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• iii iiiiiiiiiiiii iii • EXHIBIT.' x- Source `~of-:Legal',: ~Rtglit'`to"":Enter' ~' -ct..L:; AGREEMENT ANTELOPE 111LL GRAVEL PIT An AGREEMENT between Ilse Board of County Co+nmissioners on belrall of Della County, Colorado, a body potilic and corporate (hereinafter referred Io as First Party) and Ralph Girling and Hulteen Orchards, Inc. (both parties collectively referred to Herein as Second Party), which is with respect to the )allowing: A. First Party tras a Mined Land Reclamation Pormit to mine gravel Irom SeCOnd Party'S property. Tliis AGREEMENT sets lortlr Ilre riglrls and obligations of the parties with respell to such gravel extraction and ollrer use of said property. THEREFORE, in consideration of the above and the mutual covenants contained herein, the parties agree as follows: Second Party Hereby grants fo First Party ttre rigt+t to mine excavated quarry sand and pit rock (gravel) Irom ttre properly described on attached Exhibit A, together with the right of ingress and egress Irom said property and logellier with the right to store County equipment and supplies upon said property as welt as crushed gravel. 2. In consideration of the above, First Party agrees to pay Second Pally a royalty of twenty-six cents (26¢) per cubic yard of unprocessed gravel wlriclr is excavated and processed or utilized by tho First Party, said Burn to be paid to Second Party, It is understood and agreed by the parties that First Party shall keep an accurate record of the total amount of gravel tram ttre property. Ttre mellrod wlriclr shall be utilized for Ibis purpose will consist of determining the size and number of loads of dirt and rock from various Iron)-end loaders wliicli may be dumped into the County crushing unit or hauled away Irom )lie property as pit run grave(. The royally indicated herein may be adjusted upward by Second Party on tl+e anniversary dale of this contract every two years by a factor equal fo Ilie percentage increase in fire consumer price index for this area (or the closes) area) for Ilse previous two years as published by the Bureau o1 Labor Statistics Division, (base year 1967 = 100). To be effective, notice in writing of Ilre adjustment must be given to County by Second Party no later than 30 days prior fo the anniversary date. Failure to do so shall result in a waiver thereat for Itre years in wlriclr Ilre adjustment was to be elleclive, 3. The term of this contract slralf be twenty (20j years from tt+e effective dale o! this contract. 4. This agreement may be terminated by eillrer party upon breach by tl,e ollrer party which has not been cured within 30 days after details of Ilse breach have been delivered in writing to the breaching party.