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2010-06-10_PERMIT FILE - M1980136
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2010-06-10_PERMIT FILE - M1980136
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Last modified
8/24/2016 4:12:56 PM
Creation date
6/15/2010 9:30:58 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1980136
IBM Index Class Name
PERMIT FILE
Doc Date
6/10/2010
Doc Name
Lease agreement
From
LaFarge
To
DRMS
Email Name
DMC
Media Type
D
Archive
No
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5, Lafarge will complete all excavation from the Expansion Area by not later than <br />December 31, 2025, and shall thereafter conduct no further excavation therefrom, and Article 2 of <br />the Existing Lease is hereby amended to provide for the same. <br />6. Lafarge shall complete reclamation up to reseeding the Expansion Area by no later <br />than December.31, 2027, and Article 2 of the Existing Lease is hereby amended to provide for the <br />same. The Parties acknowledges hereby that all of the leased premises must be mined and <br />reclaimed in accordance with the Lease and State mining permit and be vacated by that date. <br />. 7. After Excavation of the Expansion Area is completed, the Expansion Area shall be <br />reclaimed as agricultural farm land with the exception of a permanent aggregate surfaced access <br />road to the relocated ball fields as more particularly set forth in Article 18 hereunder. Lafarge <br />agrees to reasonably wort: with the County after, excavation of the Expansion Area is completed <br />in reclaiming the site in a manner that will enhance the operation of the relocated ball fields. <br />Such enhancements may include, but are not limited to, slope ratios in and around the reclaimed <br />ball fields that may provide spectator seating. Except as otherwise specifically stated herein, <br />reclamation of the Expansion Area will be in conformance with the plan to be presented and <br />approved by Eagle County through the special use permitting process. Reclamation shall be <br />deemed complete when site preparation is completed pursuant to an approved plan and the <br />revegetation plants are frilly established for a period of one year. Lafarge will revegetate with <br />topsoil or appropriate nutrients, reseed, and maintain plants to the extent required to establish <br />growth consistent with the natural vegetation (before mining) at any time during the two years <br />following the expiration or earlier termination of this Lease. The obligation to reclaim survives <br />the termination of the Lease.. <br />8. This Sixth Amendment shall terminate at the earlier of the dates set forth in <br />Articles 5 and 6 herein or upon the completion of the reclamation in the Expansion Area. All of <br />the other leased areas identified as Areas A-D on the attached Exhibit I will be mined and <br />reclaimed in accordance with the Existing L,ease.. <br />9. Lafarge agrees to provide the capital in a total amount not to exceed $3.925 <br />million to fund the relocation of the ball fields from the current location to the location shown on <br />Exhibit 1. Expenditures for such relocation may include, but are not necessarily limited to: fields <br />and associated enhancements, paved parking, access roads and trails, utilities, restrooms, <br />concessions, storage, lighting, playgrounds, irrigation ditches and other improvements deemed <br />necessary by the County for the construction and enhancements of the ball fields, Such capital <br />payment will be made to the County after all relevant state mining and County special use permits <br />have been obtained. The capital payment will be made into an escrow account approved by both <br />parties with payment to be made as contracts for the construction of the relocated ball fields or <br />other improvements have been performed and payment to the contractors becomes due. This <br />Sixth Amendment to the Lease is conditioned upon Lafarge obtaining requisite state mining <br />permit, County special use permit, or WECMRD approvals. Lafarge will diligently pursue all <br />permits and provide the County with periodic updates of progress.
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