APN: 191-19-301-005 & 191-19-301-006

T-R-S: 23-61-19

Requested by:Southern Nevada Health District625 Shadow Lane, P.O. Box 3902Las Vegas, NY 89127

RESTRICTIVE COVENANT RUNNING WITH THE LANDSOUTHERN NEVADA HEALTH DISTRICT

THIS RESTRICTIVE COVENANT ("AGREEMENT"), made this 13th dayof August ,2014-, between the SOUTHERN NEVADA HEALTH DISTRICT,hereinafter referred to as "DISTRICT" and American Eagle Ready Mix, LLC______________ -.l,hereinafter referred to as "OWNER."

WITNESSETH:

WHEREAS, OWNER represents to be the owner in fee of the real propertydescribed as follows:

Generally located: 14355 Dixon St, Las Vegas, NV 89054(street address or general location)

Type of land use: Solid waste management facility as a recycling center

WHEREAS, the existing applicable laws, ordinances, codes, rules and regulations havebeen determined to require full compliance with certain conditions relative to theproposed use of the above-described real property; and

WHEREAS, OWNER expressly understands and acknowledges that the requiredand imposed conditions for the proposed use of the described real property, to be compliedwith, are just and proper and the DIS1RICT's approval thereof and permit therefore areexpressly conditioned upon OWNER's full performance and compliance with said requiredand imposed conditions, as and when DlSIRICfshall, and require the same.

Page lof4

NOW, THEREFORE, in consideration of the foregoing premises, theundersigned as OWNERof the described real property herein, for himself, herself,itself, or themselves (as the case may be) and his, her, their, heirs, executors,administrators, successors or assigns, do(es) covenant, promise, and agree to, andwith, said DISTRICT, its successors and assigns, that full performance andcompliance, when and as required by DISTRICT,shall be made with the followingconditions hereby imposed in connection with DISTRICT's approval grantedfor certain proposed use of real property described herein:

1. The OWNER, at his own cost, shall perform and complete activities,hereinafter referred to as II Activities," which are required to use ordispose of all solid waste remaining at the said describedrealpropertyaftersaid land use, including, but not limited to, litter and recoveredmaterials, in accordance with currently applicable laws, ordinances, codes,rules, regulations, standards and specifications.

2. Activities shall not commence until applicable plans have been approvedby the DISTRICTand any other agency with jurisdiction and one hundredpercent (100%)of the applicable plan review and inspection fees have beenpaid.

3. The OWNERshall start Activities within sixty (60)days upon notification bythe DISTRICT that Activities must be started, and Activities shall becompleted within twelve (12)months from the date of notification under thisAgreement.

4. If the OWNERfails to complete Activities within the period noted incondition 3 and in accordancewith applicablelaws, ordinances,codes,rules,regulations, standards and specifications, then in any of such events, theDISTRICTmay, at its option, proceed to complete Activities at the expenseof the OWNER All of the remedies permitted or available to SNHDunderthis Agreement, in law or in equity shall be cumulative and not alternative,and the invocation of any such right or remedy shall not constitute a waiveror election of remedies with respect to any other permitted or available rightor remedy ..

5. Any inspections or subsequent approvals undertaken by the DISTRICT,pursuant to express or implied terms of this Agreement, are undertakensolely to insure compliance with the terms of this Agreement and are notundertaken for the benefit of any individual or group of individuals asmembers of the public. It is not intended by any of the provisions of anypart of this Agreement to create in the public or any member thereof a third

Page 2 of4

party beneficiary hereunder, or to authorize anyone not a party to thisAgreement to maintain a suit for personal injuries or property damagepursuant to the terms or provisions of this Agreement. Provisions in thisAgreement dealing with inspections, approvals or changes requested ormade do not expand the DISTRICT'sgeneral law duties.

The undersigned OWNERof said described real property does hereby expresslydeclare that the foregoing conditions, and each and all of them, shall constitute,and are hereby declared to constitute, a covenant to run with all of the realproperty described above. This Agreement shall be recorded in the office of theCounty Recorder and shall ensure to the benefit of and be binding upon theOWNER, its successors, assigns, heirs, subsidiaries, parent companies andaffiliates to the property described above.

The DISTRICTshall request removal of this Agreement within thirty (30)days after the DISTRICT'S approval of financial assurance in favor of theDISTRICTfor the full cost of completing Activities or within thirty (30) daysafter the DISTRICT'Sapproval of the completion of Activities.

IN WITNESS WHEREOF, the undersigned OWNERof said described realproperty has hereto subscribed hisindenture the date and year hereinabove firstmentioned.

OWN~hSTATEOF NEVADA)

) SSCOUNTY OF CLARK)

This instrument was acknowledged before me on the~ day of !/t;fl7! ,20~

;ttp~le~~~c~;6~~----~~-

Page 3 of4