2023-05-16_REVISION - M1980136 - Laserfiche WebLink

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(10) Seventh Amendment to Sand and Gravel Mining lease, entered into October 12, 2010 between Lessor and Lafarge West,Inc. (hereafter"Seventh Amendment'). (11) Eighth Amendment to Sand and Gravel Mining lease,entered into January 31,2012 between Lessor and Lafarge West, Inc. (hereafter"Eighth Amendment"). (12) Ninth Amendment to Sand and Gravel Mining lease,entered into January 29, 2013 between Lessor and Lafarge West,Inc. (hereafter"Ninth Amendment"). i WHEREAS, all of the foregoing agreements described above pursuant to which Lafarge operated the mining activities at the Property will be collectively referred to herein as the "Original Lease." WHEREAS, Oldcastle entered into an Asset Purchase Agreement with Lafarge West,Inc. dated as of May 2, 2013, pursuant to which Oldcastle acquired certain rights,properties and assets owned or held by Lafarge West,Inc. or used by Lafarge West,Inc. primarily related to Lafarge West,Inc.'s operations in Colorado,which assets included the Original Lease. WHEREAS, the County executed a Consent and Estoppel Certificate to such Asset Purchase Agreement dated as of June 11, 2013,pursuant to which County consented to the assignment of the Original Lease to Oldcastle. i WHEREAS, the County and Oldcastle now desire to amend and restate the terms of the Original Lease in its entirety with the terms and provisions of this Agreement. AGREEMENT NOW,THEREFORE,for ten dollars and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereby amend and restate the Lease in its entirety and agree as follows. This Agreement shall replace and supersede the Original Lease, 1. The County leases to Oldcastle for the purposes of sand and mineral extraction those areas more particularly described on Exhibit A, attached hereto and by this reference incorporated herein (hereafter"Leased Premises"). Within one hundred eighty(180)days of the effective date of this lease, Oldcastle agrees to make application for and diligently pursue an approval of 1) a County special use permit for mining gravel thereon and 2)a Mined Land Reclamation Board permit therefore. If Oldcastle is unable to obtain said permits for any portion of the Leased Premises,that portion shall be immediately removed from this Agreement. By entering into this Agreement, County acts only in its proprietary capacity and makes no representation that any future special use permits or amendments will be granted. This Agreement shall be subject to all terms and conditions set forth in any existing or future Eagle County special use permits and Mined Land Reclamation Board permits. j 2 i