2014-06-20_REVISION - M1981207 (10)

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Blue Pit 112 Permit Amendment ZA MINING LEASE THIS LEASE agreement is made and entered into this day of April; 2010, by and between DOLORES ( "DEE ") B. BLUE, as Trustee of the DOLORES ( "DEE ") B. BLUE j ? REVOCABLE TRUST (hereinafter referred to as the "Lessor") whose address is 0404 County.Road 104, Carbondale, CO 81623 and. WESTERN SLOPE AGGREGATES, INC., a Colorado corporation, of the County of Garfield and State of Colorado (hereinafter ' } referred to as the "Lessee "). • i For and in consideration of the payment of rent, the policies' royalties, hereinafter reserved, and the covenants and agreements herein contained, Lessor hereby leases to Lessee the property described in Exhibit A attached hereto and forming a part hereof, commonly known as the "Blue Pit," to have and to hold the same upon the following terms i and conditions: 1. TERM. This Lease shall have an initial and primary term of twenty (20) years, } i -commencing the 1`r day of April, 2010, and ending on the 31`r day of March, 2030, unless sooner forfeited, terminated orextended as hereinafterprovided. This Lease, atthe option of the Lessee, may be extended for four (4) additional five (5) year terms, and shall be subject to the provisions of Section 19. 2. TITLE. Lessor represents and warrants that the area covered by this Lease is [ free and clear of any and all liens adverse to the rights of Lessee hereunder and that '• ! ( Lessor shall continue to maintain title to the [eased premises without cost to Lessee against any lien or claim adverse to Lessee not arising from any action of Lessee. Lessee acknowledges that Lessor has engaged the services of GAMBA AND ASSOCIATES to review the legal description of the leased premises set forth on the attached Exhibit A. j Lessor and Lessee agree that in the event said surveyor determines that there is a discrepancy in the legal description of the Blue Pit that Exhibit A shall be corrected to refle'atthe current legal description of the leased premises.. Furthermore,. if for any reason the additional Special Use Permit is not granted by the County as-described - below, Exhibit - - -- - --- - - - - -- - - -- A. shall be modified to remove therefrom any portion of the Blue Pit which comprised the area for which an additional Special Use Permit was requested. 3. USE. Lessee shall enter upon the leased premises and work the.same so as to I mine the greatest amount of sand, gravel and aggregate possible consistent with the I development and preservation of the premises under the terms and conditions of the - Special Use Peftrilfdated- Recember 21, 1981, issued by the County Commissioners of Garfield County, Colorado and the Mined Land Reclamation Permit No. M -1981 -207 dated March 8, 1982, Issued by the State of Colorado. Lessor acknowledges that Lessee is currently diligently pursuing a similar Special Use Permit for portions of the property not yet permitted. The County may require that this additional Special Use Permit lr), be I incorporated into the existing Special Use; or (it) be a separate permit; or (11i) replace the existing Special Use PermiL Once obtained, such additional Special Use Permit and all I - Page 1 of 1.