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NIX PROPERTY <br />CONVEYOR RIGHT OF WAY LEASE AGREEMENT <br />This CONVEYOR RIGHT OF AY LEASE AGREEMENT (the "Lease ") is made <br />and entered into effective this ZZ day of 2009 (the "Effective Date "), by and between <br />READY MIXED CONCRETE COMPA a Colorado corporation having an address of <br />4395 Washington Street, Denver, Colorado 80216 ( "Landlord"), and VARRA COMPANIES, <br />INC. and SAND LAND, INC., both Colorado corporations having an address of 8120 Gage <br />Street, Frederick, Colorado 80516 (together "Tenant"). Landlord and Tenant may be referred to <br />together herein as the "Parties" or, individually, as a "Party." <br />RECITALS <br />WHEREAS, Landlord owns approximately 300 acres of real property known as the "Nix <br />Property," as more particularly described in Exhibit 4 hereto; <br />WHEREAS, Landlord intends to mine sand and gravel from the Nix Property at a future <br />date and to reclaim said property; <br />WHEREAS, Tenant operates a sand and gravel mine called the "Kurtz Resource <br />Recovery & Land Development Project" (hereinafter "Kurtz Pit") which is located on property <br />situated contiguous and adjacent to portions of the Nix Property; <br />WHEREAS, the Kurtz Pit operates under Permit No. M- 1999 -006, issued by the <br />Colorado Mined Land Reclamation Board and the Colorado Department of Natural Resources, <br />Division of Reclamation Mining and Safety; <br />WHEREAS, Tenant operates a sand and gravel processing plant at the Kurtz Pit; <br />WHEREAS, Tenant also owns property known as "Heinselman" at which it plans to <br />mine sand and gravel pursuant to a permit to be obtained from the Colorado Mined Land <br />Reclamation Board and the Colorado Department of Natural Resources, Division of Reclamation <br />Mining and Safety; <br />WHEREAS, the Heinselman property is not contiguous or adjacent to the Kurtz Pit, and <br />the Tenant's two pits are separated by the Nix Property; <br />WHEREAS, Tenant wishes to lease a discrete right -of -way across the Nix Property, as <br />depicted in Exhibit B hereto (hereinafter the "Premises "), for the sole purpose of locating, <br />operating and maintaining a sand and gravel conveyor system that Tenant will utilize to transport <br />unprocessed sand and gravel materials mined from the Tenant's Heinselman Pit to the sand and <br />gravel processing plant located at the Tenant's Kurtz Pit; and <br />WHEREAS, Landlord wishes to lease the Premises to Tenant so that Tenant can install, <br />operate and maintain, at Tenant's sole cost and expense, a sand and gravel conveyor system. <br />