2002-10-15_REVISION - M1991035 - Laserfiche WebLink

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AMENDMENT TO LEASE AGREEMENT THIS AMENDMENT TO LEASE AGREEMENT, dated this ~~ day of ~~c .T,:"'ilC"i` 2002 (hereinafter referred to as this "Amendment"), is by and between SPICER MINERAL CORPORATION ("Lessor"), whose principal office is located at c/o Integrated Planning, Inc., 2020 Pearl Street, Suite B, Boulder, Colorado 80302-4430 {hereinafter referred to as "Lessor') and MINERAL RESERVES, INC., a subsidiary of Lafarge West, Inc., whose principal office is 1400 West 64~' Ave., Denver, Colorado 80221-0588 (hereinafter referred to as the "Company"). WITNESSETH WHEREAS, Lessor and Lessee are parties to that certain Amended Lease Agreement, dated as of April 1, 1987 (together with any amendments, renewals, replacements, ratifications and assignments thereto and thereof, the "Lease") whereby Lessor, for and in consideration of the covenants and agreement therein contained to be kept and performed by Lessee, granted to Lessee the right to dig and remove clay, gravel and overburden from certain real property; WHEREAS, the real property description attached to and incorporated in the Lease inadvertently omitted the right to mine the south 100-feet of both the E%2SWY< and fhe SE'/, of Section 4, Township 2 South, Range 70 West, 6`" P.M. (the "Omitted Land"); WHEREAS, prior to discovery of the omission described above, Lessee has mined the Omitted Land and, pursuant thereto, has paid royalties due and owing under the Lease to Lessor; and WHEREAS, Lessor and Lessee desire to amend the Lease to include the Omitted Land and confirm their original intent with respect thereto. AGREEMENT NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Lessor, and subject to the terms and conditions provided in the Lease, the Lessor and the Lessee agree as follows: 1. Inclusion of Omitted Land in Lease. The Omitted Land is hereby included in the Lease and shall be subject to all of all of the parties' respective rights and obligations, including without limitation Lessee's reclamation-related obligations, as more particularly described in the Lease. The parties further acknowledge and agree that their intent was that Lessee had the right to dig and remove clay, gravel and overburden from the Omitted Land as though it had been included in the Lease as originally entered into and that Lessee has paid all royalties due with respect to mining of the Omitted Land. 2. Affidavits. Lessor and Lessee agree that they, directly or by and through their respective predecessors-in-interest, representatives and consultants, will execute affidavits stating their understanding that omission of the Omitted Land from the Lease was inadvertent and that their original intent was that the Omitted Land be included within the scope of the Lease. 3. Governmental Authorizations/Recording. The parties agree that copies of this Amendment to Lease Agreement and the affidavits described herein may be provided to the Colorado Division of Minerals and Geology and the Colorado Mined Land Reclamation Board and