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FINAL <br />STEVEN S. McWILLIAMS <br />GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL <br />THIS INDENTURE, dated this I5T day of ~)F1-NtJLgR_Y , ~~ [insert date of Lessor's <br />receipt of Company's notice of exercise of Option], (hereinafter referred to as the "Lease"), by and <br />between Steven ~',. McWilliams, with his address being 12236 Weld County Road #8, Fart 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 />Company to Lessor <br />previously paid for the Option to Lease Gravel <br />Properly ("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 requirement identified <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 properly 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 during the Initial Term <br />(as defined in Paragraph 2 below) of this Lease, along with the right during the Initial Term and <br />Successive Term:; (as defined in ParagrapH 2 below) to locale 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 water and water rights appurtenant to the <br />Property that belong to Lessor ("Water Rights") to the 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 proft. The determination of whether Materials <br />can be sold at a profit shall be determined by Cempany in its sole and exclusive discretion. <br />~~ <br />s~9~oazo.zaz <br />