2001-11-26_PERMIT FILE - M2001113

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Amendmeut to SAND AND GRAVEL LEASE Lease signed September 12,1995 Date: July 13, 2000 Lease Parties: Owner: Gately Living Trust Lessee: Melvin R Gydesen and Robert Gydesen DBA: American Concrete and Gravel, LLC Amendment: 1. Except as stated below and in the following and/or attached EXHIBIT "AA" and EXHIBIT "BB" all terms and conditions of the original SAND AND GRAVEL LEASE AGREEMENT, including its Amendment dated March 7, 2000, remain in effect. 2. The North gravel pit site is deleted from the agreement. 3. The Wes[ gravel pit site is expanded to include a total of 17.1 saes. See attached drawing EXHIBIT "BB". This site shall be permitted as the first phase of the West gravel pit site. See item 4. Below. 4. The West gravel pit site shall be extended to include a minimum of 40 acres involving the hay meadows just to the west and south of the pit site referenced in item 3 above. It is acknowledged that this extended site may include more then 40 acres. The location is to be surveyed with said surveyed map attached to this amendment as EXHIBIT "AA". This site shall be permitted as the second phase of this pit site. The permitting process shall begin upon signing of this amendment. >n consideration for adding the minimum of 40 saes to the West gravel pit site American Concrete and Gravel, LLC shat] pay to the Gately Living Trust, an amoum equal to $ 4,000.00 per sae. This payment is in addition to the royalty fees of $ 0.50 per ton of mined materials called out in the original AGREEMENT. Payment of the $ 4,000.00 per acre is to be remitted as follows. A. $ 80,000.00 due July 13, 2000, signing date ofthis amendment. B. Minimum of $ 40,000.00 due July 13, 2001.• C. Minimum of $ 40,000.00 due July 13, 2002 • If the total aces added to this pit site exceeds the 40 aaes, the total acreage is to be determined by the survey map EXHIBIT "AA", an additional $ 4,000.00 pa added sae is to be paid, 50% added to the July ]3, 2001 and 50% added to the July 13, 2002 payments, D. If American Concrete and Gravel, LLC is sold or other wise transferred in ownership to other parties, no[ including the signature parties below, the total of the outstanding scheduled payments, items "B" and "C" above are due and payable upon the date ownership transfer takes place. The approval conditions of such transfer of ownership as stated in the original AGREEMENT remain in effect. Both the Owner and Lessee agree to this amendment, and shall bide by its terms and conditions, and it shall become a part of the September 12, 1995 lease ageement, and March 7, 2000 amendment. 1.