PERMFILE136277

• Permit No: M2006078
• IBM Index Class Name: Permit File
• Doc Date: 11/13/2006
• Doc Name: Original submittal of 111 Op application
• From: Flatiron Constructors, Inc.
• To: DRMS
• Media Type: D
• Archive: No

AGREEMENT
THIS AGREEMEI3T FOR EXCLUSIVE RIGHT TO MINE ("Agreement") is made by and
between Flatiron Constructors, Tnc. a corporation organized under the laws of the state of
Delaware ("Flatiron', and Phil Camenisch ("Landowner"} (collectively, Flatiron and
Landowner are referred to as the "Parties").
WPINFSSETH
WHEREAS, Landowner is the owner of certain real properly in Weld County, Colorado,
known by Address 3701 Weld County Road 20 '/~, Longmont, Colorado 80504, wnsisting of
approximately 80 acres (the `Property"}, and
WHEREAS, Flatiron is interested in acquiring from Landowner the right to extract sand,
gravel, topsoil (in limited quantities as set for below) and associated materials, not including oil,
gas, hydrocarbons or their constituents (the "Materials' from the Property, and
WHEREAS, Landowner is interested in granting the exclusive right to extract such Materials
to Flatiron pursuant to the conditions stated below.
NOW THEREFORE, for $100 and other good and valuable consideration the sufficiency of
which is hereby acknowledged, the Parties agree as follows;
1. Landowner hereby grants Flatiron the exclusive right to extract Materials from Property
for a period beginning with the date of this Agreement and ending on December 31,
2008. Landowner agrees to allow Flatiron to operate a crushing plant on Properly.
2. In exchange for the rights conveyed in 1. above, Flatiron agrees to the following:
a. Payment of a royalty of $0.~ per cubic yard to Landowner for Material removed
from the Property by Flatiron. Determination of Material removed shall be by
cross section. Flaiiron shall pay royalties on or before the 10`~ day of each month
for the preceding month. Payment shall be accompanied by copies of weight
tickets and/or other evidence satisfactory to Landowner showing how royalties
were detemrined.
b. Flatiron to obtain and pay for all necessary pemuts to extract Materials from
Property and to comply with all terms of the permits and applicable laws, miles
and ordinances. Flatiron shall keep the Properly free of liens and encumbrances.
c, Flatiron to obtain water rights needed and pay for all water augmentation and
wetland mitigation as required to extract Materials from property and which is
related to such extraction and fo any ponds created by such extraction.
d. Flatiron shall be responsible for stripping, stockpiling and replacing topsoil after
extracting Materials and for grading and reseeding the property in accordance
with the reclamation plan approved by Landowner prior to submittal to Weld
County or the State of Colorado and as necessary under mining permits.. Flatiron
shall not sell topsoil from the property without Landowner's prior written consent.
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