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I{IIII IIIIII IIIII IIIII IIII{ III IIIiI IIII illl THIS DOCUMENE WASfi FOUND <br /> O"�rO IIIIII IIIII 11 01:01P Weld County, CO TO BE INADEQUATE FOR <br /> 3762036 04/13/20 5CANNING pU�tr OSES. <br /> 1 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> SECOND AMENDED AND RESTATED MINERAL LEASE <br /> THIS SECONDED AMENDED AND RESTATED MINERAL LEASE (this <br /> "Second Amended Lease") is entered into on December AL, 2009 between the CITY OF <br /> LONGMONT, a municipal corporation existing under the laws of the State of Colorado <br /> ("Longmont"), and AGGREGATE INDUSTRIES-WCR, INC., a Colorado corporation <br /> ("Aggregate"): <br /> RECITALS <br /> 1. On December 24, 1997, Aggregate entered into a certain Mineral Lease <br /> ("Bigelow Mineral Lease") with the Andrea Pierce Bigelow Living Trust ("Trust") for the <br /> real property described on Exhibit A-i hereto ("Bigelow Property"). <br /> 2. On January 13, 1998, Longmont entered into a Lease With Option to <br /> Purchase (the "Lease Purchase") with the Trust for the Bigelow Property, pursuant to <br /> which the Trust assigned to Longmont the Trust's interest in the Bigelow Mineral Lease <br /> and Longmont assumed the position of lessor under the Bigelow Mineral Lease. <br /> 3. Pursuant to the Lease Purchase, the Trust also conveyed to Longmont all <br /> of the Trust's right, title, and interest in the Coffin Davis Ditch and water rights, which <br /> were also the subject of the Bigelow Mineral Lease. The Trust is the owner of the fifteen _.�. <br /> (15) acre parcel referenced in this Second Amended Mineral Lease and described on -. <br /> Exhibit A-2 attached hereto. <br /> 4. Longmont owns real property located in the County of Weld, State of <br /> Colorado, and lying south of St. Vrain Creek, namely (a)the parcel described on Exhibit <br /> B attached hereto (the "Landfill Property"), which consists of approximately ninety- <br /> eight (98) acres, and (b) the parcel described on Exhibit C attached hereto ("The Distel <br /> Donation Property"), which consists of approximately sixty (60) acres and which was <br /> conveyed by Aggregate to Longmont on December 1, 2004. <br /> 5- Aggregate owns real property between and to the south of the Landfill <br /> Property and Bigelow Property, namely the parcel described on Exhibit D attached <br /> hereto ("Distel Option Property"), which consists of approximately one hundred fifteen <br /> (115) acres and contains its aggregate processing plant site("Distel Plant Site"). <br /> 6. On September 3, 1993, Sherwood and Aggregate's predecessor as lessee, <br /> C&M Companies, entered into a Sand And Gravel Lease for real property ("Sherwood <br /> Property") located southwest of the Bigelow Property and described on Exhibit E <br /> attached hereto. On December 31, 2001, Longmont acquired title to two hundred (200) <br /> acres of the Sherwood Property and entered into a Lease-Purchase Agreement to acquire <br /> the remaining three hundred(300)acres. <br /> 7. On October 9, 2001, Longmont and Aggregate entered into an Amended <br /> And Restated Mineral Lease ("Amended Lease") for the Bigelow and Landfill Properties <br /> Page 1 of 32 <br /> Aggregate Industries <br /> Final <br />