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i <br />November 28, 2011 <br />William P. Lemoine, Jr. <br />Mary Lee Lemoine <br />35476 Hanson Mesa Road <br />Hots Colorado 81419 <br />Re: Lemoine Gravel Pit Amt Eamon <br />Dear Mr. and Mrs. Lemoine: <br />DELTA COUNTY, COLORADO <br />BOARD OF COUNTY COMMISSIONERS <br />away COUR mauAE.•$Pl R MEET•SU1VE •OELTA• COLORADO* e141617fe <br />PHONE OM. 117 ,2111 FAX: t 674.2114 <br />www.d usunly.oaw <br />DMA: C. Da*s Actin - DNt. t MMus Ronde - Dht s: R Olen Lund <br />Effective August 1,1999, you and Delta County entered into an agreement with respect to a <br />portion of your property wider which the County was authorized to extract gravel and pay you <br />royahies pursuant to the agreement This agreement was to remain in place urn August 1, 2009, <br />"and for so long thereafter as may be mutually agreeable to the parties...." That agreement was <br />amended and extended by letter immanent dated November 13, 2009. <br />This letter memorializes our nu tut agreement to extend the subject agreement for an additional <br />period of three years, with modifications as set forth herein. <br />A copy of the original agreement and the letter agreement refired to above are attached hereto <br />and by reference made a part hereof R is any undue that you have agreed or will agree <br />by this letter to modify the tee of'tia t agreement as forms: <br />1. Unless terminated pursuant to Section 2.9, this agreement as extended shall ate <br />on December 1, 2014. <br />2. The royalty to be paid by the County pursuant to Section 2.3 of the agreement shall be <br />modified from its current rate of 50# per ton to 41# per ton for the unprocessed gravel <br />excavated from the property_ All costs to extend or aoopnre state and local permits shall <br />be borne by the County. <br />3. Ir»ead of "Before Ajail I5 of the calendar year following the effective date of <br />termination," the opening phrase of Section 2.10.B. shall read "Within two years <br />following the effective date of termination, or upon release by the Colorado Mined <br />Land Reclamation Board, whichever is later, but in no event longer than five (5) years <br />OCoOffilsvei Pitamsacent Owe, Mt LET Locke <br />