2018-02-28_REVISION - M1990094 ‎(7)‎

• Permit No: M1990094
• IBM Index Class Name: Revision
• Doc Date: 2/28/2018
• Doc Name: Request For Succession Of Operator
• From: DRMS
• To: Russell Larsen
• Type & Sequence: SO1
• Email Name: ACY
• Email Name: BJC
• Email Name: WHE
• Media Type: D
• Archive: No

MEMORANDUM OF LEASE AGREEMENT
This MEMORANDUM OF UNDERSTANDING (the "Memorandum") sets forth the
understanding of Kilgore Companies, LLC dba Elam Construction, a Delaware a limited liability
company ("Elam") and A & G Partnership, LLP, a Colorado limited liability partnership
("Parkerson" and together with Elam, the "Parties") regarding the access and right of entry
pursuant to the original "MULTI-PIT MINING LEASE AGREEMENT" ("Lease Agreement")
executed July 17, 2017.
WHEREAS,Parkerson owns the gravel pits with common names of C Road Pit,
Woodring Pit,Unaweep Pit, 231/4 Road East Pit, 231/4 Road West Pit, 31 Road River Pit,Black
Rock Pit and East Douglas Pit (BLM Lease), Sunnyside Pit and associated acreage, each as
further described on Exhibit"A"(the"Properties").;
WHEREAS, Parkerson desires to lease to Kilgore and Kilgore desires to lease from
Parkerson the Properties and related rights for the purpose of mining, removing, and processing
sand, gravel and aggregate material. All the Properties are permitted except Black Rock Pit, 23%4
Road West Pit and 31 Road River Pit, and Kilgore shall assume all permit obligations, including
but not limited to reclamation.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree to the recitals stated above and acknowledge as
follows:
AGREEMENT
1. Understanding
a. The Lease Agreement is executed between KILGORE COMPANIES, LLC
and A&G PARTNERSHIP,LLP and is recognized by the Parties that Kilgore
Companies, LLC dba Elam Construction has equal right of entry and privileges
to this Lease Agreement with A & G PARTNERSHIP, LLP, Black Rock GJ,
LLC, MOSQUITO CREEK RANCH, LLC, AND PARKERSON BROTHERS LLC IN
RECOGNITION FOR RIGHT OF ENTRY TO THESE COLORADO DIVISION OF
RECLAMATION MINING AND SAFETY PERMIT No. M1986160, M2016050,
M1984001,MI987103,MI990094,M1978323.
2. Nothing contained within this Memorandum shall change the status or any condition
of the Lease Agreement other than the acknowledgement of Kilgore Companies dba
Elam Construction having equal right of entry to the Properties. The Lease Agreement
shall continue in full force and effect according to its terms.
IN WITNESS WHEREOF, the Parties have executed this Memorandum, effective on the
last date shown below.