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14.4 Lessee acknowledges that at no time shall the Lessee mine below a
<br />point in elevation on any point of the Property which would drop the level of
<br />the Property to a point equal to or less than ten (IO) feet above the one
<br />hundred (100) year flood plain for the Eagle River, which elevation has been
<br />previously identified by other authorities.
<br />15. Notice. All notices provided for hereunder shall be. given by
<br />registered or certified mail, postage prepaid, addressed to the parties as
<br />follows:
<br />Western Mobile Northern Inc., Western Slope Division, PO Drawer 368, Glenwood
<br />Springs, Colorado 81602, Attn: Steven Wood
<br />With a copy to: Mr. Gary Tuttle, Western Mobile Northern, inc., 1590 West 12 "',
<br />Denver, Colorado 80204
<br />Schmidt Ranch Partnership, 232 West Meadow Drive, vai1, Colorado 81657, Gypsum
<br />Ranch Co. LLC, a Colorado Limited Liability Company, P. O. Box 1220 Carbondale,
<br />Colorado 81623.
<br />Until any party notifies the other parties in .writing of a changed address,
<br />which changed address shall be applicable until a similar notice be given.
<br />16. Covenant of Ouiet Eni oyment; Ownership and Access. Except as expressly
<br />disclosed herein Owner covenants and warrants that at all times during the term
<br />hereof and any extensions hereof, Lessee shall peaceably and quietly enjoy the
<br />Froperty without disturbance by any person or entity claiming any interest in
<br />the Property (except-for governmental bodies claiming through exercise of the
<br />right of eminent domain or any statute, ordinance, governmental regulation or
<br />permits); Owner further covenants and warrants that it has good and marketable
<br />title to the Sand ~ Gravel on and under the Property free and clear of any prior
<br />non-operating Sand & Gravel interests, including but not limited to, production
<br />payments, and has the full right to enter into this Lease without violating the
<br />rights or interest of any third party; owner further covenants and warrants that
<br />by this Lease Lessee shall have all real property rights necessary to conduct
<br />the Sand .E Gravel mining and removal and related operations contemplated by the
<br />terms of this Lease and that the Property has access to a public right of way
<br />and that the Property is free of any hazardous and toxic materials.
<br />17. Successors and Ass isms. Without the prior written consent of Owner,
<br />which will not he unreasonably withheld, Lessee shall not assign this Lease, or
<br />sublet or grant any concession or license to use the premises or any part
<br />thereof. Consent by Owner shall not be required for assignment or subletting to
<br />another subsidiary of Lafarge Corporation. A consent by Owner to one
<br />assignment, subletting, concession, or license shall not be deemed to be a
<br />consent to any subsequent assignment, subletting, concession, or license. An
<br />assignment, subletting, concession, or license without the prior written consent
<br />of Owner, or an assignment or subletting by operation of law, shall be void and
<br />shall, at Owner's option, terminate this Lease. This Lease shall be binding to
<br />the heirs, successors, assignees, and transferees of the Owner or the Lessee.
<br />Provided, however, Owner is aware and consents to a sub-lease agreement with
<br />Grand River Construction Company and Granite Construction Company for the
<br />location of an Asphalt Batch Plant on the Property.
<br />28. Access for Reclamation- Following the expiration ox termination o£
<br />this Lease, other than by reason of default of Lessee prior to ~~CElVE ~ the
<br />"' FEg.12 2003
<br />Oivisian of Minerals and Gcefony
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