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<br />GRAND JUNCTIU OFFICE
<br />DIVISION OF .? C
<br />RfCLAl:AATION MINING b SAFETY CRA_YEL PROPERTY LEASE ?-
<br />!_(_-ASE A -{Z(=E?_1?11?
<br />THIS AGREEMENT, dated this day of CtuYtQ., , 2009 (the "Lease"), by
<br />and between the CLIFFORD CERISE RANCI4 CO., 1:,.1...L.1'., a Colorado limited liability limited
<br />partnership, the.mailing address of which, for purposes of this Agreement, is 0086 County Road 104,
<br />Carbondale, CO 81623 ("Lessor") and LAFARGE WEST, INC., aDelaware corporation, the mailing
<br />address of which, for purposes of this Agreement, is 3794 County Road 109, Glenwood Springs,
<br />Colorado 81601 ("the Company").
<br />WX'l NESSIETH
<br />In consideration of the sutn a paid by the Company upon
<br />execution of this Agreement to Lessor, the receipt and sufficiency of which is hereby acknowledged
<br />by Lessor, and on and subject to the terms and conditions provided in this Lease, Lessor hereby
<br />leases, lets and demises to the Company the Materials as defined herein, in, on and under the real
<br />property situate in Garfield County and described in Exhibit A attached hereto and made a part of this
<br />Lease (hereinafter referred to as the "Property"), and the exclusive right to sample, drill, and test for,
<br />develop, mine, quarry, extract, process, sell, use and remove thorn during the: Term of this Lease,
<br />along with the right to locate and operate and/or sublease aggregate, temporary asphalt plants and one
<br />stationary or temporary concrete plant and with associated easements as provided herein.
<br />Definitions.
<br />A. Lease Year shall mean a period of one year beginning on the date which the
<br />Lease is executed by Lessor or on any annual anniversary thereof.
<br />B. Materials shall mean stone, sand and gravel and any overburden and valuable
<br />solid minerals, other than hydrocarbon minerals such as coal, oil, gas and associated liquid .
<br />hydrocarbons, that are removed incident to sand and gravel operations hereunder and which are
<br />saleable and recoverable from the Property in the course of such operations.
<br />C. Permits shall mean all permits, authorizations and approvals from federal,
<br />state, county and local governmental authorities and regulatory agencies having jurisdiction
<br />necessary to allow the Company to conduct operations for mining, processing and sale of Materials
<br />fiorn the Property.
<br />D. Plant shall mean a portable and/or fixed facility 1br processing, storing,
<br />waslung, sorting, Dandling loading and shipping of Materials, along with ancillary facilities, and shall
<br />also mean a concrete or temporary asphalt batch plant.
<br />E. Recycle Material shall mean used asphaltic or concrete material removed from
<br />a job site and deposited on the Property by or at the direction of the Company in connection with
<br />asphalt paving jobs or concrete projects performed by the Company using products containing sand
<br />and gravel aggregate on which a Sand and Gravel Fee will become payable.
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