2007-03-09_REVISION - M1979097 - Laserfiche WebLink

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AMENDMENT TO SAND AND GRAVEL MINING AND PLANT SITE LEASE AGREEMENTS (East Rigden Site) This AMENDMENT TO SAND AND GRAVEL MINING AND LANT STYE LEASE AGREEMENTS (this "Amendment") is entered into this ~ day of 2003, between LAFARGE WEST, INC., a Delawaze corporation which was formerly know as Western Mobile Northern, Inc, ("Tenant") and COTTONWOOD LAND AND FARMS, LTD., a Colorado limited partnership ("Landlord"). INTRODUCTORY PROVISIONS The following terms and conditions constitute the basis for and form a part of this Amendment: A. Landlord and Tenant executed a Sand and Gravel Mining Lease dated May26, 1989 (the "Mining Lease") relating to certain property located in Larimer County containing two pazcels therein described as the North Pazcel and the South Pazcel, as more particularly described in Exhibit B attached hereto and attached to the Mining Lease. B. Landlord and Tenant executed a Plant Site Lease Agreement dated May 26, 1989 (the "Concrete Plant Lease's relating to a part of that certain property located in Larimer County more particularly described in Exhibit B attached hereto. C. Landlord and Tenant executed a Plant Site Lease Agreement dated November 26, 1993 (the "Asphalt Planf Lease"} relating to a part of that certain property located in Larimer County more particulazly described in Exhibit B attached hereto. The Mining Lease, Concrete Plant Lease and Asphalt Plant Lease aze collectively referred to herein as the "Leases". D. The terms of the Concrete Plant and Asphalt Plant Leases currently expire on May 26, 2004. The term of the Mining Lease Expires on December 31, 2004, except that it continues with respect to the South Pazcel for certain reclamation activities, and it continues as to the North Pazcel through December 31, 2014. The parties desire to extend and continue the Concrete Plant and Asphalt Plant Leases and reduce the term of the Mining Lease on the terms provided therein, as modified by the terms and conditions of this Amendment. E. Landlord and Tenant desire to amend and modify the Leases as set forth below. All capitalized terms have the meaning ascribed to them in the Leases. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged byLandlord and Tenant, Landlord and Tenant do hereby modify and amend the Leases as follows: ~ wogs i vxo nmr;