PERMFILE136772

• Permit No: M2001046
• IBM Index Class Name: Permit File
• Doc Date: 5/7/2001
• Doc Name: 112 Applicaiton
• From: Owens Brothers Concrete Co.
• To: DMG
• Media Type: D
• Archive: No

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o.) Fax Transmittals. The Buyer and Seller agree that a facsimile transmittal of this
contract shall be considered as an originally executed document and shall be
binding upon the parties hereto. The Buyer and Seller further agree that the exact,
originally executed contract which was transmitted by facsimile shall be delivered to
the appropriate party via U.S. mail, messenger, or other acceptable delivery service
within seven (7) calendar days from the date of said facsimile transmittal.
p.) Calendar Days/Business Days. As used in this contract, the term "calendar days°
shall be deemed to mean each and every day of the calendar year. The tens
"business days' shall be deemed to mean each and every day of the calendar year,
excluding Saturdays, Sundays, And Federal or Sate holidays, In the event any date
called for herein falls on a Saturday, Sunday of Federal or sate holiday, said date
shall be extended to the next business day following such Saturday, Sunday or
Federal or State holiday.
q.) MEC. As used in this contract, the tenn "MEC" shall be defined as mutual execution
of this contract.
r.) This contract is expressly contingent upon the approval of the Board of Directors of
Owens Bros. Concrete Co. within 45 days of MEC.
s.) Mineral Rights. Seller to retain and reserve all rights to oil and gas and royalty
interests to same. Seller to convey all right to sand and gravel and other common
variety minerals to buyer.
t) Water rights. Seller to retain all rights to Lupton Meadows Ditch and to Strong and
Herren Fann Inc. Wells ff4 and #5 and related sprinkler equipment, pumps etc. 1 ,
Setter to convey to buyer by appropriate transfer document at closing 1• shared of u
Last Chance Ditch and to Strong and Herren Farms Inc. Weil #1 and #3 and related ~tl~
pumps, casing, pipe, etc.
u.) Partial Releases. Partial releases shall be made at 125% of sales price per acre
and releases shall be granted by each individual "field" in their individual
tote rty. For example, a field of 40 acres can only be released when' of
principal has been paid to seller by buyer. Th~down payment will apply
as credit to the first "field" released.
v.) Western Access. Seller agrees to cooperate and grant necessary access along
the western boundary of Sec. 28: NFJ4 and NW/4SE14 to buyer to use as a road
connector to the Sl2 of SW/4 of Section 28 and SW/4 of SE/4 of Section 28.
w.) Farm Lease. Seller agrees to lease back all un-mined acreage on a year-to-year
basis at a lease rate of per acre for corn and ~r acre for onions
and cabbage, to be paid in total after harvest, but not later than December 1. Buyer
to notify Seller no later than January r, of each year as to land to be taken out of
farm production for that year. Seller tc• pay power costs for the wells and pumps,
ditch maintenance and water assessm~mts for ditch water used. Buyer to pay for
maintenance of pumps.
x.) Closing. Closing shall occur 20 da ~s after mining permit is granted by Weld
County.

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y.) Phill Foster and Company is actinc as a buyer's agent in this transaction.
Commission will be paid by seller.