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way to leave Area B with the appropriate foundation, elevation, and grade necessary for new ball <br />field construction. Such foundation, elevation, and grade requirements will be as determined by <br />the third party contractor and/or the County and Lafarge, and Lafarge shall incorporate these <br />recommendations into its operation and reclamation of this Area B. <br />Notwithstanding the royalty waiver identified in Article 15 hereunder, if this Sixth <br />Amendment is terminated for any reason prior to the construction of the relocated ball fields, <br />Lafarge will pay to the County a royalty amount fi-om all materials sold from the additional <br />mining activity on Area B in an amount of $1.75/ton. In the event the ball fields are constructed, <br />all or a portion of this royalty payment will be waived as set forth in Article 15. <br />15.. County agrees to waive the royalty payments currently required by Lafarge for <br />mining material sold from the Expansion Area and the newly mined area of Area B until such <br />time as Lafarge has removed and sold 2,200,000 sale tons of materials under the Lease. Lafarge <br />will present quarterly to County a detailed accounting of materials mined and sold from these <br />sites and shall immediately notify County once the threshold tonnage has been produced and sold. <br />This waiver shall only apply to new material mined pursuant to this agreement. Any previously <br />mined material currently stored anywhere on the Lafarge lease shall remain subject to all <br />applicable royalty payments. Once Lafarge has produced and sold the threshold tonnage, it shall <br />immediately resume paying County royalties. The amount of royalties from all materials sold <br />from the Expansion Area and Area B not subject to the waiver, herein shall increase from $1.25 to <br />$1..75/ton and Article 3 of the Existing Lease is hereby amended to provide the same. <br />16. At the time of execution of this Agreement, Lafarge will make a $250,000 <br />payment to the County. The County shall use such money as payment toward the design fees of <br />the ball field relocation. If the ball field is relocated, this amount shall be credited against <br />Lafarge's capital funding requirement in Article 9. If this Sixth Amendment is terminated prior to <br />payment by Lafarge of any other amount toward the capital payment, the County will refund this <br />amount to Lafarge in the form of either a direct payment or offset of applicable royalty payments <br />as determined by County. <br />17. Lafarge will construct a temporary unpaved access road to the relocated ball fields <br />at a location identified by Eagle County and Lafarge and reasonably acceptable to Eagle County.. <br />This road shall be installed prior to the completion and use of the relocated ball fields and will be <br />of a standard approved by the County that will allow reasonable ingress and egress by ball field <br />users to the facility. Lafarge's reasonable cost to construct such road, including reasonable usage <br />and labor charges for Lafarge's own equipment and labor, shall be credited toward the capital <br />funding obligation of Article 9. Said temporary access road shall be available for use by the <br />County and the general public until such time as the permanent aggregate surfaced access road <br />identified in Article 18 hereunder is available for use by the County. <br />18. Lafarge will supply, furnish and install, pursuant to detailed plans approved by the <br />County, a permanent aggregate surfaced access at a location identified by Eagle County. <br />Conditions and provisions of paving are as follows: