2007-03-09_REVISION - M1979097 - Laserfiche WebLink

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easements associated with that relocation, and conning across the Premises south of the railroad tracks to the Poudre River for temporary and permanent drainage from properties upstream of the Landlord's property. The azea within the fast 75 feet south of the railroad right-of--way is reserved for future construction of a permanent drainage channel and will not be deemed part of the Premises, and an additional area of 25 feet will be used temporarily for construction of The channel. Tenant acknowledges that material stockpiles, equipment, and other items stored by Tenant within the drainage channel area may need to be removed by Tenant, at Tenant's sole cost, to accommodate constmction by the City of Fort Collins. In addition, Tenant acknowledges that entrance to the Premises may need to be moved from time to lime during the City's relocation of Ziegler Road and will likely be limited to access at the very northern comer of the Premises at which point there may be a bridge across the FCR1D ditch to access public roads. Tenant will not be required by Landlord to amend existing Local, State, or Federal permits as part of this condition and agrees to cooperate with the Landlord and the City of Fort Collins to accommodate construction. As a condition to this Lease Extension, Tenant consents to all such grants ofproperty, easements and rights ofway to the City of Fort Collins and agrees, upon request of Landlord, to promptly provide a written consent in reasonable form to confirm Tenant's consent to such grants. 9: Use of Building. The' Premises of the Concrete Plant Lease include, without additions! Base Rent, the saleslscale building located on the Concrete Plant Lease Premises. During the term of the Concrete Plant Lease, Tenant will permit Landlord to use for Landlord's purposes one office.in the building on a space available basis. 1n addition, Landlord may occasionally use the meeting room located in that building providing Tenant does not have apre-existing need for that room. Keys to the building and the offices will be provided by Tenant to Landlord, and Tenant is responsible to keep the offices clean and in good repair, ordinary weaz and tear excepted and except with respect to landlord's use. Use of the office and meeting room is granted at no charge to Landloid. - 10: 1ltiniag Lease. The parties acknowledge and agree that the teens and conditions of die Amendments with respect to the Mining Lease and Landlord's activities on the property described on Ezhibit A hereto remain in full force and effect. Ta the extent that Tenant has not timely fulfil.led-obligations under the Amendment, Tenant will exercise reasonably diligent efforts to fulfill those obligations as soon as reasonably feasible. Landlord does not waive any right to declare a default or demand prompt and strict compliance with the teens of the Amendment. 11. Site Cleaa-Up. On or before the expiration or termination of each of the Leases, Tenant will, in addition to other obligations contained in the Leases, restore the respective Premises to the general condition and repair as existed at the commencement of the Lease, ordinary weaz and tear excepted. The parties agree that Tenant will leave on the Premises in reasonable condition, ordinary wear and tear excepted, the sales/scale office structure. As part of the restoration of die premises and to satisfy certain obligations under the Mining Lease, Tenant will do the following: 11.1. Remove all stockpiles of any type ofmaterial, debris, and equipment from that azea of the property described on Ezhibit A hereto that is not within the areas depicted in Ezhibits B, C add D hereto, excepting only such stockpiles and equipment to be utilized in coiutection•with continuing reclamation work. Stockpiles, debris and equipment to be moved or removed shall be moved not later than December 31, 2007. For each month of 2006 commencing after this toooocaoe.ooc:sl4