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MINING LEASE <br />`lZ -, L �-k r Tb ur,-.sZ�-� <br />THIS LEASE agreement is made and entered Into this ,.[Z day of April, 2010, by <br />and between DOLORES ('0EE-) e. BLUE, as Trustee ofthe DOLORES (µDEE°) B. SUE <br />REVOCABLE TRUST (hereinafter mfarred to as the "Lessor°) whose address is 0404 <br />Cou*Road 104, Carbondale, CO 81623 and WESTERN SLOPE AGGREGATES, INC., <br />a Colorado corporation, of the County of Garfield and State of Colorado (hereinafter <br />referred to as the "Leasee'. <br />For and in consideration of the payrnent o€,rent, the policies' royaitles, bereinafter <br />reserved, and the covenants and agreements herein contained, Lessor hereby leases to <br />Lessee the property described In Exhibit A attached hereto and forming a part hereat, <br />commonly known as the "Blue Pit,° to have and to hold the same upon the following terms <br />and conditions: <br />1. TERM. This Lease shall have an initial and primary term of twenty <br />Commencing the 1 *t day of April, 2010, and ending on the 31 st day of March, 2030, un ess <br />soonerforfefted, terminated orextended as hereinefterprovided. This lease, at the option <br />of the Lessee, may be extended for four (4) additional five (5) year terms, and shall be <br />subject to the provisions of Section 19. <br />2. TR'LE- Lessor represents and warrants that the area covered by this Lease is <br />free and dear of any and all liens adverse to the rights of Lessee hereurider and that <br />Lessor shall continue to maintain title to the leased premises without cost to Lessee <br />against any lien or calm adverse to Lessee not arlsing from any action of Lessee. Lessee <br />acmowiedges That Lessor has engaged the services of GAMBA AND ASSOCIATES to <br />review the legal description of the leased premises set forth on the attached Exhibit A. <br />'Lessor and Lessee agree that In the event said surveyor determines that theins Is e <br />discrepancy in the 18981 description of the Blue Pit that Exhibit A shall be corrected to <br />r0eGtthe curreg legal description of the leased premises.. Furthermare, if for anyreaeon <br />the additional Special Use Permit is not granted by the County as described below. Exhibit <br />A shall be modified to remove there from any portion of the Blue Pit which comprised the <br />area for which an additional Special Use Permit was requested. <br />3. USE. Lessee shall enter upon the leased premises and work the same so as to <br />mine the greatest amount of sand, gravel and aggregate possible consistent with the <br />development and preservation of the premises under the terms and conditions of the <br />'Special Use Permit dated December 21, 1981, issued by the County Commissioners of <br />Garfield County, Colorado and the Mined Land Reclamation Permit No. M-1981-207 dated <br />March 8, 1982, issued by the state of Colorado. Lessor acknowledges that Lessee Is <br />currently diligently pursuing a similar Special Use Permit for portions ofthe property notyst <br />permitted. The County may require that this additional Special Use Permit (I) be <br />incorporated into the existing Special Use; or (il) be a separate permit; or (111) replace the <br />existing Special Use Pennit. Once obtained, such additional Special Use Permit and all <br />" - Page 1 of 4 <br />