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4. Use: wring 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 wreening of any Material, and asiy <br />additional associated uses, sgeaifscaily including but not limited to the construction, <br />operation and maintenance of concrete or asphalt plants. Lessee shall be entitled to keep <br />adl Necessary equipment and buildings on the subject property, specifically including, but <br />nut limited to crushers, screens, power plants, bins and conveyors, all for the china, <br />screening, stacking, storing and processing of the Materials, and any )heavy equipment <br />anchor tracks necessary to process and trove the Materials. <br />5.) Royalties; Lessee shall pay to Lessor the suns of one dollar ($1.00) per <br />Ton for any Materials removed from the property. Lessee shall provide to Lessor, wi$ia <br />thirty (34) days of the end of each calendar month, an accounting for the total Materials <br />removed from the pr*perty that imonth. Thereafter, Lessee shall have ninety (94) days to <br />pay to Lessor the myalties for that month, The payment shall he made directly to Lessor <br />or to such other person or persons as Lessor may designate f -om time to time. Lessee <br />agrees to keep a strict and accurate record of all MaterWe 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 />oDmplianc a YAth 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 shalt 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 />• rests as may be reasonably requixed by the MM. Lessor shall be responsible for all <br />weed control. <br />7.) Roaed Mainu?tce: Lessee shall be 3respmible for all road maintenance, <br />for the payment of mad impact fees amid for sttiict compliance of the Road Repairs and <br />Maintenance Agieernew entered into the day of jqj_ () Ig, by <br />and between La Plata County and Anthony Zelletii as C>pemttfr and Hocker Construction <br />as agent. <br />8.) Indemnification: Lessee ages 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 agreas to keep adequate liability insurance i a place at all times it <br />is operating the property, to pro,%ide coverage for claims for damages or injuries to person <br />or property that are claimed to have resulted from th o acts of omission of Lessee or its <br />agents or employees during the term hereof. <br />9.) Removal of horovemots and Eginpment: All improvements, facilities, <br />struatums and equipment placed upon the leased premises by Lessee shall renutin 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 dial] have <br />the right to rernovc all such improvement and equipment within one hundred twenty <br />0-'