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MINERAL LEASE & RIGITT TO ENTER THIS LEASE AGREEMENT, made this 16 day of October 2003 By and beween James H, Witt ~ William L. Witt Nelda Witt .Hereinafter called the Lessor, and Lincoln County Hereinafter called the Lessee. The said Lessor is the owner of the following described real property located in the County of Lincoln State of Colorado. NE a SE a Section 33 TS 6 So. R 5~ W ~~G~~^~~,9~® MAY 0 3 2004 Division of Mina: ais & GeolaAY 1. In consideration of the mutual covenants herein contained, the said Lessor does, by these presents, lease and let for the purpose hereafter mentioned, under all lawful warranties, unto said Lessee the mineral interest described in paragraph 2 hereof. 2. The Lessee shall have the right to mine,extract,remove and take from the above-described real property all the Sand & Gravel .(hereinafter called Minerals) in and under said real property ,with the right to remove the top-soil or over-burden above said Mineral and also Lessee shall have the right to use necessary space for the construction and maintenance of anything required for the extraction and /or processing of the minerals and space for stockpiling such minerals on the premises all without any payment in addition to the royalties and other payments herein specifically provided for. 3. The Lessee shall have, during the term of this Lease, the unlimited right of ingress and egress for the removal of said Minerals mined,estracted,removed and taken from the premises. 4. This Lease shall continue from Oct 17, 2003 to Oct 17, 2013 ,and may be extended by the Lessee for an additional period of ,upon written notice of such extension given to the Lessor ten days before the expiration of said Lease Agreement. 5. The Lessee shall pay the Lessor for all Minerals mined and taken from the said premises herein leased,aroyaltyof •30~ cents per cubic yard 6. the Lessee shall pay all taxes assessed or that may be assessed against the premises herein leased during the continuance of this Lease. 7. Lessee shall have over the aforesaid property only these rights intimately concerned with the mining and removal of the said Minerals including, without limitation, the right to stockpile said Minerals on the above-described real property or other lands adjacent thereto and owned by Lessor. S. Lessee will revegetate all damaged areas due to mining operations. Upon completion of operation, all affected areas will be reseeded with a native grass seed mix designed by the Natural Resources Conservation Service, which they recommend. 9. The lessor aggress, upon the termination of the Lease Agreement by the Lessee of the property hereinabove diescribed,to assume full responsibility for the condition of such property, and further aggress to hold harmless from any and all claims by, or liability to, third parties arising after termination of the Lease Agreement. 10. The Lessee (LINCOLN COUNTY) is to provide compensation to the Lessor for any damages to permanent man-made structures, which may the result of mining the affected land. 7 ~.