2003-01-29_REVISION - M1998014

• Permit No: M1998014
• IBM Index Class Name: Revision
• Doc Date: 1/29/2003
• Doc Name: Amendment Application
• From: DMG
• To: Lafarge West Inc
• Type & Sequence: AM1
• Media Type: D
• Archive: No

BAND AND GRAVEL MINING LSASB
(Schmidt/Gypsum Ranch)
... ~ECE{VED
FEB t 21003
Division of Minerals and Ce
This Lease, made and entered into as of this ~ day of June 2001, by and
between Schmidt Ranch Partnership, LLP, a Colorado Limited Liability Partnership
with its principal place of business in Vail, Colorado 81657 and Gypsum Ranch
Co. LLC, a Colorado Limited Liability Company, with its principal place of
business in Carbondale, Colorado 81623, (hereinafter referred collectively as
owner) and Western Mobile, Inc., a Delaware corporation (hereinafter referred as
Lessee}.
WITNESSETH:
1. Lease of Prooerty. Owner hereby leases to Lessee the Property
("Property") described in the attached Exhibit "A." The Property is a portion of
lands owned by the Owner the `Schmidt/Gypsum Ranch," the balance of which is
being retained by Owner. Lessee may occupy the Property for the purpose of
sampling, drilling and testing for, mining, quarrying, excavating, removing and
selling Sand & Gravel from the Property, and for crushing, screening, washing
and other processing of Sand & Gravel excavated from the Property subject to the
other terms of this Lease. Lessee shall have the right to stockpile Sand &
Gravel on the Property, and to use the Property for processing plants, scale
houses, sales offices, crushing, screening, and washing plants, shop, office
building, concrete plant, asphalt plant and storage of related equipment, to the
extent permitted by applicable government regulations., during the term of the
Lease. Lessee shall have the right to the extent authorized by its governmental
permits to import and store on the Property Sand & Gravel, and similar materials
for resale from the Property in conjunction with similar operations concerning
materials excavated from the Property.
Lessee's occupancy shall be exclusive except for those Owner's rights as
noted hereafter concerning residential and agricultural leases granted by owner
(which leases shall im no event allow use of the property in a manner which
interferes in any manner with Lessee's operations hereunder), and Owner's right
to enter upon the Property, by employees or contractors, for inspection and
audit purposes and other purposes related to the enforcement of Owner's rights
under this Lease.
Prooert~ACCess. Owner shall permit Lessee to access the Property without
charge to Lessee across the balance of lands retained by Owner. Access shall
include, without limitation, the railroad crossing covered by the letter dated
January 23, 1998 betweett Union Pacific Railroad Company and Owner and the
Private~ROad Crossing Agreement executed~in connection therewith and the access
covered by the Colorado Department of Transportation Access Permit. Any costs
associated with obtaining and building a railroad crossing and associated
acceleration and deceleration lanes from the county road servicing the Property
shall be borne by the owner. Lessee shall maintain the roads during the term of
the Lease and return the roads at the end of the Lease in the same condition as
such roads existed at the beginning of the Lease.
2. Term. This Lease shall Commence Ori the ~ day of June, 2001 (the
"commencement Date") and shall terminate on the tenth {10nh) anniversary of the
Commencement Date. Provided, however, Lessee may extend the Term £or three (3~
additional periods of five (5) years by providing written notice to Owner at
least ninety (90) days prior to the end of the Term. Provided, however, that
said options may be exercised only on the following conditions: