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Galloway SG, LLC <br />6915 Highway 9 <br />Kremmling, CO 80459 <br />February 16, 2015 <br />Baxter Kirkland <br />Kirkland Construction Company <br />2101 Main Street <br />P.O. Box 580 <br />Rye, Colorado 81069 <br />Re: Confirmation of Authorization to Access and Mine Sand and Gravel <br />Dear Mr. Kirkland: <br />This letter confirms that Galloway SG, LLC (`'Galloway SG") and Kirkland Construction, LLLP <br />( "Kirkland") have entered into an agreement ( "Agreement') dated as of February 16, 2015, <br />whereby Galloway SG has authorized Kirkland to enter the approximately 30 acres of property <br />located in a portion of Section 16, Township 1 South, Range 80 West of the 6`h P.M., Grand <br />County, Colorado, as depicted on Exhibit A ( "Property "), attached hereto, and to mine for, <br />extract, and process the sand and gravel and other construction materials ("Sand and Graver') <br />from the Property in support of the Colorado's Department of Transportation's Highway 9 <br />Colorado River Wildlife & Safety Improvements Project. <br />Galloway SG is a wholly -owned subsidiary of Galloway, Inc., a Delaware corporation d/b /a Blue <br />Valley Ranch ( "BVR "), which owns the Property. BVR leases the Property, including all of <br />BVR's interest, if any, in the Sand and Gravel in or on the Property, to Galloway SG ( "BVR <br />Lease "). The Colorado State Land Board ( "SLB ") has approved issuance of a lease (the "SLB <br />Lease ") of the Sand and Gravel claimed by the State of Colorado, if any, on the Property to <br />Galloway SG, which will permit Galloway SG to mine the same. The BVR Lease and the SLB <br />Lease (when issued) will authorize Galloway SG to access and use the Property for conducting <br />Sand and Gravel mining operations. <br />Pursuant to its rights under the BVR Lease and the pending SLB Lease, Galloway SG has <br />granted Kirkland access to the Property to mine for, extract, and process the Sand and Gravel <br />from the Property under the terms and conditions set forth in the Agreement. Notwithstanding <br />anything stated in this letter, the terms and conditions of the Agreement controls the relationship <br />between the parties. <br />Please feel free to contact me if you need any additional information regarding this matter. <br />Sincerely, <br />h�4 � \� 1 �.. i ram i;` l��'��'�r- "' •�` +ti <br />Steuben, Project Manager <br />j i7! s bay ���a••`'a`{ <br />2087621.1 <br />IN <br />