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111111111 IN TRECORDER'S MRANDUM <br /> HIS IDOCUM NTWAS FOUND <br /> ? 3216932 09/08/2004 02:10P Weld County, CO TO BE INADEQUATE FOR <br /> 1 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder SCANNING PURPOSES, <br /> SAND, GRAVEL AND AGGREGATE MINING LEASE 1 fl5� <br /> (Hall-Irwin Construction Co., Co✓Carl Eiberger, Cindy Baurer and Peter Baurer) <br /> Final—August 26, 1997 <br /> This Minn Lease is made this �� <br /> g �`;iay of August, 1997 by and between Carl Eiberger, <br /> Cindy Baurer and Peter Baurer("Landlord") and Hall-Irwin Construction, Co, 3026 4th Avenue, <br /> Greeley, Colorado 80631 ("Tenant"). <br /> Background of Agreement. The following background statements are made to aid inhthe., <br /> understanding and interpretation of this Mining Lease: • •�•- :�ZIVED <br /> A. Landlord owns the property described on Exhibit A(hereafter known as the MIM' 0 -� 2017 <br /> "Property" and sometimes referred to as the "Sand, Gravel and Aggregate Mine"). <br /> c;�Reclamation.,B. Tenant is willing to pay the costs associated with permitting the Property as a Kiwitllg&Safety <br /> Sand, Gravel and Aggregate Mine. <br /> C. Tenant has a lease for mining sand, gravel and aggregate on the land immediately <br /> south of the Property with HIBE, Inc. (the"ME Parcel"). <br /> D. Tenant has agreed to develop and seek approval of a mining plan that incorporates <br /> the ME Parcel and the Property, including the dv/elopment of a water ski lake. <br /> B. E. Tenant is willing to construct a water ski lake on the Property as shown on Exhibit <br /> NOW THEREFORE, in consideration of the mutual promises and covenants contained <br /> herein, Landlord hereby leases to Tenant those portions of its Sand, Gravel, and Aggregate Mine <br /> located on the Property. <br /> 1. Incorporation of Background Statements by Reference. All of the Background <br /> Statements are incorporated herein by this reference and made a part of the agreement of the <br /> parties. <br /> 2. Construction of Water Ski Lake. Landlord and Tenant have agreed that a water <br /> ski lake(the"Water Ski Lake")will be developed on the Property under the following conditions: <br /> a. The Water Ski Lake will be in the location as shown on Exhibit B and built to <br /> the specifications shown on Exhibit C. <br /> b. Tenant will develop the mining plan for the property in conjunction with the <br /> HIBE Parcel and will make the Water Ski Lake the first phase of mining on either parcel. <br /> °"4 <br />