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GRAVEL PIT LEASE <br />ASSIGNMENT AND NOVATION <br />AGREEMENT <br />The Montrose County Board of County Commissioners (" BOCC") and Lazy V S Family <br />1,1mited Partnership ("Lazy V S") and Falcon Agriculture, L.LC ("Falcon") hereby enter into the <br />following agreement for the assignment and novation ofa gravel pit lease from the name of Lazy <br />V S Family Partnership, as lessor, to Falcon Agriculture, LLC, as lessor. <br />WHEREAS, on November 16, 2009, Laze V S, as lessor, and BOCC, as lessee, entered into a <br />real property lease for the possession, operation and use of a gravel pit; surrounding property and <br />gravel mined from the pit, a copy of said lease is attached hereto as Exhibit A ("the Soderquist <br />pit lease"); and <br />WHEREAS, Lazy V S is a limited family partnership that desires to convert itself into a limited <br />liability corporation, named Falcon Agriculture, LLC and transfer assets of Lazy V S to Falcon; <br />and <br />WHEREAS, Lazy V S has transferred or will transfer assets, including the Soderquist pit lease, <br />to Falcon; and <br />WHEREAS, Falcon desires to assume all rights and responsibilities under the Soderquist pit <br />lease, and <br />WHEREAS, BOCC arid Lazy V S and Falcon desire to effect the assignment and novation of <br />the Soderquist pit lease such that Lazy V S relinquishes all rights under the lease to Falcon, <br />Falcon is denominated the lessor under the lease, and BOCC remains lessee and retains all rights <br />and obligations under the lease. <br />NOW, THEREFORE, the BOCC and Lazy V S and Falcon agree as follows: <br />1. Falcon accepts all rights and responsibilities under the Soderquist pit lease. <br />2. The BOCC and Lazy V S consent to the transfer of the Soderquist pit lease into the name <br />of Falcon as the lessor, <br />3. All provisions, terms, obligations and rights specified in the Soderquist pit lease remain <br />unchanged by this document except to the extent that Falcon becomes the lessor. <br />4. Nothing in this agreement shall be interpreted as a waiver of any existing default of the <br />terms of the Soderquist pit lease, if any.