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19. Paragraph 2 of the Existing Lease is hereby amended to provide that the Lease <br />expires the eazlier of 11:59 p.m. on December 31, 2011, or the completion of the reclamation of <br />the Expansion Area. Lessee acknowledges hereby that Lessor intends that all of the leased <br />premises must be mined and reclaimed in accordance with the Lease, and vacated, by that date. <br />20. Pazagraph 3 of the Existing Lease is hereby amended to provide that Lessee will <br />increase the royalty from all materials sold from this location as well as other locations under the <br />Existing Lease from $1.00 to $1.25/ton immediately upon securing Lessor approval of this Fifth <br />Amendment and Eagle County approval of the special use permit. Lessee shall apply for the <br />special use permit within ten (10) days from the date of execution of this Fifth Amendment. <br />21. Lessee will maintain accurate records of material processed from each of the lease <br />areas and make those records available for inspection by the Lessor. Twice annually, at times <br />specified or approved in advance in writing by Lessor, Lessee will conduct aerial or physical <br />surveys to confirm existing inventories and immediately deliver a copy thereof to the Lessor. <br />22. At all times during business hours Lessor and/or its consultants and agents may <br />enter upon the leased premises on reasonable notice to inspect, survey and conduct tests, relative <br />to Lessor's planned development of the property and to Lessee's operations thereon, so long as, <br />before entering the premises, each such individual has been properly trained if such training is <br />required by any federal or state statutes, laws or regulations concerning mine safety training, <br />including the Mine Safety & Health Act and rules, which training Lessee shall provide upon <br />Lessor's request. <br />23. Except as herein expressly amended, the terms and conditions of the Existing <br />Lease shall remain in full force and effect. <br />WHEREFORE, the parties have executed this agreement on, and effective as of, the date <br />first set forth above. <br />"Lessor": <br />COUNTY OF EAGLE, STATE OF COLORADO, <br />By and Through its BOARD OF COUNTY <br />'. COMMISSIONERS r-~~r~~ <br />ATTEST: ~ ~~ ~ '; / <br />Clerk of the $oazd of '~~:~~ Peter F. Runyon, Chairman <br />County Commissioners <br />