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ti <br />I. <br />4. Use: During the term of the Lease, the property shall be used solely and <br />exclusively by Lessee, its employees, agents or designees. The property may be used for <br />the removal, crushing, processing, stacking and screening of any Materials, and any <br />additional associated uses, specifically including but not limited to the construction, <br />operation and maintenance of concrete or asphalt plants. Lessee shall be entitled to keep <br />all necessary equipment and buildings on the subject property, specifically including, but <br />not limited to crushers, screens, power plants, bins and conveyors, all for the crushing, <br />screening, stacking, storing and processing of the Materials, and any heavy equipment <br />and/or trucks necessary to process and move the Materials. <br />5.) Royalties: Lessee shall pay to Lessor the sum of one dollar ($1.00) per <br />Ton for any Materials removed from the property. Lessee shall provide to Lessor, within <br />thirty (30) days of the end of each calendar month, an accounting for the total Materials <br />removed from the property that month. Thereafter, Lessee shall have ninety (90) days to <br />pay to Lessor the royalties for that month. The payment shall be made directly to Lessor <br />or to such other person or persons as Lessor may designate from time to time. Lessee <br />agrees to keep a strict and accurate record of all Materials removed from the leased <br />premises. The Lessor shall have the privilege at a reasonable time to examin and verify <br />the amount of royalties payable only. <br />6.) Surface Protection: Lessee shall be responsible for remaining in <br />compliance with all requirement of the MLRB and for keeping the reclamation bond in <br />place and performing such reclamation as may reasonably be required by the MLRB. <br />Lessee shall further be responsible for keeping the permit in good standing with the <br />MLRB. In addition, Lessee shall provide, storm water containment, and air pollution <br />tests as may be reasonably required by the MLRB. Lessor shall be responsible for all <br />weed control. <br />7.) Road Maintenance: Lessee shall be responsible for all road maintenance, <br />for the payment of road impact fees and for strict compliance of the Road Repairs and <br />Maintenance Agreement entered into the I q')Ik; day of g 6 - J q ? 5?by <br />and between La Plata County and Anthony Zelletii as Operator and Hocker Construction <br />as agent. <br />8.) Indemnification: Lessee agrees to protect and indemnify Lessor against <br />any claims arising out of Lessee's alleged negligence in its use, occupancy or possession <br />of the premises. Lessee agrees to keep adequate liability insurance in place at all times it <br />is operating the property, to provide coverage for claims for damages or injuries to person <br />or property that are claimed to have resulted from the acts of omission of Lessee or its <br />agents or employees during the term hereof. <br />9.) Removal of improvements and Equipment: All improvements, facilities, <br />structures and equipment placed upon the leased premises by Lessee shall remain the <br />property of Lessee, and Lessee shall have the right to remove such property upon the <br />expiration of this Lease. On termination of this Lease for any cause, Lessee shall have <br />the right to remove all such improvement and equipment within one hundred twenty