2016-11-02_GENERAL DOCUMENTS - M1978305

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EXHIBIT B SECOND ADDENDUM TO LEASE AGREEMENT THIS SECOND ADDENDUM TO LEASE AGREEMENT is executed by DALE A. DICKERSON,one half owner,JOHN C.DICKERSON,duly authorized on behalf of JOHN C.DICKERSON,RUTH ANN FURY and DAVID JOEL DICKERSON,one half owners and assigned heirs ofthe Dickerson Gravel Pit("Dickerson"),SALLYWILCOX(dba Gunnison Gravel) ("Wilcox"), and GUNNISON AGGREGATE RESOURCES, LLC, a Colorado limited liability company("Gunnison Aggregate Resources"),as follows: 1• RECITALS Dickerson and Wilcox entered into a Lease Agreement dated April 1, 1993.through which Dickerson granted Wilcox the exclusive right to enter and mine the Dickerson Gravel Pit("Lease Agreement). Dickerson and Wilcox later modified certain terms of the Lease Agreement through an addendum dated December 31, 1997 {"Addendum"). Dickerson and Wilcox desire to further modify the Lease Agreement and Addendum through this Second Addendum to Lease Agreement. Wilcox further desires the parties to acknowledge and affirm the assignment of her rights under the Lease Agreement to Gunnison Aggregate Resources. 2. AMENDMENTS. The Lease Agreement and Addendum are modified as follows: 2.1 The Addendum Is deleted in its entirety and replaced with this Second Addendum to Lease Agreement. 2.2 Paragraph 2 of the"RECITALS"section of the lease Agreement,pertaining to the length of the terra of the lease, is deleted in its entirety and replaced with the following: The Lease Agreement set the original Lease term at five years,to end on March 31, 1998. The Addendum extended the Lease term another 15 years beyond that date, to March 31, 2013. By this Second Addendum to Lease Agreement,the Lease term is hereby extended an additional five years to March 31,2018. The Lease term may be further extended beyond March 31, 2018 5y the mutual agreement of the parties. 2.3 Paragraph 4 of the "AGREEMENTS" section of the Lease Agreement, pertaining to the compensation rate for"large volume sales,"Is deleted in its entirety and replaced with the following: On any sale that qualifies as a large volume sale(i.e.over 5,000 tons), the parties shall agree to a lesser rate prior to such sale. Large volume sales shall be on a per contract basis,with Wilcox to provide Dickerson with a copy of the contract. Wilcox shall pay Dickerson for such sales within ten(10)days after Wilcox has been paid on the contract wft=.aet.noe Sm=WAditW.e I*Lem Aresaw wow,7oa M)VAN