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RECEIVED AGREEMENT For Lease OCT 17 2016 For Mining and Production of Gravel,Sand,Rock and Other Quarried Material Division of Reclamation, Mining&Safety g i By this Agreement made and entered into as of June 27,2016("Effective Date"),between Eight Mile,LLC,referred to as Landlord, and Everist Materials,LLC,referred to as Tenant, ("Agreement"),Landlord leases to Tenant the premises located in Grand County Colorado and described in Exhibit A("Cottonwood Quarry"or"Premises") for a term o ears,to 4 commence on upon the date when both the State Permit and the County Permit,both described below,have been transferred to Tenant("Commencement Date")and to end on the same date in provided that Tenant shall have the right to renew this Agreement'1011 onal n terms erms,by giving Landlord written notice of such renewal a least thirty i days prior to the end o each term. RECITALS r B A. Landlord is the owner of certain real property described in Exhibit A. B. Cottonwood Quarry is permitted to be mined in accordance with the"State Permit" issued by the Division of Reclamation,Mining and Safety, State of Colorado pursuant to the Mined Land Reclamation Act,under Permit Number M-2004-061. C. Cottonwood Quarry is permitted to be mined and other activities are permitted to be carried on in accordance with the"County Permit"issued by Grand County, Colorado under Resolution No. 2011-5-16. D. Both the State Permit and the County Permit are issued to Linke Construction,Inc. ("LCI") and LCI is in possession of the Premises under a Lease dated October 27,2003 ("Current Lease")that provides for a six(6)month period to wind down operations and remove improvements and equipment from the Premises. E. Tenant is entering into a separate agreement with LCI to acquire its improvements and 1 certain of its equipment for use by Tenant in carrying out its activities under this Agreement and to take control of the Premises and be responsible for the operations and for the reporting and payments to Landlord,all as of the Effective Date,provided that LCI will continue to carry on its mining and production activities pursuant to the Current Lease and pay the royalties and rent provided for in the Current Lease to Tenant at least until the Commencement Date and,provided,fiirther,that LCI will not have any reclamation responsibilities if the State Permit and County Permit both are transferred to r Tenant. F. In accordance with the terms and conditions of this Agreement,the patties desire to effect a smooth transition from the Current Lease so that Tenant can lease from Landlord the 1 4 i i