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2017-04-06_REVISION - M1998058
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2017-04-06_REVISION - M1998058
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Entry Properties
Last modified
6/16/2021 2:21:15 PM
Creation date
4/7/2017 9:16:19 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1998058
IBM Index Class Name
Revision
Doc Date
4/6/2017
Doc Name Note
Incomplete
Doc Name
Incomplete
From
Connell Resources, Inc. / Oldcastle SW Group, Inc. dba United Companies of Mesa County
To
DRMS
Type & Sequence
SO2
Email Name
ACY
GRM
Media Type
D
Archive
No
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LANDLORD CONSENT AND ESTOPPEL <br />This LANDLORD CONSENT AND ESTOPPEL (this "Estoppel and ConscnV) dated <br />as of February 2 �—, 2017 (the "Effective Date"), is executed by LuIce J. Tellier and Caroline <br />Jean Tellier ("Landlord"), in favor of Connell Resources, Inc., a Colorado corporation <br />("Assignor') and Oldcastle SW Group, Inc., a Colorado corporation ("Assignee'D. <br />WHEREAS, Assignor is presently the holder of the tenant's interest under the provisions <br />of that certain Sand and Gravel Lease dated as of April 2, I999, as amended by that certain <br />Agreement to Amend dated December 19, 2008, and that certain Agreement to Amend dated <br />February 2,.�D 2017 (the "Lease"), by and between Landlord and Assignor, pursuant to which <br />Assignor is leasing from Landlord certain real property and related interests in Routt County, <br />State of Colorado, as more particularly described in the Lease. <br />WHEREAS, Assignor and Assignee are contemplating entering into an Asset Purchase <br />Agreement (the "Purchase AgreemeneD, pursuant to which Assignor will assign and Assignee <br />will assume all of Assignor's interests, rights and obligations pursuant to the Lease at the closing <br />of the transactions contemplated by the Purchase Agreement (the "Closing Date"), contingent <br />upon Landlord's execution and delivery of this Estoppel and Consent; and <br />WHEREAS, Landlord is willing to execute this Estoppel and Consent to grant its prior <br />written consent to Assignor's assignment of the Lease to Assignee and to make certain <br />representations set forth herein. <br />t <br />NOW, THEREFORE, with the understanding that Assignor and Assignee will be relying <br />on each of the statements contained in this Estoppel and Consent, Landlord hereby agrees as <br />follows: <br />1. Consent to Assignment. Pursuant to Section 24 of the Lease, Landlord, by its <br />execution below, hereby expressly consents to the assignment of the Lease by Assignor to <br />Assignee, and the assumption by Assignee of all of Assignor's interest, rights and obligations <br />under the Lease. <br />2. Landlord Estoppel. Landlord hereby represents and warrants that a true, correct, <br />and complete copy of the Lease with all amendments, supplements and modifications thereto, is <br />attached hereto as Exhibit A, and all of the terms, covenants and conditions of the Lease are <br />presently, and shall continue to remain, in full force and effect in all respects from and after the <br />assignment of the Lease from Assignor to Assignee. Further, Landlord represents and warrants <br />that, as of the Effective Date: <br />(a) all royalties, base rent and all additional rent and other charges required to be paid <br />under the Lease have been paid for the period up to and including the Effective Date, <br />there are no other fees or payments presently due under the Lease; <br />(b) there are no defaults, breaches or unsatisfied conditions presently existing under <br />the Lease and no events have occurred that, with the passage of time or the giving of <br />notice, or both, would constitute a breach or default under the Lease or permit Landlord <br />to terminate the Lease or exercise any other remedies; <br />
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