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111111111111113111111111111111111111111111111111 IN <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 5 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> commenced on October 9, 2001, with respect to the Landfill Property; and commenced <br /> upon the dates set forth in the recitals herein with respect to the Distel Donation, <br /> Sherwood, and Peschel Properties,and: <br /> a. Mining on the Bigelow Property has been completed; <br /> b. Mining on the Landfill Property shall be completed and shall cease <br /> on the Property by September 30, 2011, provided that after such <br /> date no further mining shall occur on this property; <br /> C. Mining has been completed on the Peschel and Sherwood <br /> properties; <br /> d. The backfilling of aggregate fines in connection with the Integrated <br /> Plan provided for below, may continue on the Combined Properties <br /> as set out in Section 29; <br /> e. Except for the backfilling with aggregate fines, all portions of the <br /> Combined Properties shall be reclaimed according to the Integrated <br /> Plan provided for in Section 29 as soon as reasonably practical after <br /> the completion of mining operations on each of the respective <br /> properties, or portions thereof, and, <br /> f. This Second Amended Lease shall terminate on the earlier of(i) all <br /> reclamation, acceptance of the reclamation work by the State of <br /> Colorado Division of Reclamation, Mining and Safety and release of <br /> the reclamation bond by that State agency, or (ii) December 31, <br /> 2033, except that Aggregate shall continue to be liable for any <br /> continuing reclamation responsibilities, indemnities, and structure <br /> warranties as provided herein. <br /> 17. Use of Properties and Operations by Aggre ag_te. The Combined Properties <br /> shall be used by Aggregate only in connection with (i) the exploration for, extraction by <br /> mining, excavation, stockpiling, primary crushing operations as necessary for the <br /> transport of such materials by conveyor, removal and sale of sand, gravel and gold, and <br /> incidental activities associated with Aggregate's mining operations on the respective <br /> Combined Properties, all in accordance with the Integrated Plan provided for below, and <br /> (ii),the installation and use of a conveyor belt system as provided in Section 34 herein <br /> for the conveyance of off-site materials mined, excavated and removed from certain real <br /> property known as the Tull Property(referenced below)across the Landfill Property. <br /> a. No secondary or tertiary crushing or processing operations shall be <br /> conducted on the Combined Properties. <br /> b. Except as provided in Section 32, no offsite materials shall be <br /> stockpiled or processed on or from the Combined Properties, <br /> provided that this provision shall not apply to small, temporary, <br /> Page 5 of 32 <br /> Aggregate Industries <br /> Final <br />