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�16 WT 4-0 E d TG-)e I IIIII! illll llll! Ilill 111111 IN 1111111111111111111111111 RECORDER'S MEMORANDUM THIS DOCUMENT WAS FOUND 3216932 09/08/2004 02:10P Weld'County, CO TO BE INADEQUATE FOR 1 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder SCANNING PURPOSES. SAND, GRAVEL AND AGGREGATE MINING LEASE(Hall-Irwin Construction Co., Co./Carl Eiberger, Cindy Baurer and Peter Baurer) Final--August 26, 1997 This Minin Lease is made this g �`d"ay of August, 1997 by and between Carl Eiberger, Cindy Baurer and Peter Baurer("Landlord") and Hall-Irwin Construction, Co, 3026 4th Avenue, Greeley, Colorado 80631 ("Tenant"). Background of Agreement. The following background statements are made to aid in the understanding and interpretation of this Mining Lease: A. Landlord owns the property described on Exhibit A(hereafter known as the "Property" and sometimes referred to as the "Sand, Gravel and Aggregate Mine"). B. Tenant is willing to pay the costs associated with permitting the Property as a Sand, Gravel and Aggregate Mme, C. Tenant has a lease for mining sand, gravel and aggregate on the land immediately south of the Property with ME, Inc. (the"ME Parcel"). D. Tenant has agreed to develop and s-ek approval of a mining plan that incorporates the ME Parcel and the Property, including the development of a water ski lake. B. E. Tenant is willing to construct a water ski lake on the Property as shown on Exhibit NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, Landlord hereby leases to Tenant those portions of its Sand, Gravel, and Aggregate Mine located on the Property. 1. Incorporation of Background Statements by Reference. All of the Background Statements are incorporated herein by this reference and made a part of the agreement of the parties. 2. Construction of Water Ski Lake. Landlord and Tenant have agreed that a water ski lake(the"Water Ski Lake") will be developed on the Property under the following conditions: a. The Water Ski Lake will be in the location as shown on Exhibit B and built to the specifications shown on Exhibit C. b. Tenant will develop the mining plan for the property in conjunction with the ME Parcel and will make the Water Ski Lake the first phase of mining on either parcel.