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following any month in which sand, gravel and aggregate are sold by Tenant. During certain <br />months of the year, it may be impractical to remove and sell sand, gravel and aggregate <br />because of weather conditions. No report shall be required for any month during which no <br />sand, gravel and aggregate have been sold. Tenant shall keep accurate records of all sales of <br />sand, gravel and aggregate. <br />6. Surf:-ce Rights of Tenant. Tenant may clear brush and undergrowth from portions of the <br />Property as may be reasonably necessary to explore for sand, gavel and aggregate, or to <br />locate pits, quarries and stockpile areas. <br />In order to obtain access to the Property and to carry on its operations, Tenant shall have the <br />right to make use of all roadways now existing on the Property, and shall have the right to <br />build such additional roads as may be necessary for the production and removal of sand, <br />gravel and aggregate. In building the roads, Tenant may use sand, gravel and aggregate from <br />the leased area. Tenant shall not be required to pay royalties to Landlord for sand, gravel and <br />aggregate so used. <br />Tenant may erect a plant or plants, including a concrete batch plant, on the Property if it <br />should so desire to process sand, gravel and aggregate. Tenant may erect such buildings and <br />install such machinery and equipment as may be useful in connection with its operations. <br />After all minerals are mined, Tenant shall have the right to lease from Landlord, for up to' <br />twenty (20) years, an azea sufficient to operate a concrete batch plant at a monthly rent equal <br />to market rates for comparable facilities in Weld County. <br />Tenant shall have the right to drill water wells on the Property for use in connection with <br />mining operations. On permanent cessation of the use of any well, or on termination of this <br />Lease, Tenant shall leave the well and the well casing for the use of Landlord, but Tenant may <br />remove any pumps or motors it has installed or caused to be installed <br />7. Damage to Water Wells and Improvements. Tenant will repair any damage to water wells, <br />drinking troughs, storage tanks, and other similar improvements on the Property. <br />Protection and Restoration of Surface. In digging pits for the purpose of producing and <br />removing sand, gravel and aggregate, Tenant shall make separate stockpiles of topsoil and <br />of waste substances. Before termination of the Lease, Tenant shall plow, level and re-seed <br />with grass all areas where roads and stockpiles have existed pursuant to Tenant's Reclamation <br />Plan. <br />9. Payment of Taxes. Landlord shall pay all real estate taxes levied against the Property before <br />they become delinquent. If Landlord fails to pay the taxes, Tenant may, at its option, pay the <br />taxes and assessments that could become a lien against the Property. Tenant shall reimburse <br />Landlord for the amount of said taxes thirty (30) days after billing. <br />-2- <br />~? <br />.-, <br />~~ <br />