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MEr <br />Jul 16 Q9 04:04p Linda Wegher 307-686-9236 p.1 <br />Witherbee Pit Lease Agreement - Page 2 <br />TERMS SPECIFIC TO LESSOR: <br />(a) LESSOR will pay all property, materiel-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 or their agents may inspect the property at any time. <br />(e) LESSOR agrees, without further consideration and - in compliance with the request of the LESSEE to <br />cooperate with LESSEE in obtaining and maintaining its permits for the subject property and furthermore, <br />LESSOR agrees not to delay, hinder or in anyway interfere with the mining operations as long as the LESSEE <br />is not in violation of the terms or conditions of this agreement or LESSEE is not in violation of any applicable <br />law. <br />(f) LESSOR shall not sell material extracted from the permitted area. <br />(g).LESSOR shall not allow anyone to access or remove materiel from the permitted area without written <br />approval by the LESSEE. <br />(h) LESSOR, when entering the permitted arcs, shall abide by all Federal, State, and County regulations. <br />(i) LESSOR has the option of having the permitted area fenced at the LESSEE'S expense if deemed prudent for <br />the safety of the site by LESSOR. <br />MISCELLANEOUS: This Lease Agreement may be altered, revised, or timnioated only upon the written agremamt of <br />the parties hereto. <br />SPECIAL PROVISION: LESSOR may obtain a maximum 200 yards of gravel per year at no charge. All material shall be <br />loaded only by authorized LESSEE personnel diming normal operations within the pit. <br />IT IS FURTEER EXPRESSLY UNDERSTOOD AND AGREED that this Lease Agreennent shall be binding upon the <br />heirs, executors, administrators and assignees of the respective parties hereto. <br />Dated this 16th day of July 1 2009 <br />LESSEE: <br />YUMA COUNTY, COLORADO <br />BLMLNM CO BOARD OF COMMISSIONERS <br />1:1 %-k ?' I - ? - <br />LESSOR: <br />SANDIELL RESOURCES, LLC <br />Linda A. Wegher, Mem6er