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~ ~ ~~ms <br />~~ <br />FREMONT PAVING and REDI-MIX, INC. <br />839 MacKenzie Avenue RECEIVED Telephone: <br />P. O. Box 841 Bus. 719 - 275-3264 <br />Canon City, Colorado 81215 / ~ Qy~ (Res) 719 - 275-8200 <br /> <br />Sand and Gravel Pit Agreement M - ~ Oo7- 00/0 <br />April 2006---- <br />This contract, executed and entered into this 14's day of April, 2006, by and between Ted <br />Franciscotti, hereinafter referred to as "Owner', and Fremont Paving & Redi Mix, Inc., <br />hereinafter referred to as "Operator". <br />WITNESSETH: <br />Whereas, the Owner is the owner of certain real property located within Huerfano <br />Count, State of Colorado, and further have certain mining rights to said property. Legal <br />address; Section 3 & 34, Ranee 67 West, Township 26 South, of the 6u P.M, <br />approximately 282 acres. <br />*No mining shall take place around buildings north of County Road 613. <br />Whereas, Operator desires to provide labor and equipment to mine sand and <br />gravel off said property; and <br />Whereas, the parties desire to enter into this contract to set forth the terms and <br />conditions of said contract and mining agreement. <br />Now; therefore, for and in consideration of the terms, conditions, covenants, and <br />appointments herein contained, and for such other and further consideration, the receipt <br />and sufficiency of which is hereby acknowledged, the parties hereto stipulate and agree <br />as follows; <br />Term of Agreement: The term of this agreement shall be for a period of ] 0 years <br />beginning January 17, 2007, and terminating January 17, 2017. The Operator shall have <br />the option for first right or refusal for any renewed contract to the above-mentioned <br />property. <br />Property To Be Mined: The Operator shall have the right to locate Screening Plants, Hot <br />Asphalt Plants, and Crushing Plants, or any other machinery and equipment necessary to <br />conduct business in its normal course to use the sand, gravel, and material most <br />efficiently. The Owner gants the Operator exclusive right and privilege during the teen <br />of this agreement to enter upon, produce, excavate, screen and remove sand and gravel <br />from all or any part to the above mentioned property. The mined property will be within <br />the permitted area, if any additional property in to be mined it will be at the Owners <br />discretion, and costs of permitting will be the responsibility of the Operator. <br />ASPHALT CONCRETE SAND & GRAVEL <br />