2003-09-15_REVISION - M2001090 (2)

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VG ~ '" From: To; lIXl~ Ooc. Na ,~•. G/~y/lt S~(> Q 6 ~ Doc. Date (if no date mp): Ulvisieaof Mi°e~aleandGeoloar SAND AND GAAV&L MINING LEASE This Lease, made and entered into as of this 11th day of March 20D1, 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 Nestern Mobile Northern, Inc., a Delaware corporation and subsidiary of Lafarge Corporation (hereinafter referred as Lessee). WITNESSETH: i. Lease of Property. Owner hereby leases to Lessee the Property described in the attached Exhibit "A." The Property is a portion of lands owned by the owners the "More Family Ranch," the balance of which is being retained by owner. Lessee may occupy the Property for the purpose of sampling, drilling and testing for, mining, quarrying, excavating, removing and selling Sand 6 Gravel from the Property, and for crushing, screening, washing and other processing of Sand ~ Gravel excavated from the Property subject to the other terms of this Lease. Lasses shall have the right to stockpile Sand 6 Gravel an the Property, and to use the Property for processing plants, scale houses, sales offices, crushing, screening, and washing plants, concrete plant, asphalt plant and storage of related equipment, to the extent permitted by applicable government regulations, during the term of the Lease. Lessee shall have the right to the extent authorized by its governmental permits to import and store on the Property Sand 6 Gravel, and similar materials for resale from the Property in conjunction with similar operations concerning materials excavated from the Property. Lessee's occupancy shall be exclusive except for those Owner's rights as noted hereafter concerning residential and agricultural leases granted by Owner (which leases- shall in no event allow use of the property in a manner which interferes in any manner with Lessee's operations hereunder)., and owner's right to enter upon the Property, by .employees or contractors, for inspection and audit purposes and other purposes related to the enforcement of Owner'9 rights under this Lease. , Nothing herein shall be construed to be a conveyance of water rights or shares of companies providing water or other ownerships providing water which ih any way nosy he construed to be appurtenant to the real property which is the subject of this Lease, Owner's exclusive obligations with respect to water are set forth in Paragraph 6 hereof. ', 1.1. Pr~rty Access. Access to the aorth, including County Road 2Q and 20A ao well as the right-of-way more particularly described in easement dated August 18, 1998 and recorded August 27, 1978 in Book 749 at Page 1381, Reception No. 497950, Office of the Routt County Clerk and Recorder will be limited to emer gney u'se only. All such heavy truck or equipment traffic shall be through the ~rimary .access. to the west, which connects premises directly with U.S. Highway 131. The connection with the said roadway shall be made in a suitably safe manner so as to avoid conflict or hazards with such north access which is the primary access to that portion of the More Family Ranch property now and in the future. 2, Term. This Lease shall commence on the 11th day of March, 2001.' Excavation of Sand & Gravel shall terminate on the date when all conasercially '4~' 1 of is