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CONVEYOR ACCESS AGREEMENT
<br />THIS CONVEYOR ACCESS AGREEMENT ( "Agreement ") is made and entered into
<br />this Y4-9-- day of aLiR.Aet, 2010 (the "Effective Date), between the CITY OF
<br />GREELEY, a Colorado home Yule municipal corporation, the mailing address of which, for
<br />purposes of this Agreement, 1100 10 Street, Suite 300, Greeley, CO 80631 ( "Grantor"), the Boyd
<br />Irrigation Company, a Colorado non- rofit corporation, the mailing address of which, for
<br />purposes of this Agreement, 110010 Street, Suite 300, Greeley, CO 80631 ("Ditch Company'),
<br />and LAFARGE WEST, INC., a Delaware corporation ( "Grantee ").
<br />RECITALS
<br />WHEREAS, Grantor is the owner of certain real property located in part of the NE4 of the
<br />SE4 of Section 34, Township 6 North, Range 66 West and part of the SE4 of the NE4 of Section 34,
<br />Township 6 North, Range 66 West of the 6 P.M., Weld County, Colorado lying south of the Rail road
<br />right -of -way (the "Grantor's Property "); and
<br />WHEREAS, the Boyd Irrigation Company ( "Ditch Company "), of which Grantor is the
<br />majority shareholder in such Company, holds legal title to, manages and operates the Boyd and
<br />Freeman Ditch and easement for said ditch which traverses Grantor's property; and
<br />WHEREAS, Grantee has mining rights in certain real property adjoining Grantor's
<br />Property on the north in Sections 34 and 35 known as the Lafarge 35' Avenue Property, (the
<br />"Grantee's Property "), and desires to secure access by conveyor equipment and limited motor
<br />vehicles to and from said real property; and
<br />WHEREAS, Grantor and Ditch Company is willing to grant, subject to all of the terms
<br />and provisions of this Agreement, to Grantee a revocable right -of -way ("Right -of- Way ") for
<br />conveyor and limited vehicle ingress and egress across Grantor's Property using Ditch
<br />Company's easement and associated access road which traverses Grantor's Property from and to
<br />Grantee's Property on the east and north, the approximate location of which is shown on Exhibit
<br />B.
<br />NOW, THEREFORE, in consideration of the mutual promises and covenants contained
<br />herein, and for other good and valuable consideration, the receipt and sufficiency of which are
<br />hereby confessed and acknowledged, the parties agree as follows:
<br />1. Recitals. By execution of this Agreement, the parties agree that the above recitals
<br />are true and correct and are hereby incorporated into this Agreement.
<br />2. Grant of Right -of -Way. Grantor and Ditch Company hereby grant to Grantee the
<br />Right -of -Way, specifically, a tract of land to be initially 100 feet wide in an east -west direction
<br />in the southern half of the property and north of the Boyd and Freeman Ditch but within Ditch
<br />Company's easement, then along the eastern property boundary to the north property boundary
<br />as illustrated on Exhibit B. The width of said Right -of -Way shall initially be 100 feet, and shall
<br />be available to Grantee from the time of the harvesting of crops on Grantor's Property until the
<br />planting of crops on Grantor's Property in the spring of the following year, all subject to
<br />paragraph 7 below. After construction of the conveyor, the easement shall be reduced to a total
<br />width of twenty (20) feet, This grant of Right -of -Way in no way restricts the Ditch Company's
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