2019-05-13_REVISION - M2012024 ‎(4)‎

• Permit No: M2012024
• IBM Index Class Name: REVISION
• Doc Date: 5/13/2019
• Doc Name: Completeness Response
• From: DRMS
• To: Burr Oak Investments
• Type & Sequence: SO2
• Email Name: SJM
• Media Type: D
• Archive: No

MEMORANDUM OF MINING LEASE
STATE: Colorado
COUNTY: Delta
LESSOR or OWNER: MGMGJ Properties, LLC,a Colorado limited liability
company
LESSEE or TENANT: Whitewater Building Materials Corporation,a
Colorado corporation
EFFECTIVE DATE: April 2,2019
As of the Effective Date stated above, Lessor executed and delivered to Lessee a Mining Lease
(the "Lease") in which Lessor granted, leased and let to Lessee the property located in Delta
County, Colorado (the "Property") described as follows:
The N%2 NW'/4, Section 9,T 15 S,R 95 W,6'h Principal Meridian,
EXCEPTING therefrom that certain parcel of land described by the instrument recorded
in the public records in and for Delta County, Colorado in Book 145 at Page 202,having
been previously described as the East twenty five feet(25')of the El/z NEl/4 NW'/4 of said
Section 9 which is further described as follows:
Beginning at the Northeast corner of the said E%2 NE%4 NW'/4(the 1/4 corner common to
Section 4 of said T 15 S, R 95 W and said Section 9);thence on the East line of the said
El/2 NE'/4 NW%4 S 000 09' 11" W, 1325.80 feet to the Southeast corner of the said E%2
NE'/4 NW'/4(the Center North 1/16 comer of said Section 9);thence on the South line of
the said E%NE'/4 NW'/4 N 89' 53' 31" W, 25.00 feet; thence parallel with the said East
line N 00' 09' 11" E, 1325.76 feet to the North line of the said E%z NE'/4 NW'/4; thence
on the said North line N 89'58' 57"E,25.00 feet to the point of beginning.
The primary term of the Lease is from the Effective Date through April 1,2029.
The Lease grants to Lessee the following:
1. the exclusive right to develop, mine, produce, remove, process, stockpile and market
all sand, gravel,rock, stone and soil(except for topsoil required for reclamation of the
Property) from the Property;
2. The non-exclusive right to store on the Property in one or more areas approved by
Lessor non-hazardous materials capable of being recycled into and resold as
construction aggregates ("Products"), including without limitation inert sand and
gravel materials, asphalt and concrete;
3. The exclusive right to produce Products in one or more areas of the Property
approved by Lessor; and
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