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11111111111111111111111111111111111111111111111111111111 <br /> 7620 041 2011 01:01P Weld County, CO <br /> 3762036 04h 31 <br /> 2 of 75 R 381.00 0 0.00 Steve Moreno Clerk& Recorder <br /> and a Commercial Option Contract To Buy And Sell Real Estate ("Distel Option <br /> Contract")for the Distel Option Property. <br /> 8. On July 24, 2oo1, Gary Peschel and Mhari Peschel entered into a Sand <br /> And Gravel Lease with Aggregate for real property ("Peschel Property") located west of <br /> the Bigelow Property and described on Exhibit F attached hereto. On April 16, 2002, <br /> Boulder County acquired title to the Peschel Property, subject to a reservation of the <br /> mineral rights thereto. On May 16, 2002, Longmont acquired a 50% interest in the <br /> Peschel Property as tenant in common with Boulder County. <br /> 9. On October 12, 2004, Longmont and Aggregate approved the First <br /> Amendment to the Amended and Restated Lease ("First Amendment"), which (a) <br /> allowed Aggregate to remove overburden from the Landfill and Sherwood Properties, <br /> (b) approved the amended Integrated Mining and Reclamation Plan, ("Integrated Plan") <br /> dated August 25, 2004. <br /> 10. Aggregate has completed mining operations on the Bigelow Property, the <br /> Peschel Property, the Donation Property, the Sherwood Property, and the Distel Option <br /> Property, except for those areas of the Distel Option Property located under a conveyor <br /> belt from the Landfill Property to the Aggregate Plant Site. <br /> 11. By this Second Amended Lease the parties intend to provide for: <br /> a. Amending and restating the Bigelow Mineral Lease and including <br /> the additional leasing of the Landfill Property and Distel Donation, <br /> Peschel and Sherwood Properties subject to the provisions and <br /> conditions set forth herein, so that Aggregate may conclude <br /> integrated sand and gravel mining operations and reclamation on <br /> the Bigelow Property, the Landfill Property, the Peschel Property, <br /> the Sherwood Property, and the intervening Distel Donation <br /> Property; <br /> b. A Second Amendment to the Distel Option Contract and <br /> Aggregate's granting an option to Longmont to purchase the Tull <br /> Option Property ("Tull Option Contract"), as shown on Exhibit G <br /> (collectively,the "Option Properties"); <br /> C. Longmont's granting extended Easements to Aggregate for the <br /> operation of conveyors over the Landfill Property to carry sand and <br /> gravel mined offsite to the Plant Site; <br /> d. Extending the time for Aggregate to mine and reclaim the various <br /> properties herein; <br /> e. Reducing the area to be mined to allow for protection for an eagles' <br /> roost area; <br /> Page 2 of 32 <br /> Aggregate Industries <br /> Final <br />