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1111111111111111111111111111111111111111111111111111 IN <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 21 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> each occurrence, One Million Dollars ($1,000,000.00) for personal injury for each <br /> occurrence, and Four Million Dollars($4,000,000.00)in umbrella coverage. Longmont <br /> and Trust shall be named as additional insureds on the policy or policies providing <br /> general comprehensive public liability and property damage coverage, and a certificate <br /> of insurance to such effect shall be issued to Longmont and the Trust. All such policies <br /> of insurance shall provide ten(10)days'prior written notice to Longmont of cancellation <br /> or of a material change in coverage. Aggregate shall carry workers compensation <br /> coverage on the employees and shall furnish Longmont with a certificate or other <br /> evidence of such insurance. <br /> 37. Taxes. Longmont shall pay all real property taxes levied and assessed <br /> against the Combined Properties during the term of this Second Amended Lease, and <br /> Aggregate shall pay all additional taxes assessed against those Properties, imposed <br /> because of or relating to the obtaining of mining permits and/or the mining, excavation, <br /> processing, stockpiling, removal and/or sale of sand and gravel from these Properties; <br /> and Aggregate shall pay all taxes, real or personal, related to the mining, excavation, <br /> processing, stockpiling, removal and/or sale of sand and gravel and all personal <br /> property taxes levied and assessed against Aggregate's personal property on those <br /> Properties. <br /> 38. Exemption for Sales and Use Taxes. As provided in 39-26-205(3) <br /> Colorado Revised Statutes,as amended from time-to-time,the Combined Properties and <br /> all other improvements (other than Aggregate's trade fixtures) made to or installed on <br /> the Combined Properties (whether constructed by, for or at the expense of Longmont or <br /> Aggregate), may be exempt from any lien for sales and use taxes otherwise imposed by <br /> the taxing authorities of the State of Colorado. In order to secure this exemption from <br /> the date of execution of this Second Amended Lease, upon execution of this Second <br /> Amended Lease, Aggregate shall prepare and execute, and Longmont shall execute, a <br /> Memorandum of this Second Amended Lease for filing with the Colorado Department of <br /> Revenue. <br /> 39• Utilities. Aggregate shall contract in its own name and pay for all charges <br /> for electricity, gas, fuel, telephone,trash hauling, and any other services or utilities used <br /> in, servicing, or assessed against the Combined Properties, unless otherwise herein <br /> expressly provided. Longmont makes no representation or warranty as to the availability <br /> of any utilities to the Combined Properties and shall have no responsibility or liability in <br /> connection therewith. <br /> 40. Longmont's Representations. Longmont represents and warrants: <br /> a. Longmont has been assigned the Bigelow Mineral Lease. <br /> b. Longmont shall (i) warrant and defend Aggregate in the quiet <br /> enjoyment and possession of the Landfill Property during the term <br /> hereof so long as Aggregate is not in default hereunder, (ii)warrant <br /> and defend Aggregate in the quiet enjoyment and possession of the <br /> Bigelow Property during the term hereof, so long as Aggregate is <br /> Page 21 of 32 <br /> Aggregate Industries <br /> Final <br />