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Tight to use its easement for the ditch to construct, operate, maintain, repair and replace structures <br />and facilities related to the operation of the Boyd and Freeman Ditch, which right of use by the <br />Ditch Company shall always be recognized as a dominant and superior right. Grantor hereby <br />agrees to participate in any conveyor crossing agreement with the Great Western Rail Company <br />as necessary. Grantor's participation for any crossing agreement is limited to signing documents <br />only in its capacity as Owner of its property and shall not incur any financial obligations to Great <br />Western Railway or any party regarding any crossing agreement. <br />3. Term. The Term of this Agreement shall be an initial period of ten (10) years <br />commencing on the effective date of this Agreement ( "Term "). The initial Term may be <br />extendable by mutual agreement of the parties. <br />4. Consideration. As consideration for granting of the Right -of -Way, Grantee shall <br />annually pay Grantor on or before December 31 of each year of this Agreement, a royalty of <br />_per ton of material transported by conveyor across the Right -of Way; such material to be <br />weighed via a belt scale at Grantee's Greeley 35 Avenue Plant. Said scale will be calibrated by <br />Grantee's personnel and its accuracy certified annually by a qualified independent party. The <br />royalty will be increased annually by-so long as this Agreement is in effect. The City will <br />waive its right to receive the Conveyor royalty should Grantee commence mining upon the <br />Grantor's Property. After such commencement, Grantor shall receive the appropriate mining <br />royalty in lieu of the Conveyor royalty. In addition, as consideration for the Ditch Company <br />granting the Right -of -Way , Grantee shall pay Ditch Company a use fee of —due at the <br />time of document execution. <br />5. Roadway. Grantee shall have the right to construct, operate, use, maintain, and <br />repair a dirt or graveled roadway (the "Roadway ") upon the Right -of -Way, a portion of which is <br />already in existence and owned and used by the Ditch Company, upon which Grantee plans to <br />erect a conveyor and construct a dirt or graveled road adjacent to the conveyor. The cost of <br />construction, maintenance and repair of the Roadway shall be borne solely by Grantee. <br />6. Roadway Construction Standards and Requirements. <br />(a) All construction of the Roadway shall be performed in a workmanlike manner <br />in accordance with and compliance with all applicable federal, state and local <br />laws, <br />(b) Grantee shall construct and maintain access road ( "Roadway ") to the <br />satisfaction of Grantor and Ditch Company and shall repair damage to existing <br />access road within 48 hours notice, not including weekends, from Grantor or <br />Ditch Company. Grantee shall upgrade Roadway with gravel or recycled asphalt. <br />Surface type shall be at the sole discretion of Grantee. <br />(c) Upon abandonment of the Roadway by Grantee, Grantee shall, at its sole <br />expense, reclaim the Right -of -Way as nearly as possible to its former condition <br />with the exception of road surface as described in Paragraph 6(b) above. <br />(d) Grantee shall notify Grantor and Ditch Company prior to October 1 of the year <br />preceding the start of construction. Grantee shall not interfere with crops on the <br />site unless Grantor is notified and Grantor's Lessee is fully compensated for lost <br />crops due to construction activity. Grantee shall not restrict the Ditch Company's <br />2 <br />