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M1978323 M1984001 M1986160 <br /> W 987103 IA1990094 M2016050 RECEIVED <br /> � Yl JUN 22 mg <br /> MEMORANDUM OF LEASE AGREEMENT O,luisiorr of fZecParrratiesr4 <br /> This MEMORANDUM OF UNDERSTANDING (the "Memorandum") sets ftR' Safety <br /> understanding of Kilgore Companies, LLC dba Elam Construction,a Delaware a limited liability <br /> company (`Elam") and A & G Partnership, LLP, a Colorado limited liability partnership <br /> ("Parkerson" and together with Elam, the "Parties") regarding the access and right of entry <br /> pursuant to the original "MULTI-PIT MINING LEASE AGREEMENT" ("Lease Agreement") <br /> executed July 17, 2017. <br /> WHEREAS, Parkerson owns the gravel pits with common names of C Road Pit, <br /> Woodring Pit,Unaweep Pit, 23'/4 Road East Pit,23%4 Road West Pit, 31 Road River Pit,Black <br /> Rock Pit and East Douglas Pit(BLM Lease), Sunnyside Pit and associated acreage, each as <br /> further described on Exhibit"A"(the"Properties").; <br /> WHEREAS, Parkerson desires to lease to Kilgore and Kilgore desires to lease from <br /> Parkerson the Properties and related rights for the purpose of mining, removing, and processing <br /> sand, gravel and aggregate material. All the Properties are permitted except Black Rock Pit, 23'/4 <br /> Road West Pit and 31 Road River Pit, and Kilgore shall assume all permit obligations, including <br /> but not limited to reclamation. <br /> NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of <br /> which is hereby acknowledged, the Parties agree to the recitals stated above and acknowledge as <br /> follows: <br /> AGREEMENT <br /> 1. Understanding <br /> a. The Lease Agreement is executed between KILGORE COMPANIES, LLC <br /> and A&G PARTNERSHIP, LLP and is recognized by the Parties that Kilgore <br /> Companies,LLC dba Elam Construction has equal right of entry and privileges <br /> to this Lease Agreement with A & G PARTNERSHIP, LLP, Black Rock GJ, <br /> LLC, MOSQUITO CREEK RANCH, LLC, AND PARKERSON BROTHERS LLC IN <br /> RECOGNITION FOR RIGHT OF ENTRY TO THESE COLORADO DIVISION OF <br /> RECLAMATION MINING AND SAFETY PERMIT NO. M1986160, M2016050, <br /> MI984001,MI987103,Ml990094,MI978323. <br /> 2. Nothing contained within this Memorandum shall change the status or any condition <br /> of the Lease Agreement other than the acknowledgement of Kilgore Companies dba <br /> Elam Construction having equal right of entry to the Properties. The Lease Agreement <br /> shall continue in full force and effect according to its terms. <br /> IN WITNESS WHEREOF, the Parties have executed this Memorandum, effective on the <br /> last date shown below. <br />