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3. Venue is proper pursuant to C.R.C.P. 98 because the agreement at issue <br />in this matter involved a lease of real property located, and otherwise called for <br />performance, in Adams County, Colorado. <br />General Allegations <br />4. Plaintiff owns real property located at 7765 Interstate 76 Frontage <br />Road, Henderson, Adams County, Colorado, also known as the AFS-Priola Pit, (the <br />"Property"). Plaintiff is likewise the developer of the Property. <br />S. Defendant performs sand and gravel mining operations on the <br />Property, which at all relevant times was used as a gravel pit. <br />6. On or about on December 13, 2007, Plaintiff and Defendant entered <br />into an agreement allowing Defendant to mine sand and gravel from the Property <br />and subsequently fill the excavated Property with imported material (the <br />"Contract"). A copy of the Contract is attached hereto as Exhibit 1 and incorporated <br />herein by reference. <br />7. The Contract required, inter alfa, Defendant, in a timely manner, to: <br />a. Obtain and comply with all permits required by applicable <br />governmental authorities; <br />b. Pay Plaintiff $0.85 per ton for all marketable materials mined and <br />removed from'the Property, <br />c. Pay Plaintiff $60.00 per 20 -yard trailer and $30.00 per 10 -yard trailer <br />(an equivalent of $3.00 per cubic yard) of fill material imported to the <br />Property; <br />d. Import to the Property only inert fill material complying with <br />Colorado Department of Health Regulations ("CDOH Regulations"); <br />and <br />e. Restore and reclaim the Property in a manner complying with <br />applicable county and state regulations. <br />8. The Contract also required monthly payments and imposed a late <br />payment penalty of 10% per annum on any payment not made by the 15th day of the <br />month following the month during which compensable removal or import of material <br />occurred. <br />