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CUGNINI GRAVEL PIT LEASE AGREEMENT This CUGN-NI GRAVEL PIT LEASE AGREEMENT ("Lease Agreement") is made and entered into by and between the PATRICK L. CUGNINI LIVING TRUST, of 677 East Third Avenue, Durango, Colorado 81301 ("Cugnini"), CUGNINI LAND AND CATTLE CO., a Colorado Corporation, of 677 Easf Third Avenue, Durango, Colorado 81301 ("CLACC") and OLDCASTLE SW GROUP, INC. dba FOUR CORNERS MATERIALS, whose address is P. O. Box 2707, Durango, Colorado 81302 ("FCM"). This Lease Agreement is executed by the parties as of the date set forth next to their signatures below, but is made effective as of October 1, 2002. Section 1. RECITALS 1.01 Cugnini. Cugnini and CLACC are the owners of certain real property located southeast of Durango, Colorado more particularly described in the legal descriptions stated in Exhibit A, and incorporated herein by this reference (hereinafter collectively referred to herein as the "Cugnini Property"). The "Cugnini Gravel Pit" (hereinafter referred to simply as the "Gravel Pit") is located on the Cugnini Property and is depicted in the area described in Exhibit B, attached hereto and incorporated herein by this reference. Cugnini's ownership interest in the Gravel Pit and Cugnini's and CLACC's ownership interest in the Cugnini Property includes the surface estate and ownership of all minerals, including all sand and gravel minerals. 1.02 FCM. FCM is engaged in the business of mining, crushing, processing and selling sand and gravel and associated rock products and the business of manufacturing and selling concrete and asphalt related products. 1.03 Gravel Mining. Cugnini is currently authorized to operate and conduct mining related operations at the Gravel Pit pursuant to the terms of Permit No. M-86- 061 issued by the Colorado Division of Minerals and Geology, as amended ("Gravel Permit") and pursuant to La Plata County Land Use Permit, Project 93-192 ("Land Use Permit"). The Gravel Permit and Land Use Permit encompass those areas in the Site Pfan approved by the Colorado Division of Minerals and Geology and depicted in Exhibit B. 1.04 Intent. FCM, Cugnini and CLACC enter into this Lease Agreement to memorialize the terms of their agreement which provides for FCM's mining at arid use of the Gravel Pit and future expansion area of the Gravel Pit and the operation of FCM's business at the Gravel Pit, including future expansion area, throughout the term of this Lease Agreement. Section 2. REPRESENTATIONS 2.01 Authorized to Conduct Business. Cugnini, CLACC and FCM represent to each other that each is authorized to enter into this Lease Agreement in the form and