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I <br />FOURTH ADDENDUM TO AGREEMENT TO DEVELOP AND PURCHASE <br />ROAD AGGREGATES <br />This Fourth Addendum to Agreement to Develop and Purchase Road <br />Aggregates ( "Addendum ") is made by and between Lavena E. Saunders, 22195 <br />Road P, Cortez, Colorado 81321, Harry R. Rogers, 20767 Road S, Cortez, <br />Colorado 81321 and Michelle Welsh, 2537 Pearl Street, Boulder, Colorado <br />80302, hereinafter referred to as "Owners ", Four States Aggregates, LLC, <br />hereinafter referred to as "Four States ", P.O. Box 1524, Dolores, Colorado 81323 <br />and McStone Aggregates, LLC, P.O. Box 1524, Dolores, Colorado 81323, <br />hereinafter referred to as "McStone ". <br />For and in consideration of the covenants and conditions contained <br />herein, together with the continuing rights, duties and obligations contained and <br />included within the original Agreement to Develop and Purchase Road <br />Aggregates dated July 20, 2000 ( "Agreement "), the First Addendum to said <br />Agreement which is dated June 11, 2002, the Second Addendum to said <br />Agreement which is dated July 1, 2006 and the Third Addendum to said <br />Agreement which is dated January 19, 2007, the parties agree as follows: <br />WHEREAS, the parties recognize that McStone is providing various <br />operations for Four States in connection with the Agreement; and <br />WHEREAS, various disputes have arisen with respect to the parties' <br />performance under the Agreement as amended; and <br />WHEREAS, it is the mutual desire of the parties to set forth their <br />understanding and agreement in writing relative to the settlement of the dispute. <br />NOW THEREFORE, in consideration of the mutual covenants and <br />agreements set forth herein, the parties agree as follows: <br />1. The term of the Agreement shall expire on September 30, 2013. <br />2. In the event any payment required under the terms of the <br />Agreement is made with dishonored or insufficient funds, Owners may terminate <br />the Agreement as provided in paragraph 11 of the Agreement. Four States and <br />McStone shall be permitted a period of one year from the date of said termination <br />to remove and market any gravel stockpiled on the property, but no later than <br />September 30, 2013. <br />3. McStone shall remove all stockpiled materials by September 30, <br />2013 and any remaining gravel or materials left on the property shall become the <br />property of Owners on October 1, 2013. <br />co\ <br />