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Home My WebLink About20100328.tiff • Certificate of Conveyances Weld County State of Colorado Department of Planning County of WELD The STEWART TITLE INSURANCE or ABSTRACT COMPANY hereby certifies it has made a careful search of its record, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded property to May 6, 2008. LEGAL DESCRIPTION: See attached legal description CONVEYANCES (if none appear, so state): No new conveyances subsequent to January 15, 2008 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO, LOVELAND DIVISION is hereby limited to the fee paid for this certificate. • In Witness Whereof, STEWART TITLE OF COLORADO, LOVELAND DIVISION has caused this certificate to be signed by its property officer this 21St day of May, A.D., 2008, at 7:45 am. STE • RT TITL OF CO O�' ' DO, L'i ELAND B ' Authorized Signature EXHIBIT 1p • use- 11057 2010-0328 Exhibit A LEGAL DESCRIPTION • File Number: 20070659 The Northeast Quarter(NE 1/4)of Section 36, Township 6 North, Range 67 West of the 6`s P.M., excepting therefrom a portion of Lot B as shown on Amended Recorded Exemption No. 0805-30-3RE1089,together with a tract of land located in the westerly 221.00 feet of Section 30,Township 6 North, Range 66 West of the 6"' P.M., and in the East Half(E1,12) of the Southeast Quarter(SE 1/4) of Section 25. Township 6 North. Range 67 West of the 6111 P.M., being more particularly described as follows: Beginning at the Southeast corner of said Section 25 and considering the East line of the Southeast Quarter (SE 1/4)/4)of said Section 25 to bear North 01 degrees 24'19" East and with all other bearings contained herein relative thereto; Thence North 88 degrees 29'53" West, 379.74 feet; Thence North 13 degrees 18'01" East, 12.51 feet; Thence North 04 degrees 10'51" East, 237.26 feet; Thence North 44 degrees 25'25" East, 221.83 feet; Thence North 78 degrees 53'23" East. 137.23 feet; Thence South 49 degrees 09'I I" East, 104.05 feet to a point on the East line of said Section 25, front which point the Southeast corner of said Section 25 bears South 01 degrees 24'19" West, 375.70 feet; Thence South 49 degrees 09'1 1" East,227.90 feet to a point on the West right-of-way line of Weld County Road 25; Thence South 49 degrees 09'I I" East, 58.27 feet to a point on the East line on that tract of land described in Book 933 under Reception No. 01854849; Thence South 01 degrees 24'19" West, 182.39 feet to the South line of said Section 30; Thence South 88 degrees 25'28" West,221.30 feet along said South line to the point of beginning,with all property being located in Weld County, Colorado Together with a tract of land in the WI/2 of the NW 1/4 of Section 31, Township 6 North, Range 66 West of the 61° P.M., County of Weld, State of Colorado, described as follows: Commencing at the Northwest Corner of said Section 31; Thence South along the West line of said Section a distance of 2311 feet to a point on said line; Thence North 70 degrees 30 minutes East 240 feet to a point; Thence North 46 degrees 00 minutes East 294 feet to a point; Thence North 32 degrees 40 minutes East 183 feet to a point; Thence North 6 degrees 08 minutes East 125 feet to a point; Thence North 29 degrees 19 minutes West 270 feet to a point; Thence North 8 degrees 00 minutes East 423 feet to a point: Thence North 69 degrees 28 minutes East 462 feet to a point; Thence North 79 degrees 38 minutes Fast 406 feet to a point; Thence South 58 degrees 16 minutes East 470 feet to a point; Thence South 56 degrees 50 minutes East 60 feet to a point; Thence South 77 degrees 15 minutes East 87 feet to a point on the quarter quarter line of said Section; Thence North along said quarter quarter line 1 146 feet to the quarter quarter corner of said Section; Thence West along said Section line 1828 feet to a point of beginning EXCEPTING THEREFROM the West 30 feet of the N W 1/4 of said Section 31; as conveyed to Weld County, by deed recorded March 18, 1916 in Book 429 at page 512. ALSO EXCEPTING THEREFROM that part conveyed to The Hall-Irwin Construction Company by deed recorded June 17, 1991 in Book 1302 as Reception No. 02253418.• Order No.: 2niContiistew art /LTA Commitment(b/U/0b)-Schedule A ' Page 2 or 2 title guaranty company S&G-LSE.DOC STATE OF COLORADO Rev. 12/97 STATE BOARD OF LAND COMMISSIONERS • - Department of Natural Resourcessir Denver,Colorado 1V�/� A SAND&GRAVEL LEASE NO. GL 3449 CC)? THIS MINING LEASE,Made in duplicate and entered into this 18th day of May 2007,by and between the Stara Colorado, acting through its STATE BOARD OF LAND COMMISSIONERS, hereinafter referred to as Lessor, ; Lafarge West Inc., 1800 Taft Hill Road,Fort Collins,CO 80521 hereinafter referred to as Lessee: WITNESSETH: Lessor,for and in consideration of the sum of Twenty thousand five hundred and no/100 Doll ($20,500.00 ),receipt of which is hereby acknowledged as payment of the filing fee in the amount of$ 20.00, first ye rent in the amount of$480.00,and a bonus in the amount of$20.000.00,and in further consideration of Lessee's agreem to pay Three and no/100 Dollar(s)($ 3_00)per acre annually or fraction thereof as rental in advance of the anniversary c of this lease so long as said lease shall remain in effect;and in further consideration of the terms,conditions and agreemc herein and of the payments of annual rentals and royalties reserved herein, to be kept and performed by Lessee, successors and assigns,does hereby lease to Lessee the right and privilege of exploring and prospecting for,developing,; mining of and taking of sand and gravel minerals from the lands herein described,situated in the County of Weld,Stati Colorado,to wit: ACRES SUBDIVISION SEC.TWP.RGE. PATENTS 160.00 NE/4 36 6N 67W 6thPM 3224 This lease is subject to oil and gas lease number OG 80/5074-S. FUND:School • containing 160.00 acres, more or less, together with the right to use as much of the surface as may be reason required, including the right to reasonable ingress and egress; the right to make excavations, stockpiles, and 01 improvements as may be reasonably necessary in the mining and removal of said minerals; subject,however,t0 existing easements and rights-of-way of third parties, and the rights of surface lessees and surface owners, further subject to the terms, conditions and agreements set out in this lease. The above-mentioned rights may exercised in connection with mining on other or adjacent lands only when mining on such lands is carried or conjunction with the actual mining on the Leased Premises. The benefits, terms,and obligations of this lease sl extend to and be binding upon the heirs, executors, administrators, successors, or assigns of the respective par hereto. RESERVING,however,to Lessor: A. All rights and privileges of every kind and nature,except as are herein specifically granted. B. The right to use or lease said premises or any part thereof at any time for any purpose,including the righ explore and prospect said premises,which use and leasing of said premises shall be for purposes other t and not inconsistent with the rights and privileges herein specifically granted. C. The right to dispose of or lease the surface where Lessor is the surface owner. D. The right at all times during the life of this lease to go upon said premises and every part thereof for purpose of inspecting said premises,and the books of accounts and records of mineral workings therein, of ascertaining whether or not said Lessee and those holding thereunder by and from it,are carrying out terms,covenants and agreements in this lease contained. E. The right at any time to grant a right-of-way upon, over or across all or any part of said premises for ditch, reservoir, railroad, communication system, electric powerline, or pipeline, schoolhouse or o lawful purpose;but that such grants shall be subject to the rights of Lessee. F. The right at any time to place the Leased Premises into the Stewardship Trust as set forth in Section I0(1)(b)(I)of Article IX,of the State Constitution.Said placement into the Stewardship Trust shall be fa reasons not inconsistent with the rights and privileges of Lessee. TO HAVE AND TO HOLD The above-described premises unto Lessee, its heirs, successors, assigns, or h representatives for the tenn of 5 years, and until Twelve O'clock noon on the 18th day of May 2012 , subject to • following terms,conditions and agreements,to wit: 1. ADVANCE ROYALTY — As minimum and advance royalty, without relation to the amount o. minerals mined from emises,Lessee shall pay annually in advance to Lessor the following amounts: • LER@� '''44M�� AMR LEASE YEAR AMR NA NA NA NA If Lessee does not extract minerals from the Leased Premises sufficient to return to the Lessor the minimun amounts above specified,it is nevertheless understood that the above sums of money are due and payable to Lesso whether or not minerals are mined,but that such advance minimum royalty shall be credited upon the first royalties due as herein provided for minerals actually produced from the Leased Premises. In the absence of production o: minerals in continuous paying quantities before the expiration date of the lease,all advance minimum royalties anc all rentals shall be forfeited to Lessor. Acreage changes resulting from surrender or partial assignment may reduce the advance minimum royalty proportionately. Further, at the end of each five-year period, commencing from the original lease date, Lessor may reasonably change the rate or amount of advance minimum royalty to be paid by Lessee. Failure to comply with any new advance minimum royalty rate set by Lessor may subject this lease to cancellation by thirty day written notice by Lessor. In case of assignment of this lease, all advance minimum royalty paid to the state shall be carried forwarc and credited to the new assignee. 2. PRODUCTION ROYALTY—Lessor reserves as royalty, and Lessee agrees to pay to Lessor on or before the las day of each calendar month following the month of production, $ 0.35 per ton of 2000#, or$ 0.55 pc cubic yard,or NA %of the gross sale price at the first point of sale to an independent purchaser,whichever is greater. Further, at the end of each five-year period, commencing from the original lease date, for so long as this least remains in effect, Lessor may reappraise the property herein leased and fix and determine the rate of production royalty to be paid during each year of the succeeding five-year period. Failure to comply with any new royalty ratt set by Lessor may subject this lease to cancellation by thirty-day written notice by Lessor. • Reporting of production royalty that is credited against advanced minimum royalty is also due on or before tht last day of each calendar month for mining during the preceding calendar month. 3. EXTENSION—Lessee may have a preferential right to renew the lease or to receive a new lease,whichever may bt determined by Lessor to be in the best interest of the State,under the following conditions: A. An advance minimum royalty, the amount to be negotiated before expiration of the lease, will be due anc payable annually commencing on the date this lease is renewed or a new lease is executed and shal continue until the expiration of the new or renewed lease.This amount may be adjusted by Lessor at the enc of each five-year period of the renewed or new lease. . B. Lessee shall furnish to Lessor satisfactory evidence of plans for mining during the term of the renewed least or during the term of a new lease. C. Lessee shall furnish adequate geological evidence to Lessor that the acreage subject to the renewed or nev lease is in fact an integral part of and contains reserves in a logical mining unit. Whether the acreage is or i; not a part of a logical mining unit will be determined by Lessor. D. An extension of this Lease as determined by Lessor would be in the best interest of Lessor 4. EXTENSION BY PRODUCTION—This paragraph is deleted. 5. ANCILLARY USE — Lessee may remove approved minerals, and place on the Leased Premises stock piles o material mined from this lease and such equipment as is approved by Lessor for this removal. All other ancillan uses such as concrete plants,asphalt plants,accessory equipment,offsite aggregate materials and any other uses no specifically mentioned herein will be subject to the approval of Lessor and require a yearly rental payment of no les: than $ NA per acre. Haul roads and/or access roads which do not directly benefit the Leased Premises will Ix subject to a separate permit and approval of Lessor. • Page 2 of 7 6. REPORTS AND RECORDS — After operations begin, it is agreed that on or before the last day of each ma during the term of this lease Lessee shall submit a sworn,verified,written report to Lessor,in which report shat:• entered and set down the exact amount in weight of all products and the assay thereof mined and removed from leased premises during the preceding calendar month.Lessee agrees to keep and to have in possession complete accurate books and records showing the production and disposition of any and all substances produced on the lea land and to permit Lessor at all reasonable hours,to examine the same or to furnish copies of same to Lessor wit 60 days following written request along with purchaser's support documentation.All said books and records shall retained by Lessee and made available in Colorado to Lessor for a period of not less than 10 years. If any si examination shall reveal, or if either party shall discover any error or inaccuracy in its own or the other pan statement, payment, calculation, or determination, then proper adjustment or correction thereof shall be made promptly as practicable thereafter,except that no adjustment or correction shall be made if more than 10 years h elapsed between the time the error or inaccuracy occurred and the discovery by either party of said error inaccuracy. Further,Lessee shall furnish annually a complete operations report to Lessor disclosing the number of ti and the assay thereof of all ores, minerals and other materials mined from the premises during the preceding ye Lessee shall also furnish in said report geologic interpretations and recoverable reserve calculations, and maps cross sections showing location of any mineral-bearing outcrops, drill holes, trenches, ore bodies and of prospecting and exploration activities, along with assays showing the amount of mineral contained in the ore. 1 records required to be maintained by Lessee and provided to Lessor upon request include logs of all strata penetra and all geologic and hydrologic conditions encountered, and copies of in-hole surveys—this information to collected and prepared under the supervision of a qualified geologist,geological engineer or mining engineer. Ot: qualified persons may collect and prepare this data,if agreed to in writing between Lessee and Lessor. Any requ to keep certain information confidential should be in writing to Lessor at the time such information is submitted Lessor, and such data may be kept confidential as consistent with State law. Lessee shall submit, if requested Lessor, such additional reports, records or documents regarding Lessee's operation on the Leased Premises necessary for the compliance with lease provisions. 7. OVERRIDING ROYALTY LIMITATIONS—It is agreed that this lease or any subsequent assignment hereof sI not be burdened with overriding royalties the aggregate of which exceeds two percent(2%)of the gross value of minerals or ore at the first point of sale. Lessor must be notified of all overriding royalties accruing to this lease. • 8. DEVELOPMENT—This paragraph is deleted. 9. PENALTIES —A penalty shall be imposed for, but not limited to, late payments, inipioper payments, operatic)] deficiencies of any kind whatsoever, violations of any covenants of this lease, or any false statements made Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of,I not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor a shall become effective immediately after public notice. Said schedule may be changed from time to time after st. notice. 10. ASSIGNMENT—Lessee,only with written consent of Lessor,may assign this lease as to the leasehold interest such Lessee in all or part of the lands covered hereby; not less, however, than tracts of approximately forty (r acres or governmental lots corresponding to a quarter-quarter section for any partial assignment. No assignment of undivided interests or retention or reservation of overriding royalties will be recognized approved by Lessor, and the effect, if any, of any such assignments or reservations will be strictly and only between the parties thereto and outside the terms of this lease. No dispute between parties to any assignment reservation shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone 1 time therefor. Lessor will at all times be entitled to look solely to Lessee or his assignee shown on Lessor's books being sole owner hereof, and for the sending of all notices required by this lease, for the performance of all ten and conditions hereof. If an assignment of a part of this lease is approved,a new lease designated as an assignment will be issu to the assignee covering the lands assigned for the balance of the term of the base lease on the mining lease form use at the time of assignment and limited as to term as said lease is limited. The assignor will be released a discharged from all further obligations for such lands assigned,as if the same had never been a part of this lease. 11. ASSIGNMENT CONSIDERATION—The consideration for approval of assignment by Lessor shall be 10%of t value of any consideration tendered to Assignor by Assignee for the assignment. Divulgence of the value of the considerations shall be mandatory, in affidavit form,which form shall be presented to Lessor along with the ott assignment instruments in order to obtain Lessor's approval for the assignment. An assignment does not constitute • new lease but is a continuation of the base lease. Any attempt to withhold this information shall be construed as attempt to defraud the State of Colorado and shall render this lease null,void and nonexistent,and all moneys pr to Lessor shall be forfeited to Lessor. In addition,the current statutory fees will be paid at the time the assignme record form is submitted. Page 3 of 7 • 12. WEIGHTS -It is agreed that all ores,minerals and other materials mined and taken from the leased premises shall be weighed and assayed and the weight and assay thereof shall be entered in due form in weight and assay records kept for such purposes by Lessee. Ton means 2000 pounds. Ton shall be determined by official Colorado State certified scales or other methods approved by Lessor. 13. STEWARDSHIP TRUST STIPULATION—This paragraph is deleted. 14. MINING METHODS — Only mining methods that will insure the extraction of the greatest possible amount of minerals consistent within the laws and with prevailing good mining practice shall be used. 15. OPERATION PLAN —All plans for exploration and minting shall be submitted to Lessor for approval by Lessor before such operations begin.These plans will include,but not be limited to,location of additional roads,location of access points to the Leased Premises,and location of any cattle guards or gates.These plans shall include provisions for control of weeds. 16. ENVIRONMENTAL ANALYSIS—Lessor may require that Lessee submit an environmental analysis for approval by Lessor before any exploration or mining begins. 17. RECLAMATION—Lessee shall submit all plans for restoration and reclamation of leased premises to Lessor for Lessor's review before submitting the appropriate permit or permits pursuant to the Colorado Mined Land Reclamation Act 34-32-101 ET SEQ., C.R.S. 1973 as amended. Rules and regulations as set forth by the Division of Minerals and Geology for recovery and restoration of mined land will apply where applicable to the Leased Premises. Variations from the reclamation plan as originally submitted to the Board for approval may be granted only with the written approval of Lessor. 18. LESSOR'S APPROVAL—Whenever approval by Lessor is required or contemplated by Lessee, approval must be in writing and shall be optional and shall be within the sole and absolute discretion of Lessor. • 19. OTHER STATE AGENCIES — Lessor may determine that instruments and documents required by other State agencies satisfy certain requirements of this lease. In the event that Lessee is required to file instruments and documents with other State agencies,including the Division of Minerals and Geology,Lessee shall notify Lessor of said filing and Lessor reserves the right to request and obtain copies of such instruments and documents from the agency or from Lessee. 20. INSPECTION-It is agreed that during all proper hours and at all times during the continuance of this lease,Lessor or Lessor's duly authorized agent, is authorized to check assays and scales as to their accuracy,to go through or on any part or all of the leased premises to examine, inspect, survey and take measurements of the same and to take samples of any kind and to examine and make extracts from or copies of all books and weight sheets and records which show in any way the ore output, ore values, payments and royalties from and of the leased premises. All conveniences necessary for such inspection, survey, or examination shall be furnished to Lessor. Lessor may require Lessee to provide all instruments and documents of any kind and nature whatever which affect Lessor's interests. • V Page 4 of 7 21. NOTICES —Any notice required to be given to Lessee under the provisions of this lease shall be sent by certi mail to the address set forth at the beginning of this lease or to such other address as Lessee may indicate in wri • to Lessor,and such service by mail shall be deemed sufficient and in full compliance with the terms of this leas of the date it is postmarked. Notice to Lessor shall be given in like manner,addressed to the State Board of L Commissioners'Denver,Colorado address. 22. NOTIFICATION OF MINING OPERATIONS—It is understood that Lessor may not own or control the sur,estate of leased premises,or Lessor may have issued a surface use lease to another lessee.Mineral Lessee shal responsible for identifying such ownership or determining the surface lessee or lessees, and shall notify all s parties in advance of any on-site activity.Notification will be given thirty(30)days for untilled or grazing acre and sixty(60)days for tilled farm ground prior to any on site activity. Mineral Lessee shall closely coordinate on-site activity with the surface owner or lessee, and make a reasonable effort to protect the integrity of surf owner's or surface lessee's fences,gates,cattleguards,and other property. 23. PROTECTION AGAINST SURFACE DAMAGE — Lessee has the right to utilize as much of the surface of lands as is reasonably necessary for mining operations; however, Lessee shall be liable and agrees to pay for damages to the surface,livestock,growing crops,water wells,reservoirs,or other improvements caused by Less operations on said lands. There shall be no removal of timber without prior notice to Lessor. Any merchants timber cut in conjunction with the approved mining plan is to remain the property of the State. All other tin slash,stumps,and boughs are to be disposed of by Lessee. 24. HOLD HARMLESS — Lessee shall indemnify Lessor against all liability and loss, and against all claims actions, including the defense of such claims or actions, based upon or arising out of damage or injury, includ death,to persons or property caused by or sustained in connection with this lease or by conditions created there or based upon any violation of any statute,ordinance,or regulation. 25. LIENS AND CLAIMS —Lessee shall not suffer or permit to be enforced against the leased premises,or any i thereof, or any improvements thereon, any liens arising from,or any claim for damage growing out of the wort any construction, repair, restoration, replacement or improvement, or any other claims or demand howsoever same may arise, but Lessee shall pay or cause to be paid all of said liens, claims, or demands before any actin • brought to enforce the same against the leased premises or improvements. Lessee agrees to defend,indemnify hold Lessor and the leased premises free and harmless from all liability for any and all such liens,claims,demar and actions together with reasonable attorney fees and all costs and expenses in connection therewith. Lessee shall,upon execution of this lease at its cost,prepare a Notice,pursuant to C.R.S. 1973,§38-22- and cause the same to be posted for the purpose of protecting Lessor against any liens or encumbrances upon leased premises by reason of work,labor,services or materials contracted for or supplied to Lessee. 26. BOND—It is agreed that no operations are to be commenced on the lands herein described unless and until Les or Lessee's agent has filed a good and sufficient bond with Lessor in an amount fixed by Lessor, to secure payment for damages caused by Lessee's or Lessee's agent's operations on said lands. Lessor reserves the righ grant relief from the foregoing bond requirements. Lessor may require such bond to be held in frill force and efl for one year after cessation of operations for which the bond was intended. This requirement may be waivec favor of the requirements of the Division of Minerals and Geology. 27. WATER—If Lessee initiates or establishes any water rights for which the point of surface diversion or ground wi withdrawal is on the leased premises, title to such water rights shall, upon termination of the lease, become property of the surface owner without cost, and title to the water rights shall be conveyed to the surface ow immediately upon termination,except that if Lessor is the surface owner the water right shall be taken in the name Lessor in the first instance and shall be the property of Lessor without cost. 28. SURRENDER AND RELJNOUISHNIENT—Lessee may,at any time,by paying to Lessor,all amounts then due provided herein, surrender and cancel this lease insofar as the same covers all or any portion of the lands her leased and be relieved from further obligations or liability hereunder with respect to the lands so surrender provided that no partial surrender or cancellation of this lease shall be for less than tracts of approximately forty(, acres or governmental lot corresponding to a quarter-quarter section,the rental being reduced proportionately. • � K Page 5 of 7 This surrender clause and option herein reserved to Lessee shall cease and become absolutely inoperative • immediately and concurrently with the institution of any suit in any court of law by Lessee,Lessor or any assignee of either to enforce this lease,or any of its terms,express or implied,but in no case shall surrender be effective unti Lessee shall have made full provision for conservation of the minerals and protection of the surface rights of the leased premises as may be determined by Lessor. Notwithstanding the foregoing, no surrender and relinquishment of this lease shall be effective unless ant until all reports, documents and information of any kind required to be submitted to Lessor under this lease, or tc such state agencies as provided in this lease have been submitted to Lessor or such state agency. 29. RIGHT OF REMOVAL —In the event this lease is terminated by surrender, or the expiration of its term,and al obligations of Lessee under this lease are satisfied,all Lessee's improvements,equipment,man-made objects of anl type, including stockpiles and dumps except as these stock piles and dumps may be disposed of pursuant to tilt reclamation plan, shall be removed from the leased premises within six months from the date of such termination a Lessee's expense. Such removal is to be accomplished without unnecessary waste or damage to the premises ant Lessee shall restore the surface of the leased premises to the same condition as immediately prior to the execution o this lease as it pertains to such removal. All improvements and equipment remaining on the leased premises si: months after the termination hereof shall be forfeited automatically to Lessor without compensation and withou necessity of execution of additional documents. 30. CONDEMNATION — If the Leased Premises shall be taken in any condemnation proceeding, this lease shal automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor,excep for any specific award(s) paid to Lessee for severed minerals reserves, in which event a percent of such specifi award(s)equal to royalty shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvement shall be removed by Lessee per terms in the RIGHT OF REMOVAL paragraph herein. If only a portion of th leased land is taken by condenmation,Lessor may,at its option,terminate this lease or terminate only that portion c the lease so taken. 31. COMPLIANCE WITH LAW —Lessee shall comply fully with all the provisions, terms, conditions of all law: whether state or federal,and orders issued thereunder,which may be in effect during the continuance hereof,whic in any manner affect or control mining or other operations of Lessee, and Lessee further agrees that good minin • methods shall be used at all times of active mining so long as said methods are consistent within the law. Lessee shall comply with all applicable federal, state and local environmental,wetlands protection,health an hazardous waste laws,ordinances and regulations. In addition to the foregoing,and not in limitation thereof,Lesse shall not cause or permit any Hazardous Material to be brought upon,kept or used in or about the Leased Premise by Lessee or Lessee's agents, employees, contractors or invitees, without the prior written consent of Lessor. Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on th Leased Premises caused or permitted by Lessee results in contamination of the Leased Premises,,or if contaminatio of the Leased Premises by Hazardous Material otherwise occurs for which Lessee is legally liable,then Lessee sha indemnify, defend and hold Lessor harmless from any and all claims,judgments, damages, penalties, fines, cost liabilities or losses(including,without limitation, diminution in value of the Leased Premises,damages for the lo: or restriction on use of the Leased Premises, damages arising from any adverse impact on future leasing of tF Leased Premises, and sums paid in settlement of claims, attorney fees, consultant fees and expert fees)which aril during or after the lease term as a result of such contamination. This indemnification of Lessor by Lessee include without limitation, costs incurred in connection with any investigation of site conditions or any cleanup,remedia removal, or restoration work required by any federal, state, or local.governmental agency or political subdivisic because of Hazardous Material present in the soil or ground water on or under the Leased Premises. Withoi limiting the foregoing, if the presence of any Hazardous Material on the Leased Premises caused or permitted I Lessee results in any contamination of the Leased Premises,Lessee shall promptly take all actions at Lessee's so expense as are necessary to return the Leased Premises to the condition existing prior to the introduction of any sue Hazardous Material to the Leased Premises;provided that Lessor's approval of such actions shall first be obtain• As used herein,the term"Hazardous Material"means any hazardous or toxic substance,material or waste which or becomes regulated by any local governmental authority, the State of Colorado or the United States Governmer The term "Hazardous Material" includes, without limitation, any material or substance that is (i) defined designated as a "hazardous substance", "hazardous waste" or a "regulated substance" under appropriate state federal law. • 32. ARCHAEOLOGY — It is contrary to State law to excavate, appropriate or disturb any historical, prehistoric archaeological site or resource on any lands administered by Lessor. Discovery of a'suspected site or resource shr be immediately brought to the attention of Lessor and the State Archaeologist or Lessee shall provide evidence th • no significant archaeological sites exist on the leased premises which could be destroyed by Lessee's operations. 33. DEFAULT AND FORFEITURE—If for any reason Lessee fails to keep each and every one of the covenants ai conditions herein,and if such default continues for a period of thirty(30)days after service of written notice there Page 6 of 7 by certified mail upon Lessee,Lessor shall have the right to declare this lease forfeited,and to enter onto the lea premises either with or without process of law, and to expel,remove and put out Lessee or any person occupy • the premises,using such force as may be necessary to do so. In the event of the termination of the lease by reason of breach of the covenants herein contained,Les shall surrender and peaceably deliver to Lessor the above-described premises, and such premises shall be in gi mining condition. If,upon termination of this lease for any reason,whether by surrender,forfeiture or expiration term or otherwise, Lessee shall not have fully complied with the terms of the lease, Lessor shall hold and re; possession of the property,improvements,and equipment of Lessee as security unto Lessor for the payment of re and royalties due Lessor, or to protect Lessor against liens, or to indemnify Lessor against any loss or dam sustained by Lessor by reason of the default of Lessee,for which purpose Lessor is hereby given a lien upon all si property, improvements,and equipment, which lien shall attach as the same are placed upon the premises. In event Lessor shall foreclose the lien in this article given to Lessor by Lessee,Lessor may itself be a purchaser at; sale thereof under such foreclosure. Upon the termination of this lease for any cause, if Lessee shall remair possession of said premises,Lessee shall be guilty of an unlawful detainer under the statutes in such case made; provided, and shall be subject to all the conditions and provisions thereof and to eviction and removal, forcibl} otherwise,with or without process of law,as above provided. Lessee shall be liable for all taxes lawfully assessed on property of Lessee located on the leased premises The benefits, terms, and obligations of this lease shall extend to and be binding upon the heirs, executi administrators,successors,or assigns of the respective parties hereto. 34. IN WITNESS WHEREOF,Lessor has caused these presents to be executed in duplicate by the State Board of L; Commissioners and sealed with the official seal of said Board,and Lessee has hereunto set his hand and seal,all the day and year first above written. STATE BOARD OF LAND COMMISSIONERS • Recommended:2� ��g:400% Q Mark W.Davis,Minerals Director Britt I.Weygandt,Division Director SSEE: Lafarge est,Inc. his-Reekenthae- Ttbp ©µLH-E7 c& Seal or Authority ATTEST State of County of "�{''ryry�'' / ,1GUl.l The foregoing instrument was acknowledged before me this I day of , 71,4 .� C� Not Ohk c r as being authorized to execute same. (SEAL) Notary Public ANNE C. JOHNSON My Commission Expires 3 3l 12 O • NOTARY PUBLIC STATE OF COLORADO i My Commission Exp;res 03,31/2010 Page 7 of 7 January 30,2008 Mr. Peter Hays Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, Colorado 80203 Dear Mr. Hays: I, Sally A. Parsons,as a Landowner within the Parsons Mine project,grant I afnrge West, Inc., the legal right to enter and mine on my property per the application that was submitted to the Colorado Division of Reclamation,Mining and Safety(DBMS) in December 2007 and subject to review and approvals. Further, I authorize Eric Reckentine with Lafarge West Inc.,to be my Authorized Agent for the DRMS 112 Construction Materials Reclamation Permit. Sincerely, • 2a , acPac Sally A. Parsons STATE OF COLORADO ) �( ss. COUNTY OF 2.EC,Y ) This instrument was acknowledged before me this 3 today of--l&w4w1 2008 by Sally A. Parsons as Landowner of property within the Parsons Mine project. Witness my hand and official seal. Notary Public rn ° FPA My Commission Expires: O. -N-Zoe ._ r3?fN cc: Eric Reckentine Jennifer E. Vecchi Carl Mount Fr: ; `; • JAN-21-2008 NON 10132 AN Wr CO GOVT FAX NO. 970'-0242 P. 01 — —— -- JAN-21-2008 NON 0957 AN FAX NO. 3037727039 P, 02 • EXHIBIT R Proof of Filing with County Clerk or Recorder This is to certify that a copy of the'Esons Wine 112 Reclamation Pemdt Application was of accepted the Weld County Clerk and Recorder's Office and filed with the Cleric to the Board County Commissioners on December 19,2007, Certification: MVZ Sharon Bahl Date Weld County Clerk to the Board of County Commissioners Time and Date Stamp Here: • X; w irn — CD 1~g m—+ N 303— 77 — 3 Parsons Mu • ona!11 Rectarndaon Per Og� ion p Hello