and the Trust against any liability arising out <br /> of the ownership, use, occupancy, or maintenance of the combined Properties and all <br /> areas appurtenant thereto used or enjoyed by Aggregate. Such insurance shall be in <br /> amounts of not less than One Million Dollars ($1,000,000.00) for property damage for <br /> Page 20 of 32 <br /> Aggregate Industries <br /> Final <br />