2013-02-12_PERMIT FILE - M2013007 (16)

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THIS AGREEMENT is made and entered into on this 28th day of January, 2013, by and between the Owners: Lazy K Bar Land and Cattle Company LLLP, whose mailing address is 70455 Buckhorn Road, Montrose, Colorado hereafter referred to as the Owner and Rocky Mountain Aggregate & Construction LLC, whose mailing address is 23625 Uncompahgre Road, Montrose, Colorado hereafter referred to as the Company. WITNESS THAT: The Owner for and in consideration of rents, covenants and agreements herein after expressed to be paid, kept and performed by the Company, hereby leases to the Company an Exclusive option for the purpose of purchasing, processing, producing, and removing aggregate materials located on the land described as follows: See Attached Warranty Deed Uncompahgre Pit Lease Agreement with Ootion to Buv Material The Company will pay all royalty fees for any material removed from the above described property at the rate of $ / Ton for all materials extracted. Royalty shall be payable quarterly for all collected sales. The Company shall provide a report of materials removed with each payment made to the Owners. Measurement of the material removed shall be by weight of trucks transporting material on truck scales. The Owner shall allow the Company to operate on the property during the duration of this Agreement, shall allow the Company the sole right to market processed products generated from the property, and shall maintain all existing mining permits and agreements with the applicable governmental entities and agencies. This Lease Agreement with option to buy materials shall commence on the day of this agreement and remain in force for a term of Five Years, terminating on January 28, 2018, with the option to renegotiate a contract for an additional Five Year Term. However, if either party breaches its duties owed under this Agreement or if it becomes financially impractical for the Owners or the Company to continue performing this Agreement, then either party may terminate this Agreement before the end of the existing Five Year term. Upon any termination of this Agreement, the Company has the right to sell its remaining product and remove its equipment, facilities, and improvements located on the property in a timely manner. The Owner shall not claim nor have any rights or interest to own, process, or control the Company's equipment, facilities, and improvements located on the property under any circumstances without the written consent of the Company. The Company shall have the right of ingress and egress to and from the subject premises and to erect any temporary structures, such as screening, crushing, asphalt plants, ready mix concrete plants to stockpile and market material in an area of sufficient size within the permit boundaries and to employ any methods for the removal of the said material. The Owner reserves the right, at all times, to enter upon and inspect the leased property.