Laserfiche WebLink
C. In the previous amendments, the Parties expanded the area of the Existing Lease for <br />the purpose of expanding the gravel resource available for mining, and extended the Existing <br />Lease to allow time to nine the expansion areas. <br />D. The Parties now wish to expand the area of the Lease for the same purpose, Prior to <br />Mining the new Expansion Area, further identified as Area F to be defined through the special use <br />permit, Lafarge will obtain permission for gravel mining by the Colorado Mined Land <br />Reclamation Board and by a special use permit from Eagle County. Nothing herein shall be a <br />commitment, guarantee, or otherwise provide any types of entitlements as to the outcome of such <br />permitting. <br />TERMS AND CONDITIONS <br />THEREFORE, in consideration of the mutual promises set forth herein and in the Existing <br />Lease, the parties agree: <br />I . Hereinafter, "Lease" means and refers to the Existing Lease as amended by this <br />Sixth Amendment. <br />2. Article i of the Existing Lease is hereby amended to add the property designated <br />as "Expansion Area" as more particularly described on and depicted in the site plan attached <br />hereto and incorporated herein by reference as Exhibit 1 dated July 1.3, 2009. Notwithstanding the <br />foregoing, the lease of the Expansion Area is contingent upon Lafarge first obtaining, and <br />delivering to County, a true copy ofa county special use permit for mining gravel thereon <br />detailing the legal description of the Expansion Area and a Mined Land Reclamation Board <br />permit therefore. By entering into this Lease, County acts only in its proprietary capacity and <br />makes no representation that a special use permit will be granted. This Lease shall be subject to <br />all terms and conditions set forth in the Mined Land Reclamation Board permit and Eagle <br />County's special use permit. Lafarge shall commence the permitting process for these permits <br />within sixty (60) days from the date of execution of this Sixth Amendment.. <br />3. Also, notwithstanding the foregoing, the Expansion Area is on property currently <br />under, lease to the Western Eagle County Metropolitan Recreational District ("WECMRD"). <br />Accordingly, and not withstanding the foregoing Lease Amendment in Article 2 above, no mining <br />or processing activities may take place absent the written permission of WECMRD. It is <br />anticipated by the Parties that this permission is to be given upon satisfactory agreements to <br />relocate the ball fields as discussed herein. This Sixth Amendment to the Lease is conditioned <br />upon Lafarge obtaining requisite WECMRD approvals and will be terminated without cost to <br />either party if such approval is not obtained.. Lafarge shall obtain such requisite permission of <br />WECMRD prior to occupying the Expansion Area.. <br />4.. Hours of operation, environmental management plans, dust control plans, noise <br />control plans, etc. shall be as agreed to and authorized by Eagle County through the special use <br />permitting process.. Failure to comply with these plans shall be deemed a violation of the lease <br />and cause for termination pursuant to the default provisions of Article 12.