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WEIS GRAVEL PIT LEASE AGREEMENT <br />THIS LEASE AGREEMENT is made and entered into this 31 day of MARCH . 2009 by and among, <br />DARLENE M. WEIS AND/oR RANDY R. WEIS <br />address whose is <br />12307 Co Rd 61, HOLYOKE, CO. 80734 <br />hereinafter collectively called LESSOR, and <br />YUMA COUNTY, COLORADO, <br />whose address is <br />310 Ash, Suite A, Wray, Colorado 80758, <br />hereinafter called LESSEE. <br />THE INITIAL TERM OF THIS LEASE shall be for a period of ten (10) years, commencing on <br />JANUARY 1. 2009 and ending DECEMBER 31.2018 . <br />After the original term of this lease as set forth above, this lease shall renew itself from year to year unless either party <br />notifies the other in writing on or before the 1° day of November in the year prior to which expiration of this lease is <br />desired. <br />WITNESSETH: That the LESSOR has this day leased to the LESSEE a portion of the following described <br />property, as specified in a permit issued by State of Colorado Mined Land Reclamation Board, situated in the County of <br />Yuma, State of Colorado: jr?ofthe Town ship 7 N Range ''6 P.M. <br />Part of the NW1/4 OF NW1/4 . Section 31 <br />TERMS SPECIFIC TO LESSEE: <br />(a) LESSEE shall be responsible for periodic reclamation of the mined area located on the subject property, as <br />shown in exhibit A attached, pursuant to the requirements of the permit issued by State of Colorado Mined <br />Land Reclamation Board.. <br />(b) LESSEE may not sublease the subject property without the prior written approval of LESSOR. This provision <br />shall not limit the right of ingress and egress necessary for LESSEE or its customers to mine and transport <br />material from the property. <br />(c) LESSEE will keep records of material removed from the site and shall provide to LESSOR a quarterly report <br />of material removed <br />(d) LESSEE will pay LESSOR a minimum of 0.45 /yard or the current rate subject to annual review and <br />determined by the Yuma County Commissioners. <br />(e) LESSEE agrees to install one (1) cattle guard and one (1) gate with locks at the access road as long as this <br />gravel pit is open and operated by Yuma County; and further agrees to maintain the surface of the right-of- <br />way in a reasonable fashion to protect the adjoining property. This road will be graded and left for landowner <br />access when reclamation is completed. <br />TERMS SPECIFIC TO LESSOR: <br />(a) LESSOR will pay all property, material-severance, and any other real or personal property taxes, which may <br />be assessed or levied against the property. <br />(b) LESSOR will oversee the LESSEE'S reclamation of the pit. <br />(c) LESSOR agrees that LESSEE shall have the right of ingress and egress required for the removal of the <br />material anticipated under this Lease Agreement, limited to the now existing road. <br />(d) LESSOR may obtain gravel on an as-needed basis (maximum 200 yards per year) for the price of <br />$0.00 per yard. <br />(e) LESSOR or their agents may inspect the property at any time. <br />(f) LESSOR agrees, without further consideration and in compliance with the request of the LESSEE to cooperate <br />with LESSEE in obtaining and maintaining its permits for the subject property and furthermore, LESSOR <br />agrees not to delay, hinder or in anyway interfere with the sand and gravel operations as long as the LESSEE <br />is not in violation of the terms or conditions of this agreement. <br />(g) LESSOR would like the option of requesting the permitted area to be fenced at the LESSEE'S expense if <br />deemed necessary. <br />MISCELLANEOUS: This Lease Agreement may be altered, revised, or terminated only upon the written agreement of <br />the parties hereto.