2003-09-15_REVISION - M2001090 (2)

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AMBNDM$NT TO SAND AND GRAVSL MINING LSASS This Amendment to Sand and Gravel Lease (this "Amendment") is made and entered into as of this STS day of /~1~R~ ` 2001, by and between More Family Ranches, LLC, a Colorado Limited Liability Company with its principal place of business in Steamboat Springs, Colorado 80477 in Routt County, Colorado, (hereinafter referred collectively as Owner) and Western Mobile Northern, Inc., a Delaware corporation and subsidiary of Lafarge Corporation (hereinafter referred as Lessee). Recitals A. Owner and Lessee have entered into that certain Sand and Gravel Mining Lease dated March 11, 2001 (the "Lease"), a Memorandum of which is recorded as Reception No. ~i/t17 '~ in Hook at Page of the real property records of the Routt County, Colorado, Clerk and Recorder. e. owner and Lessee desire to amend the Lease in certain respects. Amendment NOW, TABRBFORB, for and in consideration of the Lease and the mutual promises and covenants contained herein and the mutual benefits to each party hereunder, the parties agree to amend the Lease as follows: 1. Section 4.4 of the Lease, titled Override Pee, ie modified by addition Of the following provisions, all of which shall take precedence over the provisions in the Lease as to the specific products and materials described herein: > a. (i) Terms, defined in the Lease shall have the same meaning in this Amendment except as expressly provided to the contrary herein. (ii) "Sand and Gravel Fee" means the Production Royalty on Sand and Gravel produced from the Property, payable pursuant to Sections 4.1 and 4.3 Of the existing Lease, or any Override 8e~ for imported Saad- and Gravel payable pursuant to Section 4.4 of the existing Lease. (iii) "Recycle Material" shall mean used asphaltic or concrete Material removed from a job site and deposited on the Property by or at the direction of Lessee or its asphalt plant or concrete plant eubleasee in connection with paving or concrete pouring jobs or projects performed by Lessee or such sublessee using product containing Sand and Gravel on which a Sand and Gravel Fee has become payable. (iv) "Waste Material° means asphaltic or concrete material produced from Sand and Gravel on which a Sand and Gravel Fee is payable that is produced and than 1 of 5 y~%///P/ !(N//