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SURFACE USE LEASE <br /> (Distel Option Property) <br /> This Surface Use Lease(the"Lease")is entered into on December 3D, 2019 between The <br /> City of Longmont, a Colorado municipal corporation (the "Lessor") and Aggregate Industries - <br /> WCR, Inc., a Colorado corporation(the "Lessee"). Lessor and Lessee may be referred to herein <br /> collectively as"Parties." <br /> Premises <br /> 1. Lessor is the owner of certain real property described within Exhibit A hereto (the <br /> "Leased Premises"). The premises consists of approximately 115 acres +- known as the Distel <br /> Option Parcel. <br /> 2. Lessee operates an aggregate processing plant on the Distel Option Parcel (the "Distel <br /> Plant"), in support of mining operations on adjacent parcels, including the "Combined <br /> Properties" and the "Irwin-Thomas and Tull Properties" described in the Second Amended and <br /> Restated Mineral Lease, dated December 22, 2009, between Lessor and Lessee and recorded at <br /> Reception No. 3762036 of the Weld County,Colorado real property records ("Second Amended <br /> Mineral Lease"). <br /> 3. Lessor intends to lease to Lessee, and Lessee intends to lease from Lessor, the Leased <br /> Premises, subject to the terms and conditions set forth within this Lease, so that Lessee may <br /> continue the operation of its aggregate processing plant on the Leased Premises. <br /> 4. As such,the Parties agree to the following terms: <br /> Lease Provisions <br /> 5. Rights Granted In Leased Premises. Subject to the terms and conditions of this Lease, <br /> Lessor hereby leases the Leased Premises and grants to Lessee the exclusive right to operate the <br /> Distel Plant, as described in the Second Amended Mineral Lease, and in accordance with Permit <br /> M-1989-029 issued by the Colorado Division of Reclamation, Mining and Safety ("DRMS"). <br /> Lessee has previously completed mining on the Leased Premises, and no further mining is <br /> authorized by this Lease. Also included is the right to import sand and gravel and other earthen <br /> materials as needed to blend product, produce product or satisfy reclamation, with such right to <br /> import terminating upon the earlier of completion of Lessee's mining of the Irwin-Thomas <br /> Property or December 31, 2025. Notwithstanding the prior sentence, Lessee's right to import <br /> sand and gravel and other earthen materials for the purpose of reclamation of the Leased <br /> Premises shall not terminate upon the completion of Lessee's mining of the Irwin-Thomas <br /> Property or December 31, 2025. In the event that, after the earlier of completion of Lessee's <br /> mining of the Irwin-Thomas Property or December 31, 2025, Lessee seeks to import any sand, <br /> Mot!Property Surha Use Lewe_PThAL.I I232019 <br />