2006-04-18_REVISION - M1980136 - Laserfiche WebLink

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C. 1n the previous amendments, the Parties expanded the azea of the Lease for the purpose of expanding the gravel resource available for mining, and extended the Lease to allow time to mine the expansion azeas. D. The Parties now wish to expand the azea of the Lease for the same purpose. Prior to Mining the new Expansion Area, Lessee will obtain permission for gravel mining by the Colorado Mined Land Reclamation Boazd and by a special use permit from Eagle County. TERMS AND CONDITIONS THEREFORE, in consideration of the mutual promises set forth herein and in the Lease, the parties agree: 1. Hereinafter, "Lease" means and refers to the Existing Lease as amended by this Fifth Amendment. 2. Pazagraph 1 of the Existng Lease is hereby amended to add the property designated as "Expansion Area" as more particularly described on and depicted in the site plan attached hereto and incorporated herein by reference as Exhibit 1 dated October 18, 2005. Notwithstanding the foregoing, the lease of the Expansion Area is contingent upon Lessee fast obtaining, and delivering to Lessor, a true copy of a county special use pemrit for mining gravel thereon detailing the legal description of the Expansion Area and a Mined Land Reclamation Boazd permit therefor. By entering into this Lease, Lessor acts only in its proprietary capacity and makes no representation that a special use permit will be granted. This Lease shall be subject to all terms and conditions set forth in the Mined Land Reclamation Board permit and Eagle County special use permit. 3. Also, notwithstanding the foregoing, the Expansion Area shall not include any property previously leased by Lessor to the Western Eagle County Metropolitan Recreational District ("WECMRD") without WECMRD written permission. Lessee accepts responsibility for determining the extent of the WECMRD lease and of any conflict between said lease and Exhibit I. 4. Hours of operation shall be from 7:00 a.m. to 7:00 p.m., at maximum, Monday through Saturday; nevertheless, nighttime extraction or processing, requiring lights, will not be allowed without the prior written approval of the Lessor. No operations will be allowed in the Expansion Area on the dates on which there are Eagle County Fair & Rodeo events, normally about ten days per year. 5. Lessee will complete all excavation from the Expansion Area by not later than December 31, 2009, and shall thereafter conduct no further excavation therefrom.