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ADDENDUM TO SAND, GRAVEL AND AGGREGATE MINING LEASE <br /> r This ADDENDUM TO SAND, GRAVEL AND MINING LEASE is entered into this 2,day of <br /> / , 2019 by and between Bernhardt Farms,LLC hereafter referred to as Landlord, and BURNCO <br /> Colorado, LLC dba Bestway Concrete Company, a Texas limited liability company, hereafter referred to as <br /> Lessee. of 301 Centennial Drive, Milliken, CO 80543: <br /> RECITALS <br /> WHEREAS Landlord and Lessee entered into a LEASE AGREEMENT dated on the 1'4 day of May, <br /> 2002 pertaining to property located in Weld County hereafter referred to as the Property; AND <br /> WHEREAS the FIRST AMMENDMENT TO LEASE was entered into on January 24. 2003;AND <br /> WHEREAS the SECOND AMMENDMENT TO LEASE was entered into on May 1.2003:AND <br /> WHEREAS the ASSIGNMENT OF SAND, GRAVEL, AND AGGREGATE MINING LEASE was <br /> entered into on February 17, 2017; AND <br /> WHEREAS both parties are in agreement that the previous agreements have been amended to reflect <br /> those changes; NOW <br /> THEREFORE,IT IS HEREBY UNDERSTOOD that Landlord and Lessee agree to amend the Lease <br /> Agreement and any addendums thereto as follows: <br /> 1. It is agreed that Lessee is granted access to and the right,but not the obligation, to remove overburden, <br /> sand, gravel and aggregate from the additional Property described to wit: <br /> That parcel of land containing 6.01 acres(more or less)described as Lot A.of Big Thompson Subdivision. Situate in the <br /> southeast Quarter of Section 1.Township 4.North.Range 67 West of the 6th P.M.,County of Weld. State of Colorado: <br /> also described as Parcel ID 105901000041.as shown and described on Exhibit A attached hereto("Property"): <br /> All other terms, covenants, and provisions of all previous agreements shall remain in full force and <br /> effect during this ADDENDUM TO SAND, GRAVEL AND AGGREGATE MINING LEASE. <br /> This ADDENDUM TO SAND. GRAVEL AND AGGREGATE MINE LEASE shall be binding upon <br /> and enure to the benefits of the heirs, executors' administrators, successors,beneficiaries. and assigns of the <br /> respective parties. <br /> j <br /> By: By: _ .-/ C <br /> Gene Wagner Timothy A.Bernhardt <br /> General Manager Manager <br /> BURNCO Colorado.LLC Bernhardt Farmsss <br /> B . <br /> /-.� tom: • , /, /Pr <br /> David L.Bernhardt <br /> Manager <br /> Bernhardt Farms.LLC <br />