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<br />WHEN RECORDED RETURN TO:
<br />Randall G. Alt, Esq.
<br />Moye White LLP
<br />1400 16th Street, 6th Floor
<br />Denver, Colorado 80202
<br />TEMPORARY ACCESS MINING AND RECLAMATION EASEMENT AGREEMENT
<br />THIS TEMPORARY ACCESS MINING AND RECLAMATION EASEMENT
<br />AGREEMENT (this "Easement Agreement") is made as of the42 day ofAugust, 2015, by and
<br />between the CITY OF AURORA, COLORADO, a Colorado municipal corporation of the
<br />Counties of Adams, Arapahoe and Douglas whose address is 15151 East Alameda Parkway,
<br />Suite 3600, Aurora, Colorado 80012-1555 ("Grantor"), and L.G. EVERIST, INCORPORATED,
<br />an Iowa corporation, with its Colorado corporate offices at 7321 East 88th Avenue, Suite 200,
<br />Henderson, Colorado 80640 ("Grantee"). Grantor and Grantee are sometimes referred to herein
<br />individually as a "Party" or collectively as the "Parties".
<br />RECITALS:
<br />A. WHEREAS, Grantor, acting through Grantor's Utility Enterprise, and Grantee
<br />have entered into that certain Amended and Restated Purchase and Sale Agreement effective as
<br />of February 9, 2011, as amended (collectively, the "Purchase Agreement"), whereby the Grantee
<br />has agreed to install and construct Slurry Walls on certain real property located in Weld County,
<br />Colorado, hereinafter referred to as the "Project Property", as more specifically defined in the
<br />Purchase Agreement (as the same may be further amended from time to time) and to convey the
<br />Easement Property (as such term is defined in Recital B) to Grantor in phases over time as
<br />required by the terms and conditions of the Purchase Agreement;
<br />B. WHEREAS, Pursuant to the Purchase Agreement, Grantee has conveyed to
<br />Grantor, contemporaneously herewith, a portion of the Project Property, hereinafter referred to as
<br />the "Easement Property", as more specifically defined in Exhibits A-1 through A-6 attached
<br />hereto;
<br />C. WHEREAS, Grantee has continuing rights and obligations under the Purchase
<br />Agreement with respect to the Easement Property, including but not limited to the right to
<br />develop, mine, extract, process, market and sell Sand and Gravel (as such term is defined in
<br />Recital G) from the Easement Property and conduct Grantee's Sand and Gravel mining business
<br />activities and reclamation obligations thereon as contemplated by Grantee's then -existing mining
<br />permits applicable to the Easement Property, the completion of one or more lined water storage
<br />cells (collectively, the "Cells") on all or portions of Easement Property and reclamation of the
<br />same (collectively, "Grantee's Work");
<br />D. WHEREAS, in addition to the completion of Grantee's Work on the Easement
<br />Property, Grantee has continuing rights and obligations under the Purchase Agreement to use the
<br />Easement Property to access the other portions of the Project Property in all such manners as are
<br />reasonably necessary to allow Grantee to develop, mine, extract, process, market and sell Sand
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<br />Access Esmt Everist — 0-10-15
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