2007-03-09_REVISION - M1979097 - Laserfiche WebLink

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THIIiD AMENDMENT TO PLANT SITE LEASE AGREEMENTS (East Rigden Site) This THIRD AMENDMEN~ TO PLANT SITE LEASE AGREEMENTS (this "Third Amendment") is entered into this ~- day of~{; 2006, between LAFARGE WEST, INC., a Delaware corporation which was formerly known 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 Third Amendment: A. Landlord and Tenant executed a Sand and Gravel Mining Lease dated May 26,1989 (the "Mining Lease") relating to certain property located in Latimer County containing two parcels therein described as theNorth Parcel and the' South.Parcel, as more particularly described in Exhibit A 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") relating to a part of that certain property located in Latimer County more particularly described in Ezhibit A attached hereto. C. Laudlbrd and Tenant executed a Plant Site Lease Agreement dated November 26, 1993 (the "Asphalt Plant Lease's relating to a part of that certain property located iri Latimer County more particularly described in Exhibit A attached hereto. The Concrete Plant Lease and Asphalt Plant Lease are collectively referred td herein as the "Leases". The Leases and the Mining Lease were previously amended by that Amendment to Sand and Gravel Mining and Plant-Site Lease Agreements dated August 7, 2003, and that Second Amendment to Sand and Gravel Mining and Plant Site Lease Agreements dated November 17, 2004 (the "Amendments"). D. The terms of the Concrete Plant and Asphalt Plant Leases currently expire on December 31, 2006 with an option to extend to December 31, 2007. The term of;he Mining Lease has expired for all active utining purposes, except Tenant's completion of its reclamation related obligations and except for various access and conveyance rights. The parties desire to extend and continue the Concrete Plant and Asphalt Plant Leases, as modified by the terms and conditions of this Third Amendment. E. 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 of which is hereby acknowledged by Landlord and Tenant, Landlord and Tenant do hereby modify and amend the Leases as follows: {ooaoeaoe.ooc:s;