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FINAL <br />STEVEN S. McWILLIAMS <br />GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL <br />THIS INDENTURE, dated this ,'~T day of tJRNl~Lf~ k.Y ,112 [insert date of Lessors <br />receipt of Company's notice of exercise of Option], (hereinafter referred to as the "Lease', by and <br />between Steven S. McWilliams, with his address being 12236 Weld County Road #8, Fort Lupton, <br />Colorado 80621 (hereinafter referred to as "Lessor~) and Mobile Premix Concrete, Inc., a Colorado <br />corporation (hereinafter referred to as the °Company"), with its address at 1400 West 64th Avenue, <br />Denver. Colorado 80221. <br />WITNESSETH <br />Company to Lessor <br />previously paid for the Option to Lease Gravel <br />Property ("Option") under which this Lease is taken), the receipt and sufficiency of which is hereby <br />acknowledged by Lessor, which sum shall satisfy the advance minimum royalty requirementidentified <br />in Paragraph 4 with respect to the period from the commencement date hereof to the end of the first <br />year of the term of this Lease, and on and subject to the terms and conditions provided in this Lease, <br />Lessor hereby leases, lets and demises to the Company the Materials as defined herein, in, on and <br />under the real property situate in Weld County and described in Exhibit A attached hereto and made <br />a part of this Lease (hereinafter referred to as the "Property"), and the exclusive right to sample, drill, <br />and test for, develop, mine, quarry, extract, process, sell, use and remove them daring the Initial Term <br />(as defined in Paragraph 2 below) of this Lease, along with the right during the Initial Term and <br />Successive Terms (as defined in Paragraph 2 below) to locate and operate with associated use <br />easements, as provided in Paragraph 5 below. In no event shall all or any part of the Property be used <br />as or for a landfill. <br />TOGETHER WITH the right to use and exercise the wafer and water rights appurtenant to the <br />Property that belong to Lessor ("Water Rights") to fhe extent appropriate for the extraction, removal <br />and processing of the Materials, as well as for revegetation and reclamation, and including exposure <br />of alluvial waters to evaporation. <br />Definitions. <br />A. Commercially Economic Materials shall mean all Materials that are removed <br />from the Property and all Materials that can be sold at a profit. The determination of whether Materials <br />can be sold at a profit shall be determined by Ccmpany in ifs sole and exclusive discretion. <br />_~ <br />sirw;xo.u~ <br />