REV91663

• Permit No: M1989029
• IBM Index Class Name: Revision
• Doc Name: C&M COMPANIES-DISTEL FARM RESOURCE-APPLICATION TO THE DMG FOR AMENDMENT TO A REGULAR OPERATION
• Type & Sequence: AM1
• Media Type: D
• Archive: No

in tYie Lease Agreement. Lessor agrees during the term of this
lease or any extended term not to construct or allow to be
constructed any permanent structure or improvement or any temporary
structure or improvement or to engage in any activity on the
demised premises that would interfere with Lessee's use of the
demised premises for the purpose stated without written approval of
Lessee.
it. 7188IGNlIENT. The Lessee has the fight at any time during the
term of this agreement or any extended term to assign or sublease
all o:r part of the right granted by the agreement with the consent
of the Lessor, which consent shall not be unreasonably withheld.
Lessor hereby approves an assignment to and assumption of
obligations by C i K READY NIZ CONCRETB CO. OF BOIILDER. However,
no assignment or assumption of obligations by C i K READY 1LIZ
CONCRETE CO. OF 8OIILDER shall release the Lessee of his obligations
under this lease.
15. :RELEASE. The Lessee may at any time execute and deliver to
Lessor or place of record a release covering all of the demised
premises and hereby surrenders this lease from and after the date
of such release, thereby terminating all obligations hereunder
except accrued reclamation obligations and any other obligations
that may have accrued as of the date of surrender.
16. EIIICCE88OR8. The terms and conditions of this Agreement shall
inure to and be binding upon the assigns and successors of the
parties hereto.
17. PROPERTY TAZEB. The Lessee shall be responsible to pay any
increase in property taxes that are caused as a result of the land
being zoned to a mining use. Such taxes will be paid on or before
they become delinquent.
18. FIRST RIGHT OF REFIISAL. In the event that the Lessor receives
an of:Eer from a third party to purchase real property or water
rights for the leased gravel property or adjoining gravel property,
and the offer is acceptable to Lessor, it is agreed that the Lessee
shall have the privilege to purchase the said property at the same
price and on the same terms and conditions as proposed. The Lessee
shall have a period of thirty (30) days in which to consider such
proposal and shall either accept or reject the offer. If the offer
is rejected the Lessor shall be free to sell the leased premises to
the third party, but any such purchase shall be subject to the
terms of this lease.
19. ARBITRATION. The parties agree that any dispute or
controversy arising out of this agreement shall be determined by
arbitration pursuant to the following procedure.
1.9.1 Either party nay demand such arbitration in writing,
which demand shall include the name of the arbitrator appointed by
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