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11111111111111111111111111111111111111111111111111111111111 IN <br /> 3762036 04/13/2011 01:0113 Weld County, CO <br /> 4 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> I Aggregate may use the Donated Ditch Rights in connection <br /> with the mining and processing of mined materials from the <br /> Combined Properties and other properties, but only until <br /> they are needed for reclamation of the Combined Properties, <br /> or Distel Option Property, in accordance with this Second <br /> Amended Lease and the Option Agreement as hereinafter <br /> provided; <br /> iii. Aggregate shall submit any temporary substitute supply plan <br /> using said ditch and water rights, or any amendments <br /> thereto, to Longmont for approval prior to its submission to <br /> the State water officials, but Longmont's approval shall not <br /> be unreasonably withheld. <br /> 15. Rights Retained By Longmont. Subject to the provisions and conditions of <br /> this Second Amended Lease and provided that (i) there shall be no unreasonable <br /> interference with Aggregate's operations on the Combined Properties; (ii) there shall be <br /> no substantial reduction in the sand and gravel reserves available for mining by <br /> Aggregate; (iii)Aggregate shall have no obligation to pay any costs or expenses related to <br /> the use of the Combined Properties for agricultural, public park, recreational trail, open <br /> space purposes, educational purposes, or other similar municipal uses conducted by <br /> Longmont and/or Longmont's tenant ("Permitted Uses"); and (iv) the following <br /> activities are conducted in compliance with all federal, state, county and local rules, <br /> regulations and permits: <br /> a. Longmont reserves the right to allow the Permitted Uses on the <br /> Combined Properties on acreage not within Aggregate's current <br /> excavation plan, with the exact acreage used to be approved by both <br /> Longmont and Aggregate, which consent shall not be unreasonably <br /> withheld; <br /> b. Access to any portion of the Combined Properties used for <br /> Permitted Uses shall be through a separate entrance, and any area <br /> used by Longmont for public trail purposes or as otherwise allowed <br /> herein shall be fenced off from active mining areas and properly <br /> secured by Longmont; <br /> C. Aggregate shall provide ninety (go) days prior written notice to <br /> Longmont of Aggregate's intent to commence mining operations on <br /> those portions of the Combined Properties being used for Permitted <br /> Uses, and Longmont shall thereupon notify any of its tenants that <br /> such mining operations may be commenced following such ninety <br /> (go) day period. <br /> 16. Term. Unless this Second Amended Lease is otherwise terminated as <br /> provided herein, the term of this Second Amended Lease shall be deemed to have <br /> commenced on December 24, 1997, with respect to the Bigelow Property; and <br /> Page 4 of 32 <br /> Aggregate Industries <br /> Final <br />