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11111111111111111111111111111111111111111111111111111111111111 IN <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 3 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> f. Establishing an alignment for construction of the St. Vrain <br /> Greenway Trail; and, <br /> g. Authorizing Aggregate's processing at the Distel Plant Site of off- <br /> site mined material from the Irwin/Thomas parcels, which are <br /> located north of State Highway ii9 and west of 119 Street, <br /> Longmont, Colorado,and described in Exhibit H. <br /> 12. It is the intent of the parties that the integrated mining and reclamation <br /> plan set forth in this Second Amended Lease (a) maximize the recoverable sand and <br /> gravel resources and royalties, (b) enhance the reclamation of the properties, and (c) <br /> reduce the water lost to evaporation in the mined-out area. It is also the intent of the <br /> parties that there be substantial concurrent reclamation of those portions of the <br /> Bigelow, Landfill, Peschel, Sherwood, and Distel Donation Properties as they are mined <br /> during the entire term of this Second Amended Lease so that the properties can be made <br /> available as soon as practicable for Longmont's use. <br /> PROVISIONS <br /> 13. Consideration and Legal Effect. For good and valuable consideration,the <br /> parties, intending to be legally bound by these provisions, agree to the provisions and <br /> conditions set forth herein. <br /> 14. Rights Granted/Bigelow and Other Properties. Subject to the provisions <br /> and conditions of this Second Amended Lease, Longmont has leased and continues to <br /> lease the Bigelow Property, the Landfill Property, the Peschel Property, the Sherwood <br /> Property, and the Distel Donation Property (collectively, the "Combined Properties"), <br /> and Longmont granted to Aggregate: <br /> a. The exclusive right to explore for, extract by mining, excavate, <br /> stockpile, remove and sell sand, gravel and gold which can be <br /> recovered by surface mining operations south of the St.Vrain Creek <br /> from the Combined Properties, except for the Peschel Property; <br /> and, <br /> b. The right to use 21.55% of the Coffin Davis Ditch and associated <br /> water rights conveyed by the Trust to Longmont (the "Bigelow <br /> Water Rights"), and another 30.9% interest in said Ditch and water <br /> rights conveyed by Aggregate to Longmont herein ("Donated Ditch <br /> Rights"), provided that: <br /> i. Aggregate may use the Bigelow Water Rights only during the <br /> term hereof in connection with mining the Combined <br /> Properties and associated processing of these mined <br /> materials by Aggregate and only until they are needed for <br /> reclamation of those Combined Properties; <br /> Page 3 of 32 <br /> Aggregate Industries <br /> Final <br />