2003-03-21_REVISION - M1980136 - Laserfiche WebLink

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5. Paragraph 3(D) of the Existing Lease (which originates in Paragraph 4(D) of the Third Amendment) is amended to read: (D) Lessee will maintain accurate records of material processed from each of the lease azeas and make those records available for inspection by the Lessor. Twice annually, at times specified or approved in advance in writing by Lessor, Lessee will conduct aerial or physical surveys to confirm existing inventories and immediately deliver a copy thereof to the Lessor. 6. The parties hereto reaffirm the royalty rates set forth in paragraph 3 of the Existing Lease (which originate in Paragraph 4 of the Third Amendment), providing that the royalty rate for sand and gravel materials excavated off the Leased Premises and imported to the Leased Premises for processing and/or distribution shall be $0.25 per ton, as of the date of this Fourth Amendment, regazdless of the origin of those materials. Pazagraph 4 of the Existing Lease is amended to add: The Fairgrounds Master Plan includes a proposed pond. The proposed pond is shown on the "Grading and Erosion Control Plan" included in Exhibit 2 hereto. The proposed pond as shown is on a portion of Area B, a portion of Area D, and ttre balance on an azea outside the Leased Area but on property owned by Lessor. If Lessor decides to have such pond constructed, Lessee's responsibilities. will be limited to excavation of commercially valuable pit run materials within Areas B and D, and sloping the sides of the excavation/pond to 3:1. Lessee shall not be responsible for excavation of unusable material below the commercially viable gravel deposit. Lessee shall not be responsible for removal and/or relocation of any utilities required to create such pond. Lessor will be responsible for any design and/or engineering of the proposed pond. To the extent the pond is outside the Leased Area, Lessor shall provide contours and the grades (both horizontally and vertically) to Lessee. Lessee shall identify the most cost effective means to complete the pond and provide a cost estimate for completion of the portion of the pond that is outside such Leased Area. Lessor shall be responsible for payment for the work outside the Leased Area. Lessor will be responsible for acquisition of all water and water rights associated with proposed pond. The Fairgrounds Master Plan includes a proposed area identified as the "Great Lawn", the majority of which is outside the Leased Area. For the portion of the Great Lawn within the Leased Area, the grading will conform to the Grading and Erosion Control Plan included within Exhibit 2 hereto. For the portion outside the Leased Area, Lessor shall provide to Lessee final contour elevations, grades and engineering data, and Lessee shall identify the most cost effective means to complete the Great Lawn and prepaze an estimate of the cost of all grading associated 5 G:~BOBWIP~TEMPr10ID~CONTRACI\Westem Mobile Fourth Ammdmentwpd