HomeMy WebLinkAbout20071113.tiff RIGHT TO ENTER AND MINE SAND AND GRAVEL
Please refei to Exhibit N in the DMG application for deeds and gravel lease agreements.
Per your request, please see the attached records for leases regarding properties owned by
McWilliams, Chikuma, and D&S Mining.
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Lafarge West,Inc..-Rivet-bend
Weld County USR Permit
Page 31 of 42
2007-1113
1/8/99
STEVEN S.McWILLIAMS
OPTION TO LEASE GRAVEL PROPERTY
THIS OPTION TO LEASE GRAVEL PROPERTY(herein called"this Option")dated this
S T day of d ni.ufj2 f , 1999.
nsideration of the sum of
, t e &rsigned Steven S. McWilliams whose legal address is 12236 Wel ounty
Road#8, Fort Lupton, Colorado 80621 (herein called"Grantor"), for himself, his heirs,personal
representatives,successors,and assigns,hereby gives and grants unto Mobile Premix Concrete,Inc.,
a Colorado corporation(herein called the"Company"),its successors and assigns,the exclusive right
and option to lease for concrete and asphalt batch plants and for the extraction of stone,sand and
gravel and other materials as hereinafter identified,at the royalty,for the term,and upon and subject
to all of the other terms and conditions set forth in the form of lease (herein called the"Lease")
attached to and made a part of this Option,all of that real estate (the"Property") situate in Weld
County,Colorado, described in Exhibit A attached to the Lease and by this reference made a part
of this Option. The materials which are the subject of this Option and the Lease are referred to
herein as"Materials"and are stone,sand and gravel and any overburden and valuable solid minerals
other than hydrocarbon minerals such as coal, oil,gas and associated liquid hydrocarbons that are
removed incident to sand and gravel operations hereunder and which are saleable and recoverable
in the course of such operations.
Grantor acknowledges tha received Cop iggl e foregoing sum of
consideration for the
granting of this Option. If this Option is exercised, the entire consideration shall be considered
advance royalties and shall be credited on the advance minimum royalty payable as provided in the
Lease. The term of this Option shall be for a twelve(12)month period commencing on the date fast
above written. Solely for the purpose of obtaining zoning classifications,variances,or exceptions
from governmental entities and other governmental approvals,permits, licenses, and rights as are
required for the Company's proposed operations on the Pr rty G or agrees that the Company
may, at its option, extend the term of the Option foditio six ( fionth periodsby the
payment to Grantor of the sum oalallit.s consideration for exterisr such sum to be paid
before the expiration of the original twelve (12) month option period, and any such additional
payment shall also be considered advance royalties and shall be credited on the advance
minimum royalty payable as provided in the Lease.
3. Notwithstanding the term of the Option described in Paragraph 2,the Company must
exercise this Option, if at all, on or before the earlier of: (a)the end of the term of this Option as it
may be extended pursuant to Paragraph 2;or(b)not later then thirty(30) days after the Company
(1) obtains or verifies zoning classifications and/or variances and exceptions and receives a State
Division of Minerals and Geology permit and (2) completes the testing, sampling and other
1/8/99
operations described in Paragraph 6. Grantor hereby authorizes the Company,at the Company's
expense and in Grantor's name, if required, to apply for zoning classifications, variances or
exceptions, and governmental approvals,permits,licenses or rights related to and required for the
operations contemplated under the Lease and agrees to cooperate with the Company in obtaining
such approvals and to execute or join in applications,plats and other documents which are required
to obtain the same.
This Option shall be exercised by the Company's depositing in the United States certified
mail, return receipt requested,notice of such exercise addressed to the Grant° ittastigreis rs9
forth in Paragraph 1. The Lease shall i ediately become effective as of
and, to evidence its being effective, the parties shall
execute the I ease,and if requested by the Company,a notice or memorandum thereof in proper form
for recording.
4. Grantor shall provide to the Company evidence that he owns the surface estate and
the Materials for the Property including, without limitation, Grantor's title policy and exception
documents, any existing abstracts, the deed(s) by which Grantor acquired the Property and any
instruments affecting the Property executed by or in the possession of Grantor.
If the Grantor does not own good and marketable title to the Property or Materials, the
Grantor shall return lion y to the Company.
5. Exercise of this Option shall constitute the Company's acknowledgment that,to the
best of the Company's knowledge,Grantor has good and marketable title to the surface estate and
the Materials for the Property.
6. Grantor hereby grants to the Company the right through the Company's officers,
employees,agents and contractors during the term of this Option to enter upon the Property, and to
core, auger, drill, trench and otherwise test and sample for Materials, including stone, sand and
gravel, soil and earth,in,on and under the Property and of free ingress and egress to and from the
Property for such purposes and to bring thereon and remove their tools,machinery and equipment,
and to take and remove such samples. The results of the Company's testing, sampling and
operations shall be and remain the Company's confidential information and its sole and exclusive
property;provided however,the Company shall provide Grantor with copies of all such results,data,
reports, studies and information and otherwise share such information with Grantor within two
weeks from the earlier date that either this Option is exercised or it terminates, and Grantor shall
keep the same confidential while this Option and the LeAse are in effect. The Company shall pay
Grantor the reasonable value of any crops then growing on the Property which are destroyed by
operations pursuant to this Paragraph.
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7. If this Option terminates without exercise by the Company,the Company shall return
the Property to the condition in which it was found by the Company at the commencement of
operations. The Company shall pay Grantor reasonable amounts for any and all damages to crops,
personal property and improvements and to the Property resulting from the operations of the
Company, or its officers, employees, agents and contractors pursuant to the terms of this Option,
including the provisions in Paragraph 6.
8. The Company shall be liable for any and all injuries or death to persons and any and
all damages to or destruction of property that results from or is caused directly or indirectly, wholly
or in part,from the prosecution or omission of any work or obligation undertaken or required by this
Option. The Company shall defend, indemnify and save harmless Grantor and Grantor's agents,
representatives, lessees,contractors, invitees, officers and employees,from and against any and all
liability,cost or expense, including reasonable attorneys fees and expert fees,that arise from or are
in any way connected to the Company's operations hereunder,provided that the Company shall be
required to pay amounts incurred in the settlement of any claim or suit only where the settlement has
been approved by the Company, which approval shall not be unreasonably withheld.
9. The exercise by the Company of this Option to lease is subject to the approval of the
Mobile Premix Concrete,Inc. Board of Directors.
10. If not exercised within the time provided for in Paragraph 2,this Option shall expire
and be of no further effect, and Grantor shall retain all payments received from the Company
hereunder as consideration for the grant of this Option.
11. The Company, upon the expiration of this Option without exercise, or upon
determination that it will not execute the Lease,shall assign and Grantor,at Grantor's option,shall
accept all right,title and interest in any and all permits covering the Property and/or Materials at no
cost and expense to Grantor,except as provided in this Paragraph. Such assignment shall be without
warranty of any kind, and Grantor shall have no right to mine or conduct operations under any
assigned permits or rights unless and until all releases of financial assurances posted by the Company
with the applicable governmental authorities have been obtained,and Grantor or Grantor's agents,
representatives, contractors or lessees have provided appropriate substitute financial assurances.
Grantor shall have six(6)months after expiration of this Option in which to provide such substitute
financial assurances.
12. The Company shall consult with Grantor with respect to all permit applications,plans
and designs of the Company, and the Company shall make reasonable efforts to take Grantor's
requests into account; provided, however, that all final decisions on mine plans, operations,
reclamation, permits and other plans of operations shall be in the Company's sole discretion and
control.
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1/8/99
IN WITNESS WHEREOF, this Option has been duly executed as of the date first above
written.
MOBILE PREMIX CONCRETE,INC. STEVEN S.McWILLIAMS
By:
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Phone: 3o 3-1057- `131•
1760916 4
FINAL
STEVEN S. McWILLIAMS
GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL
THIS INDENTURE,dated this /S-r day of ditivrcnty /999 [insert date of Lessor's
receipt of Company's notice of exercise of Option],(hereinafter referred to as the"Lease", by and
between Steven S. McWilliams,with his address being 12236 Weld County Road#8, Fort Lupton,
Colorado 80621 (hereinafter referred to as lessor") and Mobile Premix Concrete, Inc., a Colorado
corporation (hereinafter referred to as the'Company"), with its address at 1400 West 64th Avenue,
Denver,Colorado 80221.
WITNESSETH •
In consideration of the sum of SEVEN THOUSAND DOLLARS ($7,000.00) paid by the
Company to Lessor
alIPIIIIIIMPIPPINIPMaSIMMMIPPIPpreviously paid for the Option to Lease Gravel •6
Property (`Option' under which this Lease is taken), the receipt and sufficiency of which is hereby
acknowledged by Lessor,which sum shall satisfy the advance minimum royalty requirement identified
in Paragraph 4 with respect to the period from the commencement date hereof to the end of the first
year of the term of this Lease,and on and subject to the terms and conditions provided in this Lease,
Lessor hereby leases, lets and demises to the Company the Materials as defined herein, in, on and
under the real property situate in Weld County and described in Exhibit A attached hereto and made
a part of this Lease(hereinafter referred to as the`Property ),and the exclusive right to sample,drift,
and test for,develop,mine,quarry,extract, process,sell,use and remove them during the Initial Term
(as defined in Paragraph 2 below) of this Lease, along with the right during the Initial Term and
Successive Terms (as defined in Paragraph 2 below) to locate and operate with associated use •
easements,as provided in Paragraph 5 below. In no event shall all or any part of the Property be used
as or for a landfill.
TOGETHER WITH the right to use and exercise the water and water rights appurtenant to the
Property that belong to Lessor('Water Rights')to the extent appropriate for the extraction, removal
and processing of the Materials, as well as for revegetation and reclamation, and including exposure
of alluvial waters to evaporation.
1. Definitions.
•
A. Commercially Economic Materials shall mean all Materials that are removed
from the Property and all Materials that can be sold at a profit The determination of whether Materials
can be sold at a profit shall be determined by Company in its sole and exclusive discretion.
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B. Lease Year shall mean a period of one year beginning on the date or the
anniversary date on which the Lease is executed.
C. Materials shall mean stone,sand and gravel and any overburden and valuable
solid minerals other than hydrocarbon minerals such as coal, oil, gas and associated liquid
hydrocarbons that are removed incident to sand and gravel operations hereunder and which are
saleable and recoverable from the Property in the course of such operations.
2. Term. The Term of this Lease shall be an initial period of fifteen (15) years
commencing on the j 5 day of d Warner , A ', [per introductory paragraph], and
ending on the day of ,201_('Initial Term'). The Company shall have the
option to extend the Initial Term for an additional nine (9) years ("Extended Initial Term") by giving
Lessor notice of such extensions at least sixty (60) days before the end of the Initial Term and
accompanying that notice with a payment to Lessor of
During the Extended Initial Term,the Company shall continue
to have the same rights under this Lease as it does during the Initial Term. The Company also shall
have the option to extend either the Initial Term (if the Company does not elect to enter into the
Extended Term as provided above)or the Extended Term for two additional periods of, first, eleven
(11)years and, second, ten(10)years each ("Successive Terms')by giving to Lessor notice of such
extensions at least sixty(60) days before the beginning of each such additional successive period;
provided that, during any Successive Term,the Company's sole right shall be the right to utilize the
Property for easements, as provided in Paragraph 5 below. During any Successive T th
Company's sole obligation shall be the obligation to pay the Lessor the sum of
prior to the expiration of each Lease Year during the Successive Term("Rent).
During the Successive Terms (if any), the Company shall not be obligated to pay any advance
minimum royalties or to make any other type of payment to Lessor other than Rent. Any easement
granted pursuant to this Paragraph 2 shall be situated in accordance with the applicable provisions •
of Paragraph 5. Either the Initial Term or the Successive Terms may be earlier terminated pursuant
to applicable provisions of Paragraph 14 below.
3. Production Royalties.
A. For all Materials mined, quarried, extracted and sold or removed from the
Property during each calendar month, the Company shall pay to Lessor a royalty at the rate of thirty
cents($0.30)per ton of 2,000 pounds within twenty(20) days after the close of such calendar month,
which royalty rate shall be increased by three percent(3%)at the end of each Lease Year. The royalty
payments shall be accompanied by a monthly statement with the royalty calculation that includes an
accounting of the tons of Materials mined from the Property and sold for the month.
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B. The Company shall keep and maintain adequate and accurate records of the
quantities sold for Materials mined,removed,and sold. Lessor shall have the right at all reasonable
times during business hours to examine such records of the Company at the offices of the Company
and to verify the quantities of Materials mined,removed,and sold and the accuracy of the scales used
to weigh the Materials.
4. Minimum Royalties: No Implied Covenants. Advance minimum royalty shall be paid
at the rate of SEVEN THOUSAND DOLLARS ($7,000.00) for each of the first through fifth Lease
Years. In this regard, the Company has paid Lessor the sum of SEVEN THOUSAND DOLLARS
($7,000.00)as above receipted for,for the first Lease Year,and the Company shall pay a like amount
prior to the beginning of each Lease Year thereafter through the fifth Lease Year. Commencing in the
sixth Lease Year and continuing through the tenth Lease Year,the advance minimum royalty shall be
EIGHT THOUSAND DOLLARS($8,000.00)per Lease Year. Commencing in the eleventh Lease Year
and continuing through the fifteenth Lease Year, the advance minimum royalty shall be TEN
THOUSAND DOLLARS ($10,000.00) per Lease Year. No advance minimum royalties shall be
payable during any Successive Term. No advance minimum royalties shall be payable following
termination of this Lease. Amounts paid as advance minimum royalties shall be credited against and
applied to reduce amounts otherwise payable as production royalties pursuant to Paragraph 3.
Production royalties paid pursuant to Paragraph 3, after taking into account advance minimum
royalties paid pursuant to this Paragraph 4,shall be applied in succeeding years to reduce amounts
subsequently payable as advance minimum royalties.
There is no implied covenant or obligation of the Company to develop or mine the Property or
to sell Materials. The Company may maintain this Lease in effect for the Initial Term by making the
annual advance minimum royalty payments(the Company may maintain this Lease in effect for the
first or both Successive Terms by paying the Rent specified in Paragraph 2), and if the Company
mines Materials from other properties, it may transport Materials across the Property to off-site
processing facilities so long as this Lease is maintained in effect. Except as otherwise specifically
provided herein, Lessor shall not be required to return to Lessee any advance minimum royalty
payment
5. Easements. Any access easements and the location and alignment or realignment of
any conveyor shall be agreed upon by the Lessor, which agreement shall not be unreasonably
withheld. Any access easement and conveyor easement shall be 50 feet in width in the original
Property area. The conveyor easement shall include but not be limited to the right to construct,
operate, maintain, repair and remove a conveyor system and similar, related or incidental
. improvements for purposes of transporting materials across the Property. The Company also shall
construct and maintain a crossing either under or over the conveyor to allow for a vehicle of 10 feet
in width and 9 feet in height to pass under or over the conveyor. At any time that the Property is being
used solely for transport of Materials across the Property, Lessor shall have the right to reenter,
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occupy and use those areas of the Property to the extent that the permit and related financial
assurance have been released by the State Division of hi tines and Geology and to the extent that such
use does not interfere with the Company's operations.
6. Water. The Company shall have the right to use any and all Water Rights associated
with the Property to the extent such use is necessary in its operations. The use by Company of the
Water Rights shall be in compliance with all applicable laws,rules and regulations and other conditions
governing the use of the Water Rights and related to the Company's operations on the Property,
including without limitation,all mining and post mining requirements for augmentation related to pith
and reclaimed areas. The Company is wholly responsible for and shall obtain all water rights in
addition to the Lessors'Water Rights that are necessary for its operations, including its mining and
processing operations and to comply with all post mining and reclamation requirements, and shall
obtain any agreements, decrees or permits for change of use or augmentation as may be required,
all at the Company's sole cost and expense. For so long as the Initial Term of this Lease remains in
effect, Company shall bear, at its sole cost and expense, all annual assessments and fees, if any,
payable to ditch companies with respect to Lessor's Water Rights. After the Initial Term of this Lease,
Lessor shall be solely responsible for all such assessments and fees. Notwithstanding any of the
foregoing provisions to the contrary,the Company,at its sole cost and expense,shall provide all water
rights required for augmentation of evaporative losses from pits resulting from the Company's mining
operations on the Property and shall bear all costs and expenses associated with the approval of such
an augmentation plan. Company shall transfer to Lessor any such water rights obtained by the
Company for purposes of augmentation of such evaporative water losses, to the extent that those
water rights have not been committed to any water districts or entities.
7. Operations.
A. The Company shall conduct its operations on the Property in a prudent and •
workmanlike manner and in accordance with good and accepted mining and business practices and
in compliance with all applicable federal,state and local laws,rules and regulations. The Company
shall plan its operations so as to avoid undue waste or loss of Materials. The timing, nature,manner
and extent of mining operations, processing and sales shall be within the sole discretion of the
Company, and the Company shall not be required to mine, preserve or protect in its operations any
Materials which, under good mining practices,cannot be mined or sold at a reasonable profit to the
Company at the time they are extracted.
B. The Company shall have the right to install, construct, operate, maintain,
dismantle,and remove plants,machinery,equipment,improvements,and other facilities including,but
not limited to, roads, rail lines, pipe lines, power lines,telephone lines, water courses, wells, dams,
ponds, and stockpiled areas and any right-of-way it deems necessary or desirable for its operations
on the Property related to the Company's operations under this Lease. The Company shall have the
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right during the Initial Term of this Lease and without payment to Lessor (except for production
royalties payable pursuant to Paragraph 3 and advance minimum royalties payable pursuant to
Section 4) to strip and remove overburden and otherwise to use and occupy the Property in
conjunction with other properties, as is reasonably required in connection with mining, quarrying,
extracting, processing,storage,transportation,sale and removal of Materials from the Property and
from other properties owned or leased by the Company. The Company shall not backfill any Materials
into any pits on the Property unless and to the extent that it is required to do so by laws, rules,
regulations or requirements of any governmental agency, or that Lessor approves of same, which
approval shall not be withheld unreasonably.
C. The Company shall consult with Lessor with respect to all permit applications,
plans and designs of the Company,and the Company shall make reasonable efforts to take Lessor's
requests into account provided, however, that all final decisions on mine plans, operations,
reclamation, permits and other plans of operations shall be in the Company's sole discretion and
control.
D. Lessor authorizes the Company on Lessor's behalf and agrees to cooperate
with the Company, at the Company's sole expense, to apply for and obtain zoning or other
governmental land use classifications,permits,approvals, licenses,and rights(hereinafter"authority')
that are reasonably required in connection with the operations that are contemplated under this Lease;
provided,however, the Company shall provide bonds or other financial assurance for its operations,
including for the restoration, reclamation or rehabilitation of the property, as may be required or
advisable to obtain such permits and approvals.
E. If Lessor or Lessor's actions preclude the Company from being able to perform
mining or processing operations pursuant to this Lease,the Company,at its election, may terminate
•
this Lease by giving ninety(90)days prior written notice to Lessor without any further obligation to
Lessor. Lessor, in its sole discretion,may remedy such action within thirty(30)days, in which case
this Lease shall not terminate. The Company, as part of such termination,shall have the right at its
option to have Lessor return any advance minimum royalties not offset by production royalties.
8. Waiver of Lateral Support Lessor hereby waives the lateral support for mining
purposes for the lands located between the Property's boundary lines and the boundary lines for those
adjacent properties that are owned or leased by the Company. Upon the completion of mining or the
termination or expiration of this Lease, whichever occurs first, the Company shall reconstruct the
lateral support on the Lessor's property line such that the support will have a minimum top width on
Lessor's property of 35 feet
9. Liabilities.
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A. The Company shall defend, indemnify and hold harmless Lessor and Lessor's
agents and employees from and against any and all claims, demands, judgments, and liability,
including reasonable attorneys fees and expert fees,by or to any and all third parties resulting from
the negligent acts or omissions of the Company or its agents, representatives,officers, employees,
lessees and contractors in,on or about the Property.
B. Lessor shall defend and indemnify and hold harmless the Company and the
Company's agents and employees from and against any and all claims, demands,judgments and
liability, including reasonable attorneys fees and expert fees,by or to any and all third parties in any
way related or connected to the use or operations of Lessor on the Property while this Lease is in
effect,or the presence of Lessor or Lessor's agents,employees, licensees or invitees on the Property.
C. The Company shall defend,indemnify,and hold harmless Lessor from any and
all liability resulting from its operations hereunder pursuant to all local,state and federal environmental
laws,ordinances,rules and regulations,including but not limited to,the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9601 et seq.) and the Resource
Conservation and Recovery Act(42 U.S.C. §6901 et seq.), as any of such laws, ordinances, rules
and regulations have been or are amended from time to time.
D. The foregoing indemnifications shall all survive the termination of this Lease.
The indemnity provisions set forth in this Lease shall apply to amounts paid in settlement of a claim
by an indemnified party only if such settlement is approved by the indemnifying party,which approval
shall not be unreasonably withheld.
10. Insurance.
A. The Company shall maintain at it sole expense and at all times statutory
Worker's Compensation and Occupational Disease Disability Insurance coverage as required under
the laws and regulations of the State of Colorado for all its officers and employees who perform work
for the Company hereunder.
B. The Company shall purchase, at its sole expense, and shall maintain at all
times the following minimum insurance protection.
Comprehensive General Liability and Property Damage Insurance in the
amount of$1,000,000 combined single limit;
ii. Employer's Liability Insurance in the amount of$100,000 each occurrence;
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iii. Automobile Liability Insurance in the amount of$1,000,000 combined single
limit and
iv. Adequate and reasonable insurance for other risks ordinarily insured against
in similar operations.
C. The Company agrees that it shall require all independent contractors,
contractors and subcontractors who perform work in connection with the Property to have similar and
adequate insurance in full force and effect
11. Title.
A. Lessor warrants that Lessor owns the surface estate and the Materials for the
Property,and Lessor agrees to defend said title against adverse claims.
B. The Company has accepted Lessor's marketable title, to the best of its
knowledge,at the exercise of this Lease. If subsequent thereto the Company determines that Lessor's
title to the Property and Materials is not good and marketable,the Company shall so notify Lessor in
writing,in which case Lessor may,in Lessor's sole discretion and at Lessor's cost,correct the specified
title defects. If any title defects which render the title unmarketable or adversely affect the Company's
right to mine are not cured within sixty (60) days after receipt of such notice, the Company, at its
option,may terminate this Lease without any further obligation to Lessor. The Company shall, as part
of such termination, have the right at its option to have any and all prepaid royalties not offset by
production royalties refunded to the Company.
C. Without regard to the warranties of title given to the Company by Lessor, if
Lessor owns less than one hundred percent(100%)of the Materials under all or any portion of the •
Property,then the amounts payable to Lessor hereunder as advance minimum royalty payments and
production royalties shall be reduced in the proportion that the interest of the Lessor in the Materials
bears to one hundred percent(100%)of the Materials under the Property.
12. Taxes. During the term of this Lease (including both the Initial Term and any
Successive Terms), Lessor shall pay when due all general,ad valorem and property taxes assessed
against the Property,provided that the Company shall,upon the provision to it of reasonably sufficient
documentation,reimburse Lessor for any increases in such taxes actually paid by Lessor during the
Initial Term over and above the amount of such taxes paid by Lessor during 1998. During the Initial
Term, the Company shall pay when due all taxes assessed upon the production, severance or
extraction of Minerals from the Property by the Company. In addition, the Company shall pay all
personal and real property taxes assessed against machinery,tools,equipment supplies, buildings,
improvements, pipelines, stockpiles of Materials, and other property and/or fixtures placed by
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Company on the Property. Lessor shall pay all taxes on improvements that Lessor installs on the
Property for Lessor's own purposes.
13. Labor and Materials. The Company shall defend,indemnify and hold harmless Lessor
from and against any and all claims, charges, demands, causes of action, damages and liability,
including reasonable attorneys fees and expert fees,that arise from or are connected to the acts or
omissions of the Company hereunder or to those of its contractors, subcontractors, employees,
officers,agents or lessees in regard to providing labor and acquiring or installing materials,equipment
and supplies for operations under this Lease. The Company further agrees to keep the Property free
and clear of liens,charges,claims or demands arising from the Company's operations hereunder and
to promptly pay for all labor performed on the Property and for all supplies,materials,and equipment
used or placed on the Property. The Company may contest in good faith any lien;provided that, the
Company shall not allow title to the Property or any portion of it to be lost The Company shall
promptly notify Lessor in writing in regard to any lien, affidavit or other claim which may be made or
attached against the Property as the result of its operations hereunder.
14. Termination.
A. Lessor shall have the right at Lessor's option to terminate this Lease if the
Company fails to perform any of its obligations hereunder as follows:
i. If the Company fails to pay when due any amounts to be paid hereunder,
Lessor may at its option give the Company written notice of such failure and the Company
shall have fifteen(15)days from the date it receives notice to pay the amounts owed to Lessor.
All past due payments shall bear interest at the rate of one and one-half percent(1.5%)per
month. If the Company fails to pay the past due amounts to Lessor within the fifteen(15)day
period, Lessor may at its option declare the Company in default and terminate this Lease.
ii. If the Company defaults in the performance of any obligation hereunder other
than the obligation to pay money when due, Lessor may at its option give written notice of such
default to the Company, and the Company shall have thirty(30)days from the date it receives
such notice to cure the default If the Company fails to cure the default within the thirty day
period, Lessor may at its option terminate this Lease;provided, however,that if the default is
minor and the default can be fully compensated for in damages,then such default shall not be
a basis for cancellation or forfeiture of this Lease or any of Company's rights hereunder if the
Company pays the full amount of damages within thirty(30)days after demand by Lessor. If,
through nq fault of the Company, such failure is impracticable to correct within the 30-day
period,Lessor shall have no right to terminate this Lease if the Company commences in good
faith to correct the failure and provided that the Company diligently pursues and completes the
correction within a reasonable time.
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A default shall occur in the event and at any time that the Company becomes insolvent or the
subject of bankruptcy proceedings or assigns any of its assets for the benefit of debtors.
B. The Company shall have the right,at its option,to terminate this Lease at the
end of any Lease Year during the Initial Term or any Successive Term by giving at least sixty(60)days
prior written notice to Lessor. Lessor shall not be entitled to receive additional compensation after the
date of termination,other than any and all royalties or Rent due and accrued;provided, however,that
if Company terminates this Lease before Lessor has received a total of Fifty Thousand Dollars
($50,000.00)in the sum of: (i)payments under the Option;(ii)the initial payment under this Lease;
(iii) production royalties paid pursuant to Paragraph 3 of this Lease; and (iv) advance minimum
royalties paid pursuant to Paragraph 4 of this Lease;then Company shall pay the difference between
Fifty Thousand Dollars($50,000.00)and that total to Lessor within ten (10)days after termination.
C. Upon termination of this Lease for any reason,the Company shall continue to
be liable for the performance of all obligations and the satisfaction of all liabilities to Lessor including,
but not limited to,the payment of royalties which have accrued prior to the date of termination and the
compliance with all laws, regulations, and permit conditions that apply to the Property and the
operations on the Property including, but not limited to all reclamation, environmental and land use
laws, regulations and permit conditions.
D. Upon termination of this Lease with respect tg all or any part of the Property,
the Company agrees to furnish Lessor with a document satisfactory to Lessor verifying such
termination and release of Lease.
E. Upon termination of this Lease for any reason, the Company shall furnish
Lessor with maps showing the location of all test holes on the Property and provide Lessor with copies •
of all test results,studies,data and analyses in its possession with respect to or in connection with the
Materials or the mining of the Materials on the Property.
F. Upon termination of this Lease by the Company for any reason,all sums paid
hereunder to Lessor shall remain the property of Lessor and shall not be recoupable or refundable
except to the extent that they have already been recouped or refunded as of the effective date of
termination,or except as expressly provided in Paragraphs 7.E and 11.6 and C above.
15. End of Term. The Company shall have the right for six months from the date of the
expiration or termination of this Lease to dismantle and remove plants, machinery, equipment,
improvements,and other facilities installed or constructed on the Property by the Company and also
to sell and remove Materials then stockpiled on the Property,subject to its obligation to pay production
royalties pursuant to Paragraph 3.
SL990320.237
FINAL
16. Post-Mining Use; Restoration of Property. Company understands that Lessor's
intended post-mining use of the Property is for a private recreational site and wild-life habitat. Within
two(2)years after the expiation or earlier termination of this Lease,the Company will seed,grade and
replace topsoil on overburden piles,lake banks and other disturbed areas on the Property in such a
manner as will accommodate ultimate reseeding and mowing. Following the expiration or termination
of this Lease for any reason, Lessor covenants that Lessor will not extract or allow others to extract
Materials until Lessor or others effect the transfer of the State Division of Minerals and Geology Permit
to their names for reclamation or rehabilitation of the Property and the release of any security or bond
provided by the Company to secure its performance or discharge its responsibilities. The Company
shall have the right to access and enter the Property and effect on the Property such restoration,
rehabilitation and reclamation as may be required to discharge the responsibilities which the Company
has assumed pursuant to its permits and under Paragraphs 7.D and 8 and to procure the release of
any bond or other financial assurance provided by the Company.
17. Right of First Refusal. In the event that, during the term of this Lease (including the
Initial Term and any Successive Terms), Lessor receives a bona fide offer to purchase any of Lessor's
right, title or interest in or to this Lease,the Property or the surface estate of the Property and Lessor
desires to accept such offer, Lessor shall first offer to sell such right, title or interest(the 'Offered
Interest') to the Company on the same terms and conditions by providing written notice to the
Company setting forth the Offered Interest,the proposed purchase price (which shall only be cash),
any other applicable terms or conditions and a copy of the bona fide offer or proposal received. The
Company shall have thirty(30) days to elect whether or not to purchase the Offered Interest at the
price and on the terms and conditions stated in Lessor's notice by providing written notice thereof to
Lessor. If the Company does not provide such a notice to Lessor within such'30-day period, the
Company shall conclusively be deemed to have elected not to purchase the Offered Interest. If the
Company timely elects to purchase the Offered Interest,the closing of the purchase shall occur within •
twenty(20) days following the provision to Lessor of the Company's notice. If the Company does not
elect within such thirty(30)day period to purchase the Offered Interest,Lessor shall have twenty(20)
days thereafter to close the sale of the Offered Interest to the third party offeror at the price and on the
terms and conditions stated in Lessor's original notice to the Company. In the event that Lessor fails
to close the sale to the third party offeror within such twenty(20)day period, the Company's right of
first refusal under this Paragraph 17 shall be deemed revived. During the term of this Lease, Lessor
shall not sell,or enter into any agreement or commitment to sell,any right,title or interest in or to this
Lease, the Property or the surface estate of the Property except in accordance with the provisions of
this Paragraph 17 and the Company's right of first refusal hereunder. Any such sale by Lessor to any
third party shall expressly be subject to all of the Company's rights,title and interests under this Lease.
18. Lessors Option to Purchase. The parties acknowledge and understand that (i) the
Company has entered into that certain Option to Lease Gravel Properly dated February 8, 1998(the
31990320 237
FINAL
'Rittenhouse Option to Lease') with Donald L. Rittenhouse and Suzanne Rittenhouse (the
'Rittenhouses');(ii)pursuant to the Rittenhouse Option to Lease,the Company has the option to enter
into a Gravel Property Lease with Option to Purchase Surface agreement(the"Rittenhouse Lease and
Purchase Option', a form of which is appended to the Rittenhouse Option to Lease); and (ii) if the
Company enters into the Rittenhouse Lease and Purchase Option, it would have the option, under
certain circumstances described therein,to purchase the surface estate of certain lands situated in
Weld County, Colorado and owned by the Rittenhouses, including without limitation those certain
lands situated to the north and west of the Platte River that are described in Exhibit B appended hereto
(the 'Northwest Parcel"). In the event that, during the term of this Lease, the Company acquires
ownership of the surface estate of the Northwest Parcel or any portion thereof(an"Acquired Surface
Interest'),the Company shall promptly provide written notice of such acquisition to Lessor. Lessor
shall have the right and option,for a period of thirty(30)days following the provision of the Company's
notice, to elect to purchase the Acquired Surface Interest from the Company for the sum of FIVE
HUNDRED DOLLARS($500.00)per acre, prorated as to fractional acreage. Lessor shall exercise
its option to purchase by giving written notice thereof to the Company within the aforementioned thirty
(30) day period,specifying a closing date not less than ten (10)nor more than thirty(30)days after
the date Lessor's notice of exercise is delivered to the Company. If Lessor does not provide such a
written notice of exercise to the Company within the aforementioned thirty day period, Lessor shall
conclusively be deemed to have elected not to purchase the Acquired Surface Interest If Lessor
timely elects to purchase the Acquired Surface Interest, the Company shall convey its ownership
interest in the surface estate of the Acquired Surface Interest at the closing by quitclaim deed,subject
to all of the Company's remaining rights, title and interest(if any) under the Rittenhouse Lease and
Purchase Option and reserving all minerals, including without limitation sand, stone and gravel.
Subsequent to the conveyance to Lessor of the Acquired Surface Interest,the Company shah retain
all of its rights and privileges under the Rittenhouse Lease and Purchase Option; including without
limitation the right to conduct mining operations, but shall have no liabilities, duties or obligations
thereunder to Lessor, its successors or assigns, including without limitation any obligation to pay •
production royalties, advance minimum royalties or any other type of payment or any liability for any
damage to or use of the surface estate in connection with operations.
19. Assignment The provisions of this Lease shall extend to and be binding upon the
heirs,personal representatives,successors,assigns and sublessees of Lessor and the Company. The
Company shall have the right to subcontract with others for the performance of exploration,
development and mining work hereunder,subject to all terms of this Lease, but no such subcontract
shall relieve the Company of its obligations to Lessor hereunder.
20. Notice. Notices of default or of cancellation or termination of this Lease and all other
notices required or permitted hereunder shall be given by registered or certified mail,postage prepaid,
addressed to the parties as follows:
SLS903 .n,
FINAL
Mobile Premix Concrete, Inc.
Attn: Land Department
1400 West 64th Avenue
P.O. Box 21588
Denver,Colorado 80221
Steven S.McWilliams
12236 Weld County Road#8
Fort Lupton, Colorado 80621
21. Entire Agreement This Lease contains the entire agreement between the parties
hereto,and neither it nor any part of it may be changed,altered,modified,or limited orally or by any
agreement between the parties unless such agreement be expressed in writing, signed, and
acknowledged by the Lessor and the Company, or their respective heirs,personal representatives,
successors and assigns.
IN WITNESS WHEREOF,this Gravel Property Lease with Right of First Refusal has been duly
executed as of the date first above written.
MOBILE PREMIX CONCRETE, INC. STEVEN S. McWILLIAMS
By: idliWASeditr ittat
Position: ae+csre P/i{j/,riQtp-A--_
:L990720.237
FINAL
EXHIBIT A
PROPERTY
All that part of the NW 1/4 of Section 19,Township 1 North,Range 66 West of the 6th P.M.which lies
west of the center line of the South Platte River,Weld County,Colorado,
EXCEPT:
A parcel of land located in the NW 1/4 of Section 19, Township 1 North, Range 66 West of the 6th
Principal Meridian,Weld County,Colorado,more particularly described as follows:
Commencing at the northwest corner of said Section 19,thence S 00011'42"W, along the west line
of said NW 1/4,a distance of 30.00 feet thence N 90000'00" E, along a line 30.00 feet south of and
parallel with the north line of said NW 1/4, a distance of 747.67 feet to the Point of Beginning of said
excepted parcel;
1) Thence continuing along said parallel line, N 90000'00" E, a distance of 882.35 feet to the
centerline of the main channel of the South Platte River (1997) and continuing along said
centerline the following 5(five)courses;
2) Thence S 22091'23"W,a distance of 119.58 feet;
3) Thence S 33019'22"W,a distance of 67.31 feet
4) Thence S 43051'39"W,a distance of 182.10 feet •
5) Thence S 46041'03"W, a distance of 182.88 feet
6) Thence S 35051'46"W, a distance of 4.35 feet;
7) Thence departing said centerline, N 90000'00"W,a distance of 542.31 feet
8) Thence N 00033'48" E, a distance of 427.13 feet to the Point of Beginning of said excepted
parcel, containing 7.273 acres,more or less.
3L990320 237
1/8/99
MEMORANDUM OF OPTION TO LEASE GRAVEL PROPERTY
THIS MEMORANDUM OF OPTION TO LEASE GRAVEL PROPERTY(herein called
"this Memorandum") is dated this I5-E day of J RNu p-rt'( , 1999, and entered
into between STEVEN S. McWILLIAMS, whose legal address is 12236 Weld County Road
#8, Fort Lupton, Colorado 80621 (herein called "Grantor"), and MOBILE PREMIX
CONCRETE, INC., a Colorado corporation, with its address at 1400 West 64th Avenue,
Denver, Colorado 80221 (herein called the "Company").
1. Property Subject to Option. The real estate subject to this Memorandum is
situated in Weld County, Colorado. and described more particularly in Exhibit A attached
hereto and by this reference made a part hereof(the "Property").
2. Grant of Option. Grantor hereby grants to the Company for the Option Term
described in paragraph 3 below the exclusive right and option (the "Option") to enter into
a Gravel Property Lease With Right of First Refusal, with respect to all of the Property.
3. Term of Option. The term of the Option (the"O • h Term") shall be for an
a
initial twelve (12) month period, extendable foraa-additional six (6) months. p e-naot 5 „froi—a
4. Rights During Option Term. During the Option Term, the Company shall
have the right to enter the Property and core, auger, drill, trench and otherwise test and
sample for mineral materials and to take and remove samples thereof.
5. Release of Option. If the Option terminates without the Company having
exercised the Option, it shall provide to Grantor an executed, recordable form of Release
of Company's rights under the Option.
6. Govemi g Document. Grantor. and the Company agree that this
Memorandum is executed solely for purposes of providing constructive notice to third
parties of Company's Option rights, and that they have entered into a more detailed and
complete Option to Lease Gravel Property (herein called the"Full Agreement") as of the
1/8/99
date hereof. In the event of any inconsistency between this Memorandum and the Full
Agreement, Grantor and the Company hereby agree that, as between them and their
respective successors and assigns, the Full Agreement shall govern in all respects.
WHEREFORE, Grantor and the Company have executed this Memorandum to be
effective as of the date first above written.
STEVE S. McWILLI MS
MOBILE PREMIX CONCRETE, INC., a
Colorado corporation
By: /Alias,
Title: k.a„Ow a_.{1
ita
H
STATE OF
ss.
COUNTY OF ) t
The foregoing instrument was acknowledged before me this 1�acrt day of
e$P_L1A'.i.i , 1999 by STEVEN S. McWILLIAMS.
P I .I
My Commission expires:\ Ea. r( 1a�(
2
.
1/8/99
STATE OF COLORADO
COUNTY OF G J-n s ss.
The foregoing instrument)))was acknowledged before me this I L /-h day of
1999, byy (-Lir4 t Q.
OB L MIX CONCRETE,I .,a Colorado corporation, on behalf of the Corporation.
(seal) S
tag I 7
I ARY PUB C
My Commission expires: b-ter32o% —;WOo0`,,
A:•NJ A4q. ,9�b
ce:
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191325.1 3
I
AMENDMENT
TO OPTION TO LEASE GRAVEL PROPERTY AND
GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL
THIS AMENDMENT TO OPTION TO LEASE GRAVEL PROPERTY AND GRAVEL
PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL("this Amendment")is made and entered into
as of the 1` day of January, 2000, by and between Steven S. McWilliams, 12236 Weld County Road #8,
Ft. Lupton, Colorado 80621 ("Lessor") and Mobile Premix Concrete, Inc., a Colorado corporation ("the
Company")with its address at 1400 West 64'"Avenue,Denver,Colorado 8022L
Recitals
Lessor and the Company have heretofore entered into that certain Option to Lease Gravel
Property("the Option")dated January 1, 1999, a Memorandum of which was recorded at Reception No.
2680523 on March 17, 1999 in the Weld County, Colorado real property records for certain property of
Lessor located in Weld County("the Property"). The Option includes,as an attachment,a certain Gravel
Property Lease with Right of First Refusal("the Lease"). The parties desire to extend the Initial Term set
forth in the Lease and resolve certain other issues,and therefore desire to enter into this Amendment.
Amendment Agreement
Now therefore, in consideration of the payment by the Company to the Lessor of the amount of
$7,065,the receipt and sufficiency of which is acknowledged by Lessor,the parties agree as follows:
1. The parties acknowledge that the Option remains in full force and effect, and except as
modified by this Amendment, the terms of the Option and Lease govern the nghts and obligations of the
parties.
2. Terms used in this Amendment shall have the same meaning as in the Option and the
Lease.
3. The"Initial Term"defined in Section 2 of the Lease is hereby extended for five(5)years
beyond the time set forth in Section 2 of the Lease. All other time periods based upon the Initial Term
shall run from this revised Initial Term.
4. Lessor covenants and agrees that he will execute the Application for Zoning the
Company has prepared in connection with the Property and that Lessor will not object to or oppose the
application or the proceedings to obtain such zoning. Lessor will likewise cooperate in and not oppose
the Company's permit application to the Colorado Division of Minerals and Geology, including but not
limited to the execution of such landowner consents as may be required for the permit.
Executed this:ii day of January,2000, to be effective as of January 1,2000.
ThMOBILE PREMIX CONCRETE, INC.,
�( � � /�, a Colorado corporation
STEVEN S. MCWILLIAMS
By: J//
Deevezz /`/GG Ate _(Title) ,.
440
COPY
EXPLORATION AGREEMENT WITH RIGHT OF FIRST REFUSAL
THIS EXPLORATION AGREEMENT ITH RIGIjT OF FIRST REFUSAL ("this
Agreement") is made and entered into this /7 day of get fret, 02000 , by and
between MARY K. CHIKIJMA (hereinafter referred to as "Owner"), whose legal address is
3550 Weld County Road 23, Fort Lupton, CO 80621 and MINERAL RESERVES, INC., a
Colorado corporation(herein called the"Company").
1. Payment for Agreement. In consideration of the sum of Seventy-five thousand and
to be paid by the Company to Owner after January I, 2001 and
no later than January 15, 2001, the sufficiency of which is hereby acknowledged by Owner,
Owner hereby grants the Company the sole and exclusive right for the period and on the terms
and conditions set forth below, to enter upon all of that real estate (the "Property") situated in
Weld County, Colorado, described in Exhibit A attached hereto and by this reference
incorporated herein for the purpose of exploring for, testing, evaluating, planning and obtaining
permits and land use authorizations for the extraction and processing of stone, sand and gravel
and any overburden and valuable solid minerals (other than hydrocarbon minerals such as coal,
oil, gas and associated liquid hydrocarbons) that may be removed incident to sand and gravel
operations and which are saleable and recoverable in the course of such operations (such
substances being referred to herein as "Materials"). The foregoing payment is consideration for
the rights granted by Owner under this Agreement and,unless Owner's title under Paragraph 3. is
defective, the payment is non-refundable and shall not be credited against any payment under the
lease contemplated in Paragraph 10. The Company shall not conduct operations for the
commercial extraction of Materials on the Property until the Lease described in Paragraph 10 is
negotiated and in effect.
2. Term. The term of this Agreement("Term")shall be for a fifteen- (15) month period
commencing on the date first above written.
3. Title. Owner shall provide to the Company evidence that Owner owns the surface
estate and the Materials for the Property including, without limitation, Owner's title policy and
exception documents, any existing abstracts, the deed(s) by which Owner acquired the Property
and any instruments affecting the Property executed by or in the possession of Owner and, within
15 days after mutual execution of this Agreement (the Title Deadline), a current title
commitment for the Property, together with legible copies of all documents giving rise to
exceptions or requirements in the title commitment (collectively, the 'Title Documents").. The
Company shall have 45 days after the Title Deadline in which to examine title and to give
written notice of any defects that, in the Company's opinion, render the title unmarketable. If the
Company does not give written notice of any objections to title within such 45-day period, the
title shall be deemed acceptable to the Company. If the Owner receives notice of defects within
such 45-day period, and such defects are not cured by Owner within twenty-five (25) days of
receipt of the written notice of title defects, or waived by the Company, then the Owner shall be
obligated to return the payment made pursuant to Paragraph I to the Company if the Company
Chikuma_ExloAgmt9.doc
.r+
elects to terminate the Agreement because of such title defect. Such election to terminate must
be made by the Company in writing within 30 days of the end of the 45-day period; failure to
timely provide such notice shall be deemed a waiver of such title defects by the Company.
4. Existing Data. Owner shall also supply to the Company all information in Owner's
possession regarding the extent,quality and location of Materials in place within the Property.
• 5. Inspection and Testing. Owner hereby grants to the Company the right, subject to
and with due regard for the rights of the existing farm and oil and gas tenant, through the
Company's officers, employees, agents and contractors during the term of this Agreement to
enter upon the Property, and to core, auger, drill, trench and otherwise test and sample for
Materials, including stone,sand and gravel,soil and earth, in, on and under the Property, to drill,
install and operate groundwater monitoring wells (registered, as required, with the Colorado
State Engineer), to install and operate any air or other monitoring devices, and of free ingress
and egress to and from the Property for such purposes and to bring thereon and remove their
tools, machinery and equipment, and to take,record and remove such samples and perform such
monitoring.
6. Confidentiality. The economic terms of this Agreement and the results of the
Company's testing, sampling and operations shall be and remain the Company's confidential
information and its sole and exclusive property; provided however, the Company shall supply
Owner with copies of all such results, data, reports, studies and information and otherwise share
such information with Owner within sixty (60) days after the Agreement terminates without
execution of a lease or other agreement for operations on the Property, as described below, and
Owner shall keep the same confidential for eighteen months after this Agreement terminates.
7. Survey. During the term of the Agreement, the Company shall have the right to
obtain an ALTA survey of the Property("Survey"). Such survey shall be completed within 60
days after mutual execution of this Agreement. Any matter disclosed by the Survey as adversely
affecting the Property shall be treated as a title defect in the same manner as matters disclosed by
the title commitment and other title documents pursuant to Paragraph 3. The cost of such survey
shall be paid by the Company. The Survey shall locate and plat existing below-ground utilities,
including gas pipelines and facilities.
8. Zoning; Permits. During the Term of this Agreement, Owner hereby authorizes the
Company, at the Company's expense and in Owner's name, if required, to apply for zoning
classifications, variances or exceptions, and governmental approvals, permits, licenses or rights
related to and required for Mining Operations and agrees to cooperate with the Company in
obtaining such approvals and to execute or join in applications, plats and other documents which
are required to obtain the same. The Company shall consult with Owner with respect to all
permit applications and mining and operating plans of the Company; provided, however, that all
final decisions on mine plans, operations, and permits shall be in the Company's discretion and
control. The Company and Owner shall discuss and negotiate in good faith to reach a
reclamation and final land-use plan for the Property to which both agree and which meets, as a
minimum, the requirements of the State Mine Land Reclamation Board. The Company reserves
the right to adjust the mining and reclamation plans to the extent necessary to mitigate the
- 2 -
r
objections of the regulatory agencies or the public that could jeopardize the ability to obtain
approvals for the entire project.
9. Damages from Operations. The Company is aware that there is a farm lease and an
oil and gas lease on the Property. In planning and conducting drilling and other investigations,
the Company will work with Owner to minimize damage to crops and the oil and gas operations
currently conducted on the Property. The Company shall pay Owner the reasonable value of any
crops then growing on the Property which are destroyed or damaged by operations conducted by
the Company on the Property under this Agreement. In addition, the Company shall be
responsible for any damages to such oil and gas operations by operations conducted by the
Company on the Property.
10. Leasing Agreement. During the Term of this Agreement, Owner and the Company
shall use best efforts to negotiate and enter into a Sand and Gravel I ease or other agreement
("Lease") that allows the Company to conduct operations to extract,process, sell and remove all
of the economically recoverable deposits of Materials from the Property ("Materials
Operations"). It is anticipated that the Lease agreement will be based upon negotiations as to at
least the following typical items:
a. The lease will be for an term of thirty (30) years, and may be extended for an
additional ten (10) years if the Company is still conducting Materials Operations at the
end of the initial 30-year term. The Owner and the Company have already negotiated this
commercial term and understand that it will be included in the Lease.
b. The Company will initially pay a Production Royalty on Materials extracted and sold
from the Property in the amount of$0.50 per ton if the Owner supplies water to satisfy
the operational and augmentation requirements of such materials Operations. The Owner
and the Company have already negotiated this commercial term and understand that it
will be included in the Lease. If the Owner does not supply sufficient water rights to
satisfy operational and augmentation requirements, including any requirements following
completion of mining operations, it is anticipated that such Lease will provide that the
foregoing royalty rate will be subject to a negotiated adjustment to account for the extra
cost to the Company of supplying such water.
c. Annual advance minimum payments which will be credited against the production
royalty payments otherwise due.
d. Provisions regarding adjustment of production royalty rates to reflect changes in the
cost of living or average price of stone products over the term of the Lease.
e. The full right of access to the Property and the grant or assignment of any easements
or rights-of-way on or to the Property necessary for the Company to conduct Materials
Operations and restoration of the Property during the Lease; provided that Lease will
provide that extraction and other operations will not occur immediately adjacent to the
two existing residences on the Property without the Owner's express consent.
- 3 -
E The right to conduct processing operations, including crushing, washing,disposing of
washed-fines material, and loading facilities and installation of a concrete or asphalt
batch plant on the Property.
g. Payment by the Owner of property taxes or taxes attributable to production royalty or
not attributable to Materials Operations on the Property and payment by the Company of
taxes attributable to improvements installed on the Property by the Company and to the
Company's Materials Operations on the Property.
h. Supply by Owner or adjustment of lease terms to account for water or water rights for
use by the Company for Materials extraction and processing and dust control and use for
temporary and permanent augmentation made necessary by Materials Operations, as
more particularly set forth in Paragraph 10.b above.
i. The right to commingle Materials from the Property with Materials from other
properties operated by the Company, provided that before any such Materials are
commingled, their volume/weight and content shall be determined to allow proper
allocation to the Property from which they were removed.
j. Compliance by the Company with all applicable laws, ordinances, regulations and
permits necessary to conduct Materials Operations on the Property.
k. Restoration of the Property after completion of Materials Operations in accordance
with the Lease and with applicable permits and authorizations, and the grant to the
Company of the right to enter the property for a reasonable time after termination of the
Lease in order to complete and monitor required reclamation.
11. Property Development. In connection with negotiation of a Lease for Materials
Operations, the Company agrees to use best efforts to investigate and negotiate with the Owner
mutually beneficial reclamation plans and other operations utilizing the Company's equipment
and expertise that will accommodate, facilitate and enhance Owner's development of the
Property and use thereof after completion of Materials Operations. Any such agreements may be
integrated as part of the Lease or may be separate at the mutual election of the parties.
12. Water Supply. Owner agrees to make available such water as may be legally
available to Owner under Owner's existing water rights for testing and evaluation operations by
the Company under this Agreement at such times and in such amounts as the Company may
reasonably require at existing wellheads or other distribution or supply points on the Property.
Both parties to this Agreement assume that Owner's existing water rights and water supply is
sufficient for the Company's anticipated testing and evaluation efforts. If the Owner's supply of
water is insufficient, any additional water needed for such evaluation shall be the sole obligation
and responsibility of the Company.
13. Exclusive Dealing. During the term of this Agreement, Owner shall not solicit,
accept or entertain offers or inquiries from any third party regarding extraction, processing or
sale of Materials from the Property. This covenant shall run with the land and shall be binding
upon the heirs, successors and assigns of Owner as to the Property or any part thereof. If Owner
-4 -
receives any unsolicited inquiries or offers as to the Property of any nature, Owner shall advise
the inquiring or offering party of this agreement and, specifically of this Paragraph and of
Paragraph 14,and shall further advise the third party that it will not accept any offer or engage in
any negotiations regarding the Property while the provisions of this Agreement are in effect.
14. Right of First Refusal. If this Agreement terminates under Paragraphs 16 and 21
without Owner and the Company entering into a Lease pursuant to Paragraph 10, and if, during
the fifteen- (15)month period after the date of termination, Owner receives an offer to purchase,
lease or otherwise transfer all or any portion of or interest in the Property or in Materials for a
price and on terms that Owner is willing to accept, then Owner shall give the Company notice of
such offer and a copy of the offer, and the Company shall have thirty (30) days after receipt of
such notice to elect to match the offer, and the Company and Owner shall thereafter close the
purchase and sale of the Property or relevant portion thereof in accordance with such offer or as
they may otherwise agree. If the Company does not exercise its preemptive right hereunder,
Owner shall thereafter be free to close the purchase and sale of the Property, subject to this
Agreement, on terms no less favorable to Owner than those submitted to the Company by
Owner, free and clear of the Company's preemptive right for a period of 90 days after the
Company failed to exercise the right. If no such sale is closed within the 90-day period, this
right of first refusal shall be revived in the Company. Notwithstanding anything in this
Paragraph, if this Agreement terminates pursuant to the provision of Paragraph 3, the Company
shall not have a right of first refusal following termination.
15.Null and Void Agreements; Exception for Affiliate. Any entry by Owner into an
agreement affecting the Property in violation of Paragraphs 13 or 14 shall be null and void ab
initio and of no force and effect. Transfer by Owner of the Property or any interest therein to a
corporation, limited liability company, partnership or other entity wherein the owner or owners
thereof are Mary K. Chikuma and/or an immediate family member of Mary K. Chikuma shall
not be a transfer subject to Paragraph 13 or 14,provided that the transferee agrees to be bound by
this Agreement, including Paragraphs 13 and 14.
16. Duties on Termination. If this Agreement terminates without entry of Owner and the
Company into a I Pace, the Company shall return the Property to the condition in which the
Company at the commencement of operations found it. Upon such termination, the Company
shall pay Owner reasonable amounts for any and all damages to crops, personal property and
improvements and to the Property resulting from the operations of the Company, or its officers,
employees, agents and contractors pursuant to the terms of this Agreement.
17. Liabilities. During the Term hereof, the Company shall be liable for any and all
injuries or death to persons and any and all damages to or destruction of property that results
from or is caused by the prosecution or omission of any work or obligation undertaken or
required by this Agreement.
18. Labor and Materials. The Company agrees to keep the Property free and clear of
liens, charges, claims or demands arising from the Company's operations hereunder and to
promptly pay for all labor performed on the Property and for all supplies, materials, and
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equipment used or placed on the Property. The Company may contest in good faith any lien;
provided that,the Company shall not allow title to the Property or any portion of it to be lost.
19.Indemnifications.
a. The Company shall defend, indemnify and hold harmless Owner from and
against any and all claims,demands,judgments,and liability,including reasonable attorneys fees
and expert fees, by or to any and all third parties resulting from the negligent acts or omissions of
the Company or its agents, representatives, officers, employees, lessees and contractors in, on or
about the Property.
b. Owner shall defend and indemnify and hold harmless the Company and the
Company's agents and employees from and against any and all claims, demands,judgments and
liability, including reasonable attorneys fees and expert fees, by or to any and all third parties in
any way related or connected to the use or operations of Owner on the Property while this
Agreement is in effect, or the presence of Owner or Owner' agents, employees, licensees or
invitees on the Property.
c. The Company shall defend, indemnify, and hold harmless Owner from any
and all liability resulting from its operations hereunder pursuant to all local, state and federal
environmental laws, ordinances, rules and regulations, including but not limited to, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
§9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. §6901 et seq.), as
any of such laws,ordinances,rules and regulations have been or are amended from time to time.
d. The foregoing indemnifications shall all survive the termination of this
Agreement. The indemnity provisions set forth in this Agreement shall apply to amounts paid in
settlement of a claim by an indemnified party only if such settlement is approved by the
indemnifying party,which approval shall not be unreasonably withheld.
20. Taxes. During the term of this Agreement, the Company shall pay all personal and
real property taxes assessed against machinery, tools, equipment, supplies, buildings,
improvements, pipelines and other property and/or fixtures placed by Company on the Property.
Owner shall pay all other real property taxes on the Property and on any improvements thereon,
including without limitation, improvements that Owner installs on the Property for Owner's own
purposes.
21. Termination. If, despite their best, good faith efforts, the parties are unable to
negotiate a satisfactory Lease for Materials Operations or Property development agreements
during the Term of this Agreement, this Agreement shall expire and, except as set forth in
Paragraphs 6, 14, 15, 16, and 19, the parties shall have no other obligation to each other. Owner
shall retain all payments received from the Company hereunder as consideration for the grant of
this Agreement and the rights of exclusive dealing of paragraphs 13 and 14.
22. No Development Covenant. There is no implied covenant or obligation of the
Company to explore, develop or mine the Property or to sell Materials. The Company may
- 6-
maintain this Agreement in effect for its term and any allowed extensions by making the
payments set forth herein.
23. Assignment. The provisions of this Agreement shall extend to and be binding upon
the heirs, personal representatives, successors, assigns and sublessees of Owner and the
Company. The Company shall have the right to subcontract with others for the performance of
exploration,development and mining work hereunder,subject to all terms of this Agreement, but
no such subcontract shall relieve the Company of its obligations to Owner hereunder.
24.Notice. Notices of default or of cancellation or termination of this Agreement and all
other notices required or permitted hereunder shall be given by registered or certified mail,
postage prepaid,addressed to the parties as follows:
If to the Company:
Mineral Reserves, Inc.
Attn: Land Manager
P.O. Box 215001
1400 W.64th Avenue
Denver,CO 80221
with a copy to:
Lafarge
Land Department
1590 W. 12i°Ave.
Denver,Colorado 80204
If to Owner:
Mrs.Mary Chikuma
3550 Weld County Road 23
Fort Lupton,CO 80621
25. Entire Agreement. This Agreement contains the entire agreement between the parties
hereto, and neither it nor any part of it may be changed,altered, modified, or limited orally or by
any agreement between the parties unless such agreement be expressed in writing, signed, and
acknowledged by the Owner and the Company, or their respective heirs, personal
representatives,successors and assigns.
- 7 -
IN WITNESS WHEREOF, this Agreement has been duly executed as of the date first
above written.
MAR K.CHIKUMA
MINERA RESERVES, IN
By:
Sc tt udahl
Vice President—General Manager
i
-8 -
EXHIBIT A
PROPERTY
The N%:of Section 13,Township 1 North,Range 67 West of the 6th P.M.,and the W%of the
NW%.of Section 18,Township 1 North, Range 66 West of the 6th P.M.,Weld County, Colorado.
_9_
1111111 IIIII X111111 III►°t1111111111111 III 11111 IIII lilt
326 2954326 05/24/2002 04:001' weld County CO
1 of 3 R 16.00 D 0.00 J.A. "Suld"Tsukamoto
MEMORANDUM OF
GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL
THIS MEMORANDUM is to evidence that certain Gravel Property Lease with Right of First Refusal dated May 1,
2002(the"Lease"),by and between the CHIKUMA FAMILY,L.L.C.,a Colorado limited liability company with its address
being 3550 Weld County Road 23,Fort Lupton,Colorado 80621 ("Lessor")and MINERAL RESERVES,INC.,a Colorado
corporation(hereinafter referred to as the"Company"),with its address at 1400 West 64th Avenue,Denver,Colorado 80221,
Attn.: Division Land Manager.
I. Real Property. The I Pace covers the real property situate in Weld County and described in Exhibit A attached
hereto and made a part of this Memorandum(hereinafter referred to as the"Property").
2. Grant. Pursuant to the terms of the Lease,Lessor hereby leases,lets and demises to the Company the Materials
as defined herein, in,on and under the Property,and the exclusive right to sample,drill,and test for, develop,mine,quarry,
extract,process,sell,use and remove them during the Term of the I race,along with the right during the Term to locate and
operate and/or sublease aggregate, asphalt and concrete plants and with associated easements as provided in the Lease.
"Materials"mean stone,sand and gravel and any overburden and valuable solid minerals other than hydrocarbon minerals such
as coal, oil, gas and associated liquid hydrocarbons that are removed incident to sand and gravel operations and which are
saleable and recoverable from the Property in the course of such operations.
3. Term. The term of the I Pace is for an initial period of thirty(30)years commencing on the 1"day of May,
2002,and ending on the 30th day of April,2032("Tern"). Provided the Company is conducting commercial mining operations
at the end of the initial Term,the Company may obtain an extension of the Term for so long after the end of the initial Term
as commercial mining operations continue on the Property.
4. Production and Advance Royalties. The Lease provides for the payment by the Company to Lessor of
production and annual advance minimum royalties for materials removed and sold. Advance minimum royalties are credited
against and offset production royalties otherwise due.
5. Operations. The Company,pursuant to the I ease, has the right to construct, maintain, and use roads, pipe
lines,power lines,telephone lines,and stockpile areas and any right-of-way it deems necessary or desirable for its operations
on the P.opc ty related to the Company's operations under the Lease, and the right to strip and remove overburden and
otherwise to use and occupy the Property as is reasonably required in connection with mining,quarrying,extracting,processing,
storage,transportation,sale and removal of Materials from the Property and from other properties on which the Company is
conducting operations. Lessor,under the Lease,authorizes Company on Lessor's behalf to apply for and obtain zoning or other
governmental land use classifications,permits,approvals, licenses,and rights that are reasonably required in connection with
the operations that are contemplated under the Lease.
6. Right of First Refusal. During the Term of the Lease,the Company has the right to elect to match any offer
to purchase all or any portion of the Property or any interest therein that Lessor receives and is willing to accept. The Company
shall have thirty(30)days after receipt of notice of such offer to elect to match the offer, and Company and Lessor shall
thereafter close the purchase and sale of the Property or relevant portion thereof in accordance with such offer or as they may
otherwise agree.
7. End of Term. Under the Lease,the Company has(a)the right for one year from the date of the expiration or
termination of the Lease to dismantle and remove machinery, equipment, improvements, and other facilities installed or
constructed on the Property by the Company and to sell and remove Materials then stockpiled on the Property,and(b)the right
for two years to access and enter the Property and effect on the Property such restoration,rehabilitation and reclamation as may
be required to discharge the responsibilities which the Company has assumed pursuant to its permits and the I race and to
procure the release of any bond or other financial assurance provided by the Company.
1111111111111111111 I I I11111111111111?"!I 11101E III I
2964326 05/24/2002 04:OOP Weld County CO
2 of 3 l[ 16.00 I) 0.00 J.A. "Sold"Taukamoto
7. Additional Information. This Memorandum is executed solely for providing notice of the existence of the Lease.
Additional information regarding the Lease, the terms of which shall control the relationship of the parties hereto, may be
obtained by contacting the parties at the addresses stated above.
IN WITNESS WHEREOF,this Memorandum of Gravel Property Lease with Right of First Refusal has been duly
executed to be effective as of the 1st day of May,2002.
LESSOR: THE COMPANY:
CHIKUMA FAMILY,L.L.C., MINERAL RESERVES,INC.,
a Colorado limited liability company a Colorado[ corporation
am •
•By: fa., ZJ Cic+, -.C.,c.n..,.� By: A•fx2P 72
Mary K hikuma,Manager DIM/ie, a-? AA/
O'✓'4.4o' ,e4 .44.i itle)
STATE OF COLORADO )
ay N COUNTY OF /0
The foregoeing instrument was acknowledged before me this ddaayof 2OO. by Mary K. Chikuma as
•---Manager of the Chikuma Family,L.L.C.,a Colorado limited liability company.
Witness my hand and official seal. _ NN"\\
BITy �`
My commission expires: MyComirission Expires 12/162000 —\�••""'•� 1�
?"--6-66
i •J2�' A.4..•; trr,,
[SEAL] a �� t p i
I I. . O
Notary Public /firit A \• U,:�O,WO;
.F • o
STATE OF COLORADO )) r�grFapGOvr
ss.
at tic/COUNTY OFjltilti -e-.V `
The foregoing instrument was acknowledged before me this.5gy of n. 200c by �UU( i)C
'0/_,as b,tiaSio n of Mineral Reserves,Inc.,a Colorado corporati
((JJ ictnd /Nttnk �,.-
Witness my hand and tMcial seal.
M7 Corcmissbn Ernes 12/18/2003 ";My commission expires: JO�jH SIP;`t�
r
[SEAL] /G i&ft 'fir/ f •.e• p1A/I • If
J • *• /
Notary Public i • • •
1
Olt--
,..---.
/i��J9jF Ug4�OPQ�l
OF COQ, --
I 11110111111111111III111110111111111.a111111111VIII
2954326 05/2412002 04:00P Weld County CO
3 0l 3 R 15.00 D 0.00 J.A. "Suki"Tsukamoto
EXHIBIT A
PROPERTY
The N%s of Section 13,Township I North,Range 67 West of the 6th
P.M., and the W%: of the NW''A of Section 18, Township 1 North,
Range 66 West of the 6th P.M.,Weld County,Colorado.
MEMORANDUM 0FOUKUMA rhASE.00C
l
( v
ct,?-.
-Recto :
Vicki L. Jaynes, Paralegal
Baker& Hostetler, LLP
303 E. 17th Ave., Ste. 1100
Denver, CO 80203
AMENDMENT TO GRAVEL PROPERTY LEASE
WITH OPTION TO PURCHASE SURFACE
This AMENDMENT TO GRAVEL PROPERTY LEASE WITH OPTION TO
PURCHASE SURFACE ("Amendment") is made this _ day of May, 2005 by Donald L.
Rittenhouse and Suzanne Rittenhouse, 205 N. Patit Road, Dayton, Washington 99328,
("Lessors") and Lafarge West, Inc. 10170 Church Ranch Way, Suite 200, Westminster, Colorado
80021 ("Lessee").
RECITALS
A. Donald L. Rittenhouse and Suzanne Rittenhouse, as lessors, and Mobile Premix
Concrete, Inc., as lessee, executed a Gravel Property Lease with Option to Purchase dated
August 7, 2000 ("Original Lease"). All capitalized terms used in this Amendment and
not defined herein shall have the meanings ascribed to such terms in the Original Lease,
(together with this Amendment, the"Lease").
B. Lafarge West, Inc. is the successor-in-interest to Mobile Premix Concrete, Inc. in the
Original Lease.
C. Lessors and Lessee wish to amend the Original Lease to increase the size of the
Operational Plant Site and eliminate Lessee's option to purchase the surface estate.
AGREEMENT
In consideration of the promises and agreements made in this Amendment, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Lessors and Lessee agree as follows:
1. Expansion of Operational Plant Site. The definition of "Operational Plant Site" in
Paragraph 1.D on page 2 of the Original Lease shall be amended by replacing the phrase "up to
25 acres in area" with the phrase "up to 37 acres in area."
2. Deletion of Option to Purchase Surface Estate. Paragraph 17 on pages 12 and 13 of
the Original Lease shall be deleted in its entirety and replaced with the following:
17. Order of Operations. In the mining of the property the parties understand
and contemplate that the last portion of the Property to be mined would be in
the south along Weld County Road 6.
In addition, the reference to Paragraph 17 in Paragraph 14.C on page 11 of the Original
Lease shall be deleted.
3. Permit Amendment. Lessor consents to and authorizes Lessee to prosecute in
Lessor's name and with Lessor's consent the present application for an amendment to
Reclamation Permit M-2000-016 filed with Weld County on or about May 10, 2005, provided
Lessee does not request any changes having a material adverse effect on Lessor or Lessor's
property. Lessee is expressly authorized to make or consent to changes in the application for
such amendment that are required or reasonably requested by county authorities, provided such
changes are not in violation of or do not contravene other express provisions of the Lease and do
not have a material adverse effect on Lessor or Lessor's property.
4. Effect. Except as specifically amended by Section 1 of this Amendment, the Original
Lease shall not be amended or modified and shall continue in full force and effect. In the event
of any conflict or inconsistency between the terms and provisions of this Amendment and the
terms and provisions of the Original Lease, the terms and provisions of this Amendment shall
control.
5. Counterparts; Facsimiles. This Amendment may be executed in one or more
counterparts, each of which taken together shall constitute one original document. A counterpart
of this Amendment transmitted by facsimile shall, if it is executed, be deemed in all respects to
be an original document. Receipt of a signed copy by facsimile shall constitute notice of
acceptance of the terms of this Amendment by the party who signed the facsimile copy.
IN WITNESS WHEREOF, Lessors and Lessee have executed this Amendment to be
effective as of the date first set forth above.
LESSORS: LESSEE:
Lafarge West, Inc.
Donald L. Rittenhouse - ,
i
Title: /j-z., /tic., ;.Ni . /41<t,"_
-S e, .w CZCV ' (It.'1
Suzart a Rittenhouse
2
ACKNOWLEDGMENTS
STATE OF COLORADO
) ss.
COUNTY OF \•,VV'1C g )
The foregoing instrument was acknowledged before me on May 9_4 , 2005 by Donald L.
Rittenhouse and Suzanne Rittenhouse, husband and wife.
Witness my hand and official seal. • ........
CMy commission expires: �L � e . build _ •
i • , . •
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF ,)1 ;1 ' i )The foregoing instrument wa acknowledged before me on May k I , 2005 by
.U, Qe ent nn, as` t ' I d of Lafarge West, Inc., a Delaware ..............
,,
corporation. ( V\9 n. (j �1�, ""nptlHO
s
)
Witness my hand and official seal. y Y • 6,
•
_Y, d c
My commission expires: iu1\� \ LL j• �� s •
Notary Public Atre
3
JUN. 23. 2005 11 :34AM LAFARGE' NO. 7439 P. 1
L FARG E
NORTH AMERICA
AGGREGATES, CONCRETE
& ASPHALT
2 FAX TRANSMISSION
Date: jfift& -/h l 7..05
To: SQJutlll/ Unr�I
Company: uuU
Fax Number. 3 No.of pages(including cover sheet):g�
�(ala5 (0169
From: 00h •
Subject: ^•
^ ,w
t
at I
\ ' one, \ -R Vat a uSta S
\iP3 tot-V n oc ca
t\iv o, \c *Act
o.�t, any addie,ss
\ 0,iQJ) \fteA ek cm kAw , Ck\T
LAFARGE WEST INC. —Aggregates, Concrete, and Asphalt _ -'` 1 _
10170 Church Ranch Way,S ' , "` orado 80021
` WWW�" "`1`f--i . 111104— `{J[-])
Telephone:(303)657-4000 acsImile: (303)857-4037 ---„
JUN. 23. 2005 11 :34AM LAFARGE NO. 7439 P. 2
AMEND1kWNT TO GRAVEL PROPERTY LEASE
WITII OPTION TO PURCHASE SURFACE
This AMENDMENT TO GRAVEL PROPERTY LEASE WITH OPTION TO
PURCHASE SURFACE ("Amendment") is made this %day of May, 2005 by Donald L.
Rittenhouse and Suzanne Rittenhouse, 205 N. Petit Road, Dayton, Washington 99328,
("Lessors")and Lafarge West,Inc. 10170 Church Ranch Way, Suite 200, Westminster,Colorado
80021 ("Lessee").
RECITALS
A. Donald L. Rittenhouse and Suzanne Rittenhouse, as lessors, and Mobile Premix
Concrete,Inc.,as lessee, executed a Gravel Property Lease with Option to Purchase dated
August 7, 2000 ("Original Lease'). All capitalized terms used in this Amendment and
not defined herein shall have the meanings ascribed to such terms in the Original Lease-
(together with this Amendment,the"Lease").
B. Lafarge West, Inc. is the successor-in-interest to Mobile Premix Concrete, Inc. in the
Original Lease.
C. Lessors and Lessee wish to amend the Original Lease to increase the size of the
Operational Plant Site and eliminate Lessee's option to purchase the surface estate.
AGREEMENT
In consideration of the promises and agreements made in this Amendment, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Lessors and Lessee agree as follows:
1. Expansion of Operational Plant Site. The definition of"Operational Plant Site" in
Paragraph ID on page 2 of the Original Lease shall be amended by replacing the phrase "up to
25 acres in area"with the phrase"up to 37 acres in area."
2. Deletion of Option to Purchase Surface Estate. Paragraph 17 on pages 12 and 13 of
the Original I Pace shall be deleted in its entirety and replaced with the following:
17. Order of Operations. In the mining of the property the parties understand
and contemplate that the last portion of the Property to be mined would be in
the south_along Weld County Rnad.6. ..
In addition, the reference to Paragraph 17 in Paragraph 14.C on page 11 of the Original
Inv.shall be deleted.
3. Permit Amendment. Ircaor consents to and authorizes Lessee to prosecute in
Lessor's name and with Lessor's consent the present application for an amendment to
Reclamation Permit M-2000-016 filed with Weld County on or about May 10, 2005, provided
Joo916A76_7 nor
JUN. 23. 2005 11 :34AM LAFARGE NO. 7439 P. 3
Lessee does not request any changes having a material adverse effect on Lessor or Lessor's
property. Lessee is expressly authorized to make or consent to changes in the application for
such amendment that are required or reasonably requested by county authorities, provided such
changes are not in violation of or do not contravene other express provisions of the Lease and do
not have a material adverse effect on Lessor or Lessor's property.
4. Effect. Except as specifically amended by Section 1 of this Amendment,the Original
Lease shall not be amended or modified and shall continue in frill force and effect. In the event
of any conflict or inconsistency between the terms and provisions of this Amendment and the
terms and provisions of the Original Lease, the terms and provisions of this Amendment shall
control.
5. Counterparts; Facsimiles. This Amendment may be executed in one or more
counterparts, each of which taken together shall constitute one original document A counterpart
of this Amendment transmitted by facsimile shall, if it is executed„be deemed in all respects to
be an original document. Receipt of a signed copy by facsimile shall constitute notice of
acceptance of the terms of this Amendment by the party who signed the facsimile copy.
IN WITNESS WHEREOF, Lessors and Lessee have executed this Amendment to be
effective as of the date first set forth above.
LESSORS: LESSEE:
Lafarge West,Inc.
fir
Donald L.Rittenho
&—.?-4 fockt'n-EIrtt—
"�
Title: Arcc.; A/o.,7ar j%rA4•., Cl/ -
Suz Rittenhouse
, I
2
JUN. 23. 2005 11 :35AM LAFARGE, NO. 7439 P. 4
iIl
ACKNOWLEDGMENTS
STATE OF COLORADO )
)ss.
COUNTY OF LAULYCL
The foregoing instrument was acknowledged before me on May It,2005 by Donald L.
Rittenhouse and Suzanne Rittenhouse,husband and wife.
......
Witness my hand and official seal_
My commission expires: . 19.k\\ R, ( f =r
Notary Public
STATE OF COLORADO ) +.,,n.
ss.
COUNTY OF_\d eAc V) )
The forego' instrument w acknowledged before me on May1 , 2005 by
, nn l k erne. as acknowledged
Lafarge West,Inc.,a Delaware
corporation. j` ("cg ""Durao'
Witness my hand and official seal. fr`'�� ��c`
My commission expires: .\i ` `1 ).Ltri
;- ^
Notary Public .... !
r
3
JUN. 23. 200511 :35AM LAFARGE - N0. 7439 P. 5
DONALD L. RITPENHOUSE AND SUZANNE RITI'ENHOUSE
GRAVEL PROPERTY LEASE WIT!!OPTION TO PURCHASE SIFRFACE.
:040, ‘, azezh
2' ioc
THIS INDENTURE, dated this 7 ' day of 45 )998-(hereinafter referred
to as the "Lease"), b Ix eentD n�ld ' _ " aaae Rittenhouse, with their
address being Qr, �' ereinafter referred to as 4/
"Lessor" inclusively) and Mobile Premix Concrete, Inc., a Colorado corporation (hereinafter 51/1- FFf7(at
referred to as the "Company"), with its address at 1400 West 64th Avenue, Denver, Colorado
80221.
WITNESSETH
In consideration of the sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) paid
by the Company to Lessor (which includes $5,000 paid for the Option to Lease Gravel
Property ("Option")under which this Lease is taken), the receipt of which is hereby
acknowledged by Lessor, which sum shall satisfy the advance minimum royalty requirement
identified in Paragraph 4 with respect to the period from the commencement date hereof to the
end of the first year of the term of this Lease, and on and subject to the terms and conditions
provided in this Lease, Lessor hereby leases, lets and demises to the Company the Materials as
defined herein, in, on and under the real property situate in Weld County and described in
Exhibit A attached hereto and made a part of this Lease (hereinafter referred to as the
"Property"), and the exclusive right to sample, drill, and test for, develop, mine, quarry,
extract, process, sell, use and remove them during the Term of this Lease, along with the right
to locate and operate with associated uses an"Operational Plant Site," as defined herein.
TOGE WITH the right to use and exercise the water and water rights appurtenant
to the Property that belong to Lessor ("Water Rights") to the extent appropriate for the
operation of the Operational Plant Site and for the extraction, removal and processing of the
Materials, as well as for=vegetation and reclamation, including exposure of alluvial waters to
evaporation.
•
LESSOR RESERVES the right to use and lease the surface of the Property for
agricultural, hunting and fishing and horseback riding purposes and as provided in Paragraph
18 and for other existing residences and accessory structures only, provided that such uses
shall cease during the times and for the portions of the Property where the Company is
conducting active mining or reclamation activities and where the Operational Plant Site is
located, and provided that Lessor as part of such use shall pay for, install and maintain at its
sole cost any and all fencing the parties mutually agree is necessary to protect the Company's
operations from interference from such uses of Lessor. Lessor shall not interfere with the
Company's operations under this Lease in connection with such uses, and Lessor releases
Orr-grave1.98 1
JUN. 23. 2005 11 :35AM LAFARGE' NO. 7439 P. 6
•
Company from any liability for damages or loss to Lessor in connection with Lessors' use of
the Property for such purposes.
1. Definitions.
A. Commercially Economic Materials shall mean all Materials that are
removed from the Property, and all Materials that can be sold at a profit.
B. Lease Year shall mean a period of one year beginning on the date or the
anniversary date on which the Lease is executed.
C. Materials shall mean stone, sand and gravel and any overburden and
valuable solid minerals, but excluding all hydrocarbon minerals including but not
limited to coal, oil, gas and associated liquid hydrocarbons, that are removed incident
to sand and gravel operations hereunder and which are saleable and recoverable from
the Property in the course of such operations.
D. Operational Plant Site shall mean a portion of the Property to be
determined by the parties as provided in Paragraph 5 that is up to 25 acres in area upon
which may be located a concrete batch plant and/or asphalt batch plant and/or sand,
gravel, concrete and asphalt crushing, screening and washing facilities.
E. Residential Area shall mean the existing house and a one acre area upon
and around the existing]louse referred to in the Option to Lease Gravel Property
between the parties dated g,/998, (`Option") ,and which has been identified by< K
the parties and excluded from the Property covered by this Inge- }%
2. Term. Tb,;Term of this Lease shall be an initial period of twenty,(20) yearse�,,�/
commencing on the t3 day of ��- , 199g and ending on the day of 7V
AT� 20/9("Initial Term".Th Ctompany shall have the option to extend the Initial
for two additional periods of eight(8)years each("Successive Terms")by giving to
Lessor notice of such extensions at least sixty (60) days before the beginning of each additional
successive period; provided, however, this Lease and the Property covered by this Lease
during each Successive Term shall be limited to the Operational Plant Site and a 50 foot wide
easement for the purposes of installing, maintaining and operating conveyors to service mining
on other properties_
3. Production Royalties.
A. For all Materials mined, quarried, extracted and sold or removed from
the Property during each calendar month, the Company shall pay to Lessor a royalty at
Orr-gravd.98 2
JUN. 23. 2005 11 :35AM LAFARGE NO. 7439 P. 7
the rate of thirty-five (35) cents per ton of 2,000 pounds within twenty (20) days after
the close of such calendar month, which royalty rate shall be increased annually on the
first day of the month following the anniversary of the date this J ease becomes
effective at the rate of three and one-half percent(3.5%) per annum. The royalty
payments shall be accompanied by a monthly statement with the royalty calculation that
includes an accounting of the tons of Materials mined from the Property for the month,
the tons of such Materials removal from the Property for the month and the tons of
such Materials sold for the month.
B. The Company shall keep and maintain adequate and accurate records of
the quantities and prices sold for Materials mined, removed and sold. Lessor shall have
the right at all reasonable times during business hours to examine such records of the
Company at the offices of the Company or at the Operational Plant Site and to verify
the quantifies of Materials mined, removed and sold and the accuracy of the scales used
to weigh Materials.
4. Minimum Royalties. Advance minimum royalty shall be paid at the rate of
FIFTEEN THOUSAND DOLLARS ($15,000.00) for each of the fast through fifth Lease
Years. In this regard, the Company has paid Lessor the sum of FIFTEEN THOUSAND
DOLLARS ($15,000.00) as above receipted for, for the first Lease Year, and the Company
shall pay a like amount(less credit for any $3,000 payment to extend the Option)prior to the
beginning of each Lease Year thereafter through the fifth Lease Year. Commencing in the
sixth Lease Year and continuing through the tenth Lease Year, the advance minimum royalty
shall be FORTY-FIVE THOUSAND DOLLARS ($45,000.00)per Lease Year, and thereafter
the advance minimum royalty shall be increased$30,000.00 for each subsequent five-year
period so that in Lease Years eleven (11) through fifteen(15), it shall be $75,000.00, and in
Lease Years sixteen(16) through twenty (20), it shall be $105,000.00, all such payments to be
advance minimum royalty. Amounts paid as advance minimum royalty shall be credited
against and applied to reduce amounts otherwise payable as production royalty pursuant to
Paragraph 3. Production royalties paid pursuant to Paragraph 3, after taking into account
advance minimum royalties paid pursuant to this Paragraph, shall be applied in succeeding
years to reduce amounts subsequently payable as advance minimum royalty.
Notwithstanding the foregoing, if the Company mines Materials from other properties
which the Company processes at the Operational Plant Site, then, in order for the Company to
maintain this Lease in effect for mining purposes during the Initial Term, the advance
minimum royalty shall be increased to $175,000 ('enhanced advance minimum royalty") per
Lease Yeal for so lotijas necessary to cause the total payments to Lessor to equal two million
dollars ($2,000,000) from all prior advance royalty, production royalty and such enhanced
advance minimum royalty. Such enhanced advance minimum royalties paid, if any, shall
offset amounts of advance minimum royalties and production royalties to be paid subsequently.
Except as otherwise specifically provided herein, Lessor shall not be required to return to
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JUL 23. 2005 11:36AM LAFARGE NO. 7439 P. 8
Lessee any advance minimum royalty payment or enhanced advance minimum royalty
payment. Nor shall the payment by the Company of either advance minimum royalties or
enhanced advance minimum ro alties suspend the obligation of the Company hereunder to
fully mine the Property for Cornm►ercially Economic Materials during the Initial Term.
5. Operational Plant Site.
A. The Company shall have the right to prematurely terminate the Initial
Term for mining prior to the expiration of twenty (20)years and with such termination
shall have the right to continue this Lease only with respect to the Operational Plant
Site for an additional Successive Term or Terms as described in Paragraph 2, provided
that, and only if the Company at the time of such early termination of the Initial Term
has first mined all the Commercially Economic Material from all areas of the Property
other than the Operational Plant Site. During any Successive Term or Terms after
mining ceases either within the twenty (20) years that would have constituted the Initial
Term or thereafter, the advance minimum royalties in Paragraph 4 shall be replaced by
an anrn+al rent and advance minimum royalties as follows:
If the Company uses the Operational Plant Site during the Successive Term or
Terms to process, batch, transport or convey Materials from off site and/or
from lands adjoining or surrounding the Property, the Company shall pay rent
of$7,500.00 per Lease Year increased annually each Lease Year, at the rate of
3.5% per annum', If the Operational Plant Site has not been mined, the
Company shall pay in addition to the rent each Lease Year, an advance
minimum royalty in an amount equal to 108,000 tons of Materials multiplied by
the production royalty rate applicable for the particular Lease Year as set forth
in Paragraph 3. No advance minimum royalty shall be payable for the
Operational Plant Site after advance minimum royalty has been paid for a total
of 864,000 tons of Materials or if the Operational Plant Site was fully mined
during the Initial Term, although the $7,500 annual rent plus increases shall be
paid. Advance minimum royalties paid for the Operational Plant Site shall be
offset on a tonnage basis against production royalties in the event and at the time
the Company mines the Materials from the Operational Plant Site (e.g., the
payment of advance royalty on 108,000 tons of Materials shall negate the duty
to pay production royalties on the same tonnage when mined). Lessor shall
retain any and all such advance minimum royalties paid whether or not or to
what extent the Company actually mines the Operational Plant Site; provided,
however, the Company shall pay production royalties as provided for in
Paragraph 3 for tons of Materials actually mined in excess of the tonnage for
which it has paid the advance minimum royalties hereunder.
Orr-gravet.98 4
JUN. 23. 2005 11 :36AM LAFARGE' NO. 7439 P. 9
B. The I ' nal Plant Site and any arms easements and the location and
alignment or r ,tlgpnnen of the conveyor shall be agreed upon by the Lessor, which
agreement shall not be easonably withheld. The access casement and conveyor
easement shall be 50 feet,in width in the original Property area. The Company shall
also construct and maintain a crossing either over or under the conveyor to allow for a
vehicle of 10 feet in width and 9 feet in height to pass over or under the conveyor.
C. The Company shall have eighteen(18) months after it removes all
improvements from the Operational Plant Site to remove and mine the Materials under
the Operational Plant Site, for which it shall pay the production royalties described in
Paragraph 3 subject to offset for advance minimum royalties paid pursuant to Paragraph
4 or Paragraph 5.A.
D. At any timer that the Property is being used solely for an Operational
Plant Site, Lessor shall have the right to reenter, occupy and use those areas of the
Property to the extent that the permit and related financial assurance have been released
by the State Division of Mines and Geology and to the extent that such use does not
interfere with the Company's operations.
6. Water. The Company shall have the right to use any and all Water Rights
associated with the Property to�tte extent such use is necessary in its operations. The use by
the Company of the Water Ri'gh$$s shall be in compliance with all applicable laws, rules and
regulations and other conditions governing the use of the Water Rights and related to the
Company's operations on the Property, including without limitation, all mining and post
mining requirements for augmentation related to pits and reclaimed areas. The Company is
wholly responsible for and shall obtain all water rights in addition to the Lessors' Water Rights
that arc necessary for its operations, including its mining and processing operations and to
comply with all post mining and reclamation requirements, and shall obtain any agreements,
decrees or permits for change of use or augmentation as may be required, all at the Company's
sole cost and expense.
7. Operations. •
A. Except as provided in Paragraph 5 with respect to the Operational Plant
Site and except for the Residential Area, Lessee has the duty and obligation to fully
mine the Property for all Commercially Economic Materials during the Initial Term.
B. The Coariany shall conduct its operations on the Property in a prudent
and workmanlike manner and in accordance with good and accepted mining and
business practices and it}compliance with all applicable federal, state and local laws,
rules and regulations. The Company shall plan its operations so as to remove all
Commercially Economic Materials from the Property and so as to avoid undue waste or
Orr-graveL98 5
JUN. 23. 2005 11 :37AM LAFARGE NO. 7439 P. 10
loss of Materials. Subject to its obligation to hilly mine all Commercially Economic
Materials from the Property during the Initial Term set forth in Paragraph 7.A, and the
time limit to mine the Operational Plant Site after removal of improvements as set forth
in Paragraph 5, the timing, nature, manner and extent of mining operations, processing
and sales shall be within the sole discretion of the Company, and the Company shall not
• be required to mine, preserve or protect in its operations any Materials which, under
good mining practices, cannot be mined or sold at a reasonable profit to the Company
at the time they are extracted.
C. The Company shall have the right to install, construct, operate, maintain,
dismantle, and remove plants, machinery, equipment, improvements, and other
facilities including, but not limited to, roads, rail lines, pipe lines, power lines,
telephone lines, water courses, wells, dams, ponds, and stockpiled areas and any right-
of-way it deems necessary or desirable for its operations on the Property related to the
Company's operations under this Lease. The Company shall have the right during the
Initial Term of this Len' and without payment to Lessor (except for production
royalties payable pursuant to Paragraph 3), to strip and remove overburden and
otherwise to use and occupy the Property in conjunction with other properties, as is
reasonably required in connection with mining, quarrying, extracting, processing,
storage, sale and removal of Materials from the Property and from other properties
owned or leased by the Company.
I). The Company shall consult with Lessor with respect to all permit
applications, plans and designs of the Company, and the Company shall make
reasonable efforts to take Lessors' requests into account; provided, however, that all
final decisions on mine plans, operations, reclamation, permits and other plans of
operations shall be in the Company's sole discretion and control.
E. Lessor authorizes the Company on its behalf and agrees to cooperate
with the Company, at the Company's sole expense, to apply for and obtain zoning or
other governmental land use classifications, Permits, approvals, licenses, and rights
(hereinafter'authority')'that are reasonably required in connection with the operations
that are contemplated under this Lease; provided, however, the Company shall obtain
in its name any permit from the State Division of Minerals and Geology and any special
use permit from a local jurisdiction and provide bonds or other financial assurance for
its operations, including for the restoration, reclamation or rehabilitation of the
Property, as may be required or advisable.
F.• If Les-tors' actions praolutre t6.e Company from being able to perform
mining or processing operations pursuant to this Lease, the Company, at its election,
may terminate this Lease by giving ninety (90) days prior written notice to Lessor
without any further obligation to Lessor. Lessor, in its sole discretion, may remedy
such action within thirty (30) days, in which case this Lease shall not terminate. The
Orr-gravd.98 6
JUN. 23. 2005 11 :37AM LAFARGE NO, 7439 P. 11
Company, as part of termination, shall have the right at its option to have Lessor
return any advance mi i royalties not offset by production royalties, except for
those payments which th Company paid to Lessor for the Option.
G. The Company shall comply with all applicable laws and regulations with
respect to labor and employment for its officers and employees, including, but not
limited to, laws and regulations relating to wages and hours and the withholding of
taxes for payroll and contributions.
8. Waiver of Lateral Support. Lessor hereby waives the lateral support for mining
purposes for the lands located between the Property's boundary lines and the boundary lines
for those adjacent properties that arc owned or leased by the Company. Upon the completion
of mining or the termination or expiration of this Lease, whichever occurs first, the Company
shall reconstruct the lateral support on the lessors' property line such that the support will
have a minimum top width on Lessors' property of 35 feet.
9. J.iabilities.
A. The Company shall defend, indemnify and hold harmless Lessor and
Lessors' agents and employees from and against any and all claims, demands,
judgments, and liability,'including reasonable attorneys fees and expert fees, by or to
any and all third parties in any way related or connected to the operations or activities
of the Company or its agents, representatives, officers, employees, lessees and
contractors in, on or about the Property or otherwise pursuant to this Lease, including
but not limited to, any of the negligent acts or omissions of the Company or its agents,
representatives, officers, employees, lessees or contractors, or their operations or
activities, or the prosecution of or omission of any work or obligation under this Lease.
B. Lessor shall defend and indemnify and hold harmless the Company and
the Company's agents and employees from and against any and all claims, demands,
judgments and liability; including reasonable attorneys fees and expert fees, by or to
any and all third parties in any way related or connected to the use or operations of
Lessor on the Property while this Lease is in effect, or the presence of Lessor or
Lessors' agents, employees, licensees or invitees on the Property.
C. The Company shall defend, indemnify, and bold harmless Lessor from
any and all liafiilitp in any way related or connected to its operations heieunder
pursuant to all local, state and federal environmental laws, ordinances, rules and
regulations, including but not limited to, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. §9601 et seq.) and the Resource
Orr-gravet.98 7
JUN. 23. 2005 11 :37AM LAFARGE NO. 7439 P. 12
Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), as any of such laws,
ordinances, rules and regulations have been or are amended from time to time.
D. The foregoing indemnifications shall all survive the termination of this
Lease. The indemnity provisions set forth in this Lease shall apply to amounts paid in
settlement of a claim by'an indemnified party only if such settlement is approved by the
Indemnifying party, which approval shall not be unreasonably withheld.
10. Insurance.
A. The Com any shall maintain at its sole expense and at all times stawtory
Worker's Compensation and Occupational Disease Disability Insurance coverage as
required under the laws and regulations of the State of Colorado for all its officers and
employees who perform work for the Company hereunder.
B. The Company shall purchase, at its sole expense, and shall maintain at all times
the following minimum insurance protection:
1. Comprehensive General Liability and Property Damage Insurance in the amount
of$1,000,000 combined single limit;
2. Employer's Liability Insurance in the amount of$100,000 each occurrence;
3. Automobile Liability Insurance in the amount of$1,000,000 combined single
limit; and
4. Adequate and reasonable insurance for other risks ordinarily insured against in
similar operations.
5. All policies shall provide thirty (30) days written notice to Lessor of
cancellation or ally material changes.
•
C. The Company agrees that it shall require all independent contractors,
contractors and subcontractors who perform work in connection with the Property to
have similar and adequate insurance in full force and effect.
A. Lessor warrants that they own the surface estate and the Materials for the
Property, and Lessor agrees to defend said title against adverse claims to such title
made by, through or under lessor, but not otherwise.
Orr-gravcl.98 8
I!
JUN. 23. 2005 11 :38AM LAFARGE, NO. 7439 P. 13
B. The Company has accepted Lessors' marketable title, to the best of its
knowledge, at the exercise of this Lease. If subsequent thereto the Company
determines that Lessors'title to the Property and Materials are not good and
marketable, the Company shall so notify Lessor in writing, in which case Lessor may,
in Lessors' sole discretion and at their cost, correct the specified title defects. If any
title defects which render the title unmarketable or adversely affect the Company's right
to mine arc not cured within sixty (60)days after receipt of such notice, the Company,
at its option, may terminate this Lease without any further obligation to Lessors. The
Company shall, as part of such termination, have the right at its option to have any and
all prepaid royalties not offset by production royalties refunded to the Company.
Lessors' liability and/or Lessors' costs together shall not exceed and shall be limited to
the amount of prepaid royalties not offset by production.
C. Without regard to any warranties of title given to the Company by
Lessor, if Lessor owns less than one hundred percent (100%) of the Materials under all
or any portion of the Property, then the amounts payable to Lessor hereunder as
advance minimum royalty payments and production royalties shall be reduced in the
proportion that the interest of the Lessor in the Materials bears to one hundred percent
(100%) of the Materials Under the Property.
12. Taxes. During the term of this Lease, the Company shall pay when due all
general, ad valorem and property taxes assessed against the Property and on production,
severance or extraction of Materials therefrom in excess of$1,000 per year. Lessor shall pay
up to a total of$1,000 of the annual ad valorem tax and/or property tax assessment, and the
Company shall pay all taxes in excess of$1,000. In addition, the Company shall pay all
personal and real property taxes against machinery, tools, equipment, supplies, buildings,
improvements, pipelines, stockpiles of Materials, and other property and/or fixtures placed by
the Company on the Property. Lessor shall pay all taxes on improvements that Lessor installs
on the Property for Lessors' own purposes.
13. Labor and Materials. The Company shall defend, indejnnify and hold harmless
Lessor from and against any and all claims, charges, demands, causes-of action, damages and
liability, including reasonable attorneys fees and expert fees, that arise from or are connected
to the acts or omissions of the Company hereunder or to those of its contractors,
subcontractors, employees, officers, agents or lessees in regard to providing labor and
acquiring or installing materials, equipment and supplies for operations under this Lease. The
Company further agrees to keep the Property free and clear of liens, charges, claims or
demands arising from the Company's operations hereunder and to promptly pay for all labor
performed on the Property and for all supplies, materials, and equipment used or placed on the
Property. The Company may contest in good faith any lien; provided that, the Company shall
not allow title to the Property or any portion of it to be lost. The Company shall promptly
Orr-gravel.98 9
JUN. 21 LAFARGE NO. 7439 P. 14
notify Lessor in writing in regard to any lien, affidavit or other claim which may be made or
attached against the Property as the result of the Company's operations hereunder.
14. Termination.
A. Lessor shall have the right at Lessors' option to terminate this Lease if
the Company fails to perform any of its obligations hereunder as follows:
1. If the Company fails to pay when due any amounts to be paid
hereunder, Lessor may at its option give the Company written notice of such
failure and the Company shall have ten(10) days from the date it receives notice
to pay the amounts owed to Lessor. All past due payments shall bear interest at
the rate of one and one-half percent(1.5%)per month. If the Company fails to
pay the past due amounts to Lessor within the ten(10) day period, Lessor may
at its option declare the Company in default and terminate this Lease.
2. If the Company defaults in performance of any obligation hereunder
other than the obligation to pay money when due, Lessor may at its option give
written notice of such default to the Company, and the Company shall have
thirty (30) days from the date it receives such notice to cure the default. If the
Company fails to cure the default within the thirty (30) day period, Lessor may
at its option terminate this Lease; provided, however, that if the default is minor
and the default can be fully compensated for in damages, then such default shall
not be a basis fort cancellation or forefciture of this Lease or any of Company's
rights hereunder if the Company pays the full amount of damages within thirty
(30)days after d mand by Lessor. If, through no fault of the Company, such
failure is impracticable to correct within the 30-day period, Lessor shall have no
right to terminate this Lease if the Company commences in good faith to correct
the failure and provided that the Company diligently pursues and completes the
correction within a reasonable time.
A default shall occur in the event and at any time that the Company becomes
insolvent or the subject of bankruptcy proceedings or assigns any of its assets
for the benefit of creditors.
B. The Company shall have the right, at its option, to terminate this Lease
at the end of any Lease Year during the Initial Term or any Successive Term by giving
at least.sixty.(60)days prior written notice to Lessor. Lessor shall not be entitled to
receive additional compensation after the date of termination, other than any and all
royalties due; provided that, if the Company terminates this Lease prior to the end of
the Initial Term, the Company shall pay Lessor the difference remaining, if any,
between$150,000, and the total amount of all option, advance minimum royalty and
Orr-grave1.98 10
JUN. 23. 2005 11 :38AM LAFARGE Na 7439 P. 15
production royalty payments paid to Lessor such that the minimum payment to I egsor
under this Lease shall total $150,000.
C. Except as provided in Paragraphs 8, 9, 13, 16 and 17, and in permits or
approvals issued by governmental entities, and pursuant to all federal, state and local
laws, rules and regulations, and except any right or obligation which accrued prior to
the effective date of termination, the rights and obligations of the parties shall cease
upon,termination of this Lease by either party.
I). Upon termination of this Lease for any reason, the Company shall
continue to be liable for the performance of all obligations and the satisfaction of all
liabilities to Lessor including, but not limited to, the payment of royalties which have
accrued prior to the date of termination and the compliance with all laws, regulations,
and permit conditions that apply to the Property and the operations on the Property,
including, but not limited to all reclamation, environmental and land use laws,
regulations and permit conditions.
E. Upon termination of this Lease with respect to all or any part of the
Property, the Company agrees to furnish Lessor with a document satisfactory to Lessor
verifying such termination and release of Lease.
F. Upon termination of this Lease for any reason, the Company shall
furnish Lessor with maps showing the location of all test holes on the Property and
provide Lessor with copies of all test results, studies, data and analyses in its possession
with respect to or in connection with the Materials or the mining of the Materials on the
Property.
G. Upon termination of this I ease by the Company for any reason, all sums
paid hereunder to Lessor shall remain the property of Lessor and shall not be
recoupable or refundable except to the extent that they have already been recouped or
refunded as of the effective date of termination, or except as expressly provided in
Paragraphs 7. F and.11.B and C above_
15. End of Term. The Company shall have the right for six months from the date
of the expiration or termination of this Lease to dismantle and remove plants, machinery,
equipment, improvements, and rother facilities installed or constructed on the Property by the
Company and also to sell and remove Materials then stockpiled_on the yroperty, subject to its
obligation to pay production royalties pursuant to Paragraph 3.
•
16. Restorationof Property. Within two (2) years after the expiration or earlier
termination of this Lease, the Company will seed and grade overburden piles and lake banks
Orr-gravel.98 I 1
JUN. 23. 2005 11 :39AM LAFARGE NO. 7439 P. 16
on the Property to a grade that will accommodate ultimate reseeding and mowing. Following
the expiration or termination of this Lease for any reason, Lessor covenants that Lessor will
not extract or allow others to extract Materials until Lessor or others effect the transfer of the
Stare Division of Minerals and Geology permit to their names for reclamation or rehabilitation
of the Property and the release of any security or bond provided by the Company to secure its
performance or discharge its re ponsibilities. Unless Lessor desires to continue operations to
extract Materials (either by Les or or through an operator, representative, or other lessee), the
Company shall have the right��d access and enter the Property and effect on the Property such
restoration, rehabilitation and reclamation as may be required to discharge the responsibilities
which the Company has assumed pursuant to its permits and under Paragraphs 7.E and 8 and
to procure release of any bond or other financial assurance provided by the Company.
17. Option to Purchase Surface Estate.
A. At any time during the term of this Lease after the Company has mined
and removed or sold five Million(5,000,000)tons of Materials on which production
royalty has been paid(or which is subject to offset by advance minimum royalty
payments that have been paid),the Company shall have the right and option to purchase
the surface estate for that portion of the Property for which the Materials have been
removed as well as for the setbacks and public rights-of-way easements that are
immediately adjacent and contiguous to the portion of the Property to which this option
applies("Initial Surface Estate Option").
B. Provided that the Company exercises the Initial Surface Estate Option
described in paragraph I A.,the Company shall also have the option to purchase
additional parcels of the perty in increments of at least 35 acres,or, in the case of the
last remaining parcel,in a amount of such acreage that remains,as and after the
Company fully mines the parcel for all Commercially Economic Materials and after all
royalties have been paid for such parcel.Each parcel subject to this option may include
the setbacks and public rights-of-way easements that are immediately adjacent and
contiguous to the parcel for which the option is exercised.
C. The purchase price for each option shall be the sum of$500.00 an acre,
prorated as to fractional acreage. The Company shall exercise each option to purchase by
giving written notice to Lessor specifying a closing date that is not less than ten nor more
than thirty days after the date that the notice is delivered to Lessor and including a copy
of a survey of the parcel that is the subject of the particular option. The Company shall
pay all costs and expenses to purchase the parcels hereinider, including the costs of all
surveys.
D. Lessor shall convey the portions of the surface estate for the Property for
which an option is exercised by special warranty deed. Conveyance of portions of the
Orr-gravel.98 12
JUN. 23. 2005 11 :39AM LAFARGE NO. 7439 . P. 17
surface estate shall not affect the Lease in any respect,including regarding mining
operations,the duty to-remove all Commercially Economic Materials pursuant to
�" paragraph 7 within the tem of the Lease or the payment of production royalties,
minimum royalties or other royalties hereunder.
I
E. The Company agrees that in the event that it exercises one or more of the
options described in paragraphs 17A. and 17B.,the Company shall conduct its ongoing
mining operations adjacent to lands that it has previously mined and that,in the exercise
of any option or options Under paragraph 17.B.,the parcels so purchased shall be
contiguous to one anoth with the intent of the parties that no land continues to be
owned by Lessor which i isolated or surrounded by parcels that have been purchased by
the Company. The Com y shall grant access to Lessor at all times to all or any
portions of the Property that at any time continues to be owned by Lessor.
F. In the mining of the Property and in the exercise of the options in this
paragraph 17,the parties understand and contemplate that the last portion of the Property
to be mined would be in the south along Weld County Road 6.
18. Residential Area. The parties have excluded the Residential Area from the
Lease. Lessor may lease the Residential Area at any time to any party; provided however, at
the time that any existing or future lease for the Residential Area terminates or expires, Lessor
shall give the Company the preemptive right to lease the Residential Area upon the same terms
and conditions as the terminated or expired lease, but at market rental rates, and the Company
shall have the right to sublease the Residential Area if it exercises its preemptive right.
I
19. Successors and mo!≥». The provisions of this Lease shall extend to and be
binding upon the heirs, person representatives, successors, assigns and sublessees of Lessor
and the Company. The rights obligations of the Company hereunder may not be assigned
to any party other than an affiliate of the Company without prior written consent of Lessor,
which consent shall not be unreasonably withheld. Lessors' consent to a proposed assignment
shall not operate to waive Lessors' right to disapprove any future assignments. The Company
shall have the right to subcontract with others for the performance of exploration, development
and mining work hereunder, subject to all terms of this Lease, but no such subcontract shall
relieve the Company of its obligations to Lessor hereunder.
20. Notice. Notice of default or of cancellation or termination of this Lease and all
other notices required or permitted hereunder shall be given by registered or certified mail,
postage prepaid, addressed to the parties as follows:
Orr-grave1.98 13
JUN. 23. 2005 11 :39AM LAFARGE. NO. 7439 P. 18
III
Mobile Premix Concrete, Inc.
Attn: Land
1400 West Avenue
P.O. Box 21588
Denver, Colorado 80221 phone: (303) 657-4425
Donald L. and Suzanne Rittenhouse
2607 Hells AvLnne Zos N. Pat'.t 'Ra-
tes
Richland, Washington 99352 Oayi-on) W R �1431� �
21. Entire Aereement. This Lease contains the entire agreement between the parties
hereto, and neither it nor any part of it may be changed, altered, modified, or limited orally or
by any agreement between the parties unless such agreement be expressed in writing, signed,
and acknowledged by the Lessor and the Company, or their respective heirs, personal
representatives, successors and assigns. •
IN WITNESS WHEREOF, this Gravel Property I rage with option to Purchase Surface
Estate has been duly executed as of the date first above written.
MOBILE PREMIX CONCRFI PE, INC. DONALD L. RITTENHOUSE
and
SUZANNE RITTENHOUSE
By: 40:71i
Title: p r,tiyt aQ �Gfy,,R'a¢�_ Lessor: Donald L. 'ttenhouse
jaw
le sso� . Suzanne Rittenhouse
ouse
•
Phone: Home (509) 375a8 382- 100(
lZrctV
on-gza've1.98 14
JUN. 23. 2005 11 :40AM LAFARGE EMBITAto NO. 7439 . P. 19
Gravel Property Lease with Option
to Purchase Surface
•
•
•
•
�D(007oAn undivided
An and 1' -5W interest in the following described property:
That part of the NW ;1/4 of the SE 1/4
1 North, Range 66 West .�f / of Section 19, Township
COMMENCING at the Nor:.hwesttcornero P.M. , eeSEr1/4d as aid?
Section 19; the SE 1/4 of said follows:
thence South along the West lire of said guarter section a
distance of 853 feet, to the North line of the Damiana property
described, in Deed recorded in Book 529, Page 433;
thence East along the North line of said Damiana property 264
feet;
. thence North and parellel to the West line of said quarter
section a distance of 853 feet, more or less, to the North line
of the•SE 1/._4. of said Section-t9;
, thence West a distance of 264 feet along the North line of said
quarter section to the POINT OF BEGINNING;
EXCEPT that portion thereof conveyed-to The State Highway Commis-
sion of Colorado for highway purposes in Special Warranty Deed
recorded in Book 1401, Page 313, described as follows:
BEGINNING
corner
point on the South property line from which the
distance of or said Section 19 bears South S4'04' East a
3011.2 feet;
thence along the South property line South 88'39' East a distance
of 68.9 feet to the Soutieast corer of the property;
thence along the East property line North 0'25'30" West a distance '
of 856.8 feet to the fast-West quarter line of Section 19;
thence along the East-West quarter line of Section 19
South 89'39' West a distance of 159.3 feet;
• thence South 4'48' East a distance of 535.9 feet;
thence South 18'50' East a distance of 103.1 feet;
thence South 4.48 ' East a distance of 223.4 feet, more or less to
the POINT OF BEGINNING.
PARCEL 2:
I
That part of the W 1/2 of the SE 1/4 of Section 19, Township 1
North, Range 66 West of tie 6th P.M. , described as follows-
-.... EEGINNING at a i9auhich !point P.m. ,t1e west line of the S.E t/4 of said
Sac s 1310 ieet' North of the Southwest corner of
said SE 1/4 of said Section 19;
thence North 504 feet;
thence East 272 feet;
thence South 304 feet;
thence West 272 feet to the PLACE OF BEGINNING;
EXCEPT that portion thereof. included within a parcel o: land con-
veyed to John Scholl and Constantine Shell in Quit Claim Deed
recorded in Book 1007, •Page 39, described as follows-
JUN. 23. 2005 11 :40AM , LAFARG( N0. 7439 P. 20
•
'A' carmum
•
BEGINNING at a pout 247 feet East of the Southwest corner of
the SW 1/4 of the SE 1/4 of said Section 19;
thence North to alpoint on the North line of said SW 1/4 SE 1/4;
thence East 25 feet to a point;
thence South to a 'point on the South line of said SW- 1/4 SE 1/4;
thence West 25 feet to the PLACE.OP BEGINNING; and
EXCEPT that portion thereof lying•within the North 10 feet of
the S 1/2 of the SE 1/4 and the South 20 feet of the N 1/2 of
SE 1/4 of said Section 19 as conveyed to The Board of County
Commissioners of Weld :ounty and to Weld -County to be used and
maintained as a public road in Warranty Deed recorded in Book
1229, Page 556; and
EXCEPT that portion tbsreof conveyed to The State Highway Commis-
sion of Colorado for highway purposes in Special Warranty Deed
recorded in Hook ;401, Page 313, described as follows:
BEGINNING at a point on the North property line from which the
Southeast corner of said Section 19 bears South 34'04' East a
distance of 3011.2 feet:;
thence South 4'48' East .-a distance of- 247. 6 feet;
thence along the arc of a curve to the left a distance of 186.3
feet, the radius of which arc has a length of 5805 feet, and
the chord of which arc bears South 5'43' East of distance of 186.2 feet, to the South property line;
thence along the South property line North 89'50' East a distance
of 32.8 feet to the East-property line;
thence along the East property line North 0'25'30' West, a dis-
tance of 430.3 feet to the North property line;
thence along the North property line North -88'39' West a distance
of 68. 9 feet, more or less, to the POINT OP BEGINNING.
ALSO,
Lots 1 and 2 of the SW 1/4 of Section 19, Townshit 1 -North, Range
66 West of the 6th P:M.
•
ExcuTh NG 'hydrocarbon mineral rights.
•
•
•
•
•
•
r
APPLICANT'S INTEREST IN THE PROPERTY
See attached.
Lafarge West,Inc..-Riverbend
Weld County USR Permit
Page 28 of 42
06/09/2008 THU 08:39 PAX 1001/oo9
Fax Transmission
City Of Thornton
Infrastructure Department
12450 Washington Street
Thornton, Colorado 80241-2405
720-9774500
Fax Number. 720-977-6202
Date; June 9, 2005
To: Jennifer Vecchi
Fax f: (303)665-8959
From: Emily Hunt, Water Resources Administrator
Subject: Lafarge Riverbend Use by Special Review Permit Application
Number of pages (including this cover page): 9
Comments:
Attached please find a letter from Thornton consenting to Lafarge's USR permit
application for its Riverbend project. Also attached is Thomton's Administrative
Directive that authorizes Bud Elliot, Deputy City Manager for Infrastructure to grant this
consent. Both documents have also been faxed to Jacqueline Hatch, and the originals
will be sent to her via regular mail. Please contact me at 720-977-6504 with any
questions.
A hard copy of this facsimile message was also mailed to the addressee. ❑
08/09/2005 THU 08:39 FAX 1002/009
City of
Thornton
udrostrucUra 66iimcraice Celle. 72C4)77-6500 -
12450 WN thhgten}erne{ Fax 720-077-6202
Tlictrulon.('.Dorado E024 1-24 0 5 lnntcdyatlwmtei net
- June 8, 2005
. Ms. Jaqueline Hatch, Planner II
Weld County Planning and Zoning Department
918 Tenth Street
Greeley, CO 80631
RE: Lafarge Riverbend Weld County USR Permit
Dear Ms. Hatch:
The City of Thornton, as one of the surface owners of land subject to the above
referenced application to Weld County, but with no ownership Interest in the
mineral rights, does hereby consent to the June 8, 2005 filing of the application for
a Use by Special Review Permit for the Riverbend site by Lafarge North America,
Inc.
Sincerely,
i-ri.Kiltioetidili-14
Deputy City Manager-Infrastructure
EPH/hjw
cc: Dennis Hanson,Assistant City Attorney
Emily Hunt,Water Resources Analyst
GPAQ-Fort Lupton
MLCR
atoM,orara nn amp ua Past war
i
1)5/09/2005 THO 08:39 FAT IM003/009
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CRY OF THORNTON ADMINISTRATIVE DIRECTIVE 1-4
Office of the City Manager
Felhnrary 7.2003
gaSkitcriiQp__A_WinNix
1.0 ElleSeKc
1.1 To delegate the administrative authority of the arty Managernl 1es
Director to the Depar67wnt Heads in certain matters.to ensure the smooth
and timely low of information and documentation within and between the
CIO, as employees,applicants for employment, contactors, suppliers, and
outside service prodders..The term Department Heads means Assistant
City Manager, Communications aid Pubic Affairs Director, Deputy City
Managers,Executive Directors and Poke and Fire Griefs,
20 taw
2.1 This policy apples to al contracts, agreements,permits, easements,lights.
of-way rsogtrisitlons, changeciders, interim and final payment releases
perfetrtn9 thereto; procurement Pn rnert of materials, suuppliees, equipment, •
construction, and services for di purchases made in accordance with the
budget as authorized by Cly Count melons on ditch company boards,
water bawds
employee tithe City of Thornton is poi boards or ether entitles al voting
an
shares and authorization of City gybed tor stook,or elected,and to ition of on hno wateof
r
teas or Feet$, participation in the Colorado Water for certain
- • water rights protection and transfer actions and certain administrative
functions of
the and City ManagedUtilities
Director/Appointing Authority related
to terms
employment for City personnel.
SA alMni
3.1 The adroitly of the City Manager to approve purdmee orders, check
requests, agreements, contracts an projects spectrally approved in the
budget and other related matters to ensure the smooth and timely flow of
•documents and inforrratiorr within' the City is hereby delegated to the
Deputy City Manager for Management Services. The Deputy City Manager
for Management Services shad exercise this administrative authority in
• conformance with the City Charter, the ordi nate:es of the City of Thornton, .•
policDirective.
and other .. 'City. pc es, procedures, and this •
Administrative
•
32 The authority of the City Manager to make budget adjustments between •
objects of expendlkwe of an aocourt and betwixt)accounts of en individual
department is hereby delegated to the Deputy City Manager for •
Management Services provided that such adjustments do not cause a
senAce delivery reduction and do not exceed the total amount of the original
budget
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A&*istradve Directive 1-4
Page 2
32 The authority to make budget adjustments between capital improvement
projects. provided the adjustment is not in excess of $100.000 and there
are evadable funds to transfer such that the agent does not result in a
r ducbon in the overall Capital Improvement Plan, is hereby delegated to
the Deputy City Manager for Management Services. Any adjustment to a
- capital improvement pmt in mess of$100,000 must be approved by the •
City Manager.
3.4 The authority of the City Manager to approve or deny change orders and
cow amendments Is delegated to the Deputy City Manager for
Management Senesces provided that such change orders amendments and co
pertain to specifically approved projects In the and win
budget otand that exceed
the
Improvement Plan budget departmental
not
emceed$100.000 without the written approorders val contract
amendments do
ab At the end of each quarter. the Deputy City Manager for Management
Saltless shall e nema, changee«ders and the City Manager with areport � budget
exceeded$50.000. amendments for that quarter that
3.6 The authodly of the City Manager to amevute ponds,agreements,eighb of
•
_entry. easethenbl y rights-of-way acquisitions required for the .
arnpiememadon of the
ovement Plan is hereby
dell:9ted to the DePulY CllY Manager 'and the Assists,*
City Manager provided that a1 Pont, agreements, *us of entry and
purchases for easements and ,ay are made in acoondahos within
the budget as approved by City Council The City Manager shad be notified
of any such execution/approval in this subsection which would change an
existing practice or policy prior to such execuuonfapprpyn_
3.7 The authority of the City Manager to approve applications for permits to
sene and consume alcohol on City property is hereby delegated to the
Executive Director for the Deputy '.Manager �Mhasttrottr Services e f�stteet closures.facEties (andSee
Administrative Directive 1-11 Alcohol Permits for City Property),
3.8 me authority Hof City Manager to approve Agreements related to the
of Deve of legdieg Permits is opment.
Deputy City
the Deputy
Manager for City
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Administrative DIreatve 1-4 page 3
•
3.9 The authority of the City Manager to execute. imps. and administer
the o«ongoing
vad luable regular
cani operations
of of the municipal Wig, inciters the
twquisfion, transfer and of water net real or personal making y;
protection water fights and MtetaSs a
appointments to ditch company boards, water boards.corporate boards,or
other entitles. and authority to vote shares,including authorizing proxies, of
City linter stock. as provided for In Section 2-121 of the City Code and
pursuant to C.D. No. 94-238, is hereby t delegated to the Deputy
City Manager for Infrastructure or designee in accordance with the following
policies:
a) Lease of property: The Deputy City Manager for infrastructure is
aut horfined to eowarte leases for Qty owned real and personal
property only after each lease has been reviewed by the Deputy City
Manager for infrastructure to detarmne it follows City ordinances•
and paw. Any leases that are not addressed by existing
ordinances or policies wi first be discussed wlh the City Manager
_pier to execution.
b) Accaui;iffon of water rights or Irk:The Deputy City Manager for
Infrastructure is authorized to acquire water rgtds and interests
subject to the approved budget resolution and appropriations
ordinance only after reviewby approval the City Manager.
.
o) Water Court The Deputy city Manager�for infrastructure
is authorized to negotiate and appreve agreements of
opposition cases which Deputy qty Manager for hue
has determined are in the City's best interest to eetle based upon.
but not kited to, such considemtbm as protection of the cuts
' " -water rghts. the cost to settle versus further litigation, and
establishment of precedents as long as: 1) less than 150000 has •
been spent in opposition: and 2) such delegation does not include
cases where the icant is -another munidpaRy without fiat
receiving approval from the City Manager. The Deputy will fie a
monthly report to the City Manager that will contain a brief
desalption of all water court eetlemerds approved by the Deputy
d) Water Court striements of oopcilon:The Deputy City Manager for
infrashucture Is -authorized to 1k statements of opposition and _
Inteivene in the•
potential� of others n water court cases which
•
have the City of Thornton subject to the following condlnn to detrimentrily affect the water mono= of the
1) The oasts necessary to Se statements of opposition and incur
legal. engineering and other associated costs are less than
$50,000 and included in a budget adopted by City Councl;
and
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Administrative Directve 1-4
Page 4
2) No statements of opposition wit belied where the applicant is
another municipality without first receiving approval from the
City Manager;and
3) The Deputy City Manager for infrasbucture will provide the
City Manager swift a monthly report that °ordains a b►fef
description of all statements of opposition.
•
a)'• Water Court transfer and/or urge of use abdications:Jlons:The Deputy
• City Manager for ice, only after stsa salon with and
appal by the city Manage. Is authorized to tie Water Court
applications by the City of Thornton to bunt and/or change the
use of water rights theof Thornton owns and applications for
findings of reasonable di n and/or to make
conditional water right with the consent of city Count.
f) The City Manager reserves the authority to select or appoint City
rePresetgebves who will stand for eledlon,and serve on the Board of
Directorrarustees concpanies or other entries identified in Ca Board)as required if tegory. for thoseditch
Exhibit 1 and any other entitles not Category A of b his
s
Administrative Directive. The alsoedicaly named b the
City Manager reserves the
authority to remove any such representatives,with or wihout Dense,
• serving on a Board of an entrla, idengied in laegory A or B of
attached Exhibit 1_
1) The Deputy City Manager for Infrastructure is authorized to
select City employees who will stand for elections and serve
on the��
required if elected,for those ditch oompases -
or other erdilleit identified ku Category B of attached Exidbit 1.
The Deputy City Manager for kerastructure is also authorized
to remove any such City employee, with or Without cause,
serving on a Board of en entity Identfied In Category B of
attached Exhibit 1.
2) The Deputy Cry Manager for Udrastnrdure is asthotlmed to
• vote shares, including authorizing praodes,of City Water Mock -
for al ditch companies listed in attached Extra* 1. Any City
employee is authorized to vole shares of water stook if a
prow has been I propedyauthorized their creme by the City o
Deputy City Manager for
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Administrative Directive.14 Page 5
3) Each year, by December 31, the Deputy City Manager for
Inf as bucuae wA oxalis and provide to the City Manager a
listing of all City employees who will serve on any ditch
company board, water board, corporate board or other entity
pertakskrg to Sedan 2-121(5X4)of the City Code or listed on
Exhibit 1 for the upcoming year. This Ong wit also be
• provided to the City Clerk for reference.
3.10 The authority of the City Manager related to the employment of City
enpeloyees stall be delegated as follows,
a) In instances whereby drily procedures have been or WE be
instituted, Department Heeds may suspend an employee with pay,
pursuant to Sectors 54-186 or 54-160 of the Personnel Code. The
City Manager, (Deputy City Manager for Management services, and
Human Resources Di ector shat be notified, in writing, of the basis
for such suspension ts&h r one business day of the tam
b) Department Heads may approve the following Items or delegate their
authority to Sector and Divisbn Heads only pursuant to a written
• departmental poky or procedure.
1)- Recommendations to hire temporary (with or wihout a
contact)empbyecas
2) Legal Request Forms
3) Oral Boatel Fonts
4) Shdus Fame atsif onsns involving demotion or pay changes)
5) Position eg
6) Outside Employment Request Forms
7) ITTuition�tneo s(ire eme(access,,software.t)
8) omo
9) Bereavement Leave Request Fame •
c) The delegation of adn*Isaathre authority to the Deputy Cily
Manager for Management Services includes, by way of example:
Petaonneleayrol Action Request forms, position S
•
recommendations to Its, promote and reclassify employees up to
but not Including the Sector Director or DMsbn Manager level,
employment contracts, mdassocations.and discharge of temporary •orld oyees: but does terminations ryk vol transfer% and involuntary Lary demoti include ons -
ReWar non-p >ary empbYees, and leave of absence
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Administrative Directive 1.4 Page 6
The Deputy City Manager for Management Services shall have the
authority to approve requests torn Department Heads for changes to
work schedules and forward his/her determination to the City
Manager provided that any unusual change to a work schedule that
would set a substantive precedent orwordd have adverse budgetary
impact must be approved by the City Mane
3.11 The aut horny lo approve and/or settle al work-related injury/loess claims
and properlykasualtyslabillty claims shall be delegated as follows:
a) The Deputy City Manager for Management Services shall approve
work-related. Injury/Illness darts and properlykasuatytliablity
dams or any related settlement up to$100.000. They Manager
veil approve all claims over$100,000. .
b) The Deputy City Manager for Management Benda* that no the
City Manager of any work-related tyuryliknesa . claim and
PmPackficalasaliVilability claim, the settlement ancVor approval of
which would change an existing practice or ply prior to such
• settlement and/or approval rye of the clakn amount
41t• :
4.1 Division Heads.
.lack City Manager Date 1' Y
•
Attachments:6dhbk 1
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Adtrinistative Directive 1- Page 7
EXHIBIT 1
£ G9
Colorado Wastewater My Council
Colorado Water Congress—State Maim Committee
Cblorrdo Water UMW Candi
Farmers Resen*and irrigation Gbmpany
Noel Pan Range-Water Qualify Association
SAY Operating Nanning •
Stanley Lake Pipeline Committee
Woman Meek ReservdrAulhodpr
Water Supply and storage Compton
cateoon B
Mead Lateral Company
•
Bass tateni and krigarion Carwany New tiSon CommlNmlgr Mt Company
North Padre lifigallon Company
BurNtglon Ditch,Rent wid Land Oliver Ditch company •
•
Conway Fierce Lateral Company
Burlington Extension Ditch Company Ranldn Reservoir Conway
Castle Mountain Recreation ComPatlY Rocky Mountain DIM Company
Church Did'Cotnpany Seven Wes coffins rand Agnomen'
Baca of Goreperar
Ditchcomparw
•
ny Class Cut Company unnel Water Company i
Daniel Lateral Ditch v y
•
Dry Ci lie k Ditch Canpany WeRggbn Reservoir Omar/
>s
Fanners Ligh Lhe Cartel and Reeerwir
Compatw
Fanners High Line Latent
Fteher Ditch Company �
•
German Ditch Company
. Good lateral Ditch C omparw - •
Greeley and Loyelwad krigation CompanyomCompany
Hayden Ditch Company
Jackson Ditch Company
Kershaw Dad'Company
Lakeside Lateral Dish Company
Laurier end Wald irrigation Oomparmy
Lone Tree Lateral Cary
Loveland and Greeley Reservoir Company
Lamer Clew Creek Ma Company
Mandalay Inigallon Company
•
Donald L. Rittenhouse & Suzanne Rittenhouse Quit Claim Deed and
Gravel Property Lease
Phase I
mignon
2887239 M/15/118/ It:S00 Weld Camay CO
I eq 1 R 0.00 0 0,80 JO Sulu Tadta.at.
QUITCLAIM DEED
31 THIS DEED, made this ,j day of ,4',,<- , 1999, between Frank Damian,
through his conservator, Randal G. Damiana, whose address is Route I, Box 113-A,
Moore, ID 83225,grantor,and Donald L.Rittenhouse and Suzanne Rittenhouse,whose
address is 205 W Patit Road,Dayton,WA 99328,grantees,
WITNESS, that the grantor,for and in consideration of the aim of SP
land other good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged,has remised,released, sold and QUITCLAIMED, and by these
presents does remise, release sell and QUITCLAIM unto the grantees, their heirs,
successors and assigns forever,all the right,tide, interest, claim and demand which the
grantor has in and to the real property, together with improvements,if any,situate, lying
and being in the County of Weld and State of Colorado,described as follows:
Section 19,Township I North,Range 66 West,of the 6*PM.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining,
and all the estate,right,title,interest and claim whatsoever of the grantor,either in law or
equity,to the only proper use,benefit and behoof of the grantees,their heirs and assigns
forever.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set
forth above. /J
Ste,/ALEGOaLL
Frank Damiana by his Conservator,Randal G.Damiana
STATE OF IDAHO )
)8s.
l r The foregoing instrument was acknowledged before me this 573 day of
1999,by Randal G.Damiana as conservator for Frank Damiana.
Witness my hand and official seal_
My Commission Expires: /1- I I -JA .t_
�
Lied.d.i .k a.(-ILt y
Notary Public
MIEN)tr ORb® KETU/g '[O: DONALD L. i SUZANNE RITTENHOUSE
0, - - 205 W PATIT ROAD
- ' DAYTON WA 99328
({20,( -2!0
DONALD L. RITTENHOUSE AND SUZANNE RITTENHOUSE FILE
COPY
GRAVEL PROPERTY LEASE WITH OPTION TO PURCHASE SURFACE
£ aecki 7:Ck.
THIS INDENTURE, dated this 7 day of u5 ,j99I(hereinafter referred
to as the "Lease"), by and between D nald L. Rittenhouse acid Suzanne Rittenhouse, with their
Zos N Punt} . Op- •-• wft ` 9 -sZg
address being -v , try r *mm (hereinafter referred to as rL.�
"Lessor" inclusively) and Mobile Premix Concrete, Inc_, a Colorado corporation (hereinafter 5" UV"
referred to as the "Company"), with its address at 1400 West 64th Avenue, Denver, Colorado
80221_
WITNESSETH
In consideration of the sum of paid
by the Company to Lessor (which includes paid for the Option to Lease Gravel
Property ("Option") under which this Lease is taken), the receipt of which is hereby
acknowledged by Lessor, which sum shall satisfy the advance minimum royalty requirement
identified in Paragraph 4 with respect to the period from the commencement date hereof to the
end of the first year of the term of this Lease, and on and subject to the terms and conditions
provided in this Lease, Lessor hereby leases, lets and demises to the Company the Materials as
defined herein, in, on and under the real property situate in Weld County and described in
Exhibit A attached hereto and made a part of this Lease (hereinafter referred to as the
"Property"), and the exclusive right to sample, drill, and test for, develop, mine, quarry,
ract, process, sell, use and remove them during the Term of this Lease, along with the right
to locate and operate with associated uses an "Operational Plant Site," as defined herein.
TOGETHER WITH the right to use and exercise the water and water rights appurtenant
to the Property that belong to Lessor ("Water Rights") to the extent appropriate for the
operation of the Operational Plant Site and for the extraction, removal and processing of the
Materials, as well as for revegetation and reclamation, including exposure of alluvial waters to
evaporation_
LESSOR RESERVES the right to use and lease the surface of the Property for
agricultural, hunting and fishing and horseback riding purposes and as provided in Paragraph
18 and for other existing residences and accessory structures only, provided that such uses
shall cease during the times and for the portions of the Property where the Company is
conducting active mining or reclamation activities and where the Operational Plant Site is
located, and provided that Lessor as part of such use shall pay for, install and maintain at its
sole cost any and all fencing the parties mutually agree is necessary to protect the Company's
operations from interference from such uses of Lessor. Lessor shall not interfere with the
Company's operations under this Lease in connection with such uses, and Lessor releases
"' &gravel.98
Mobile Premix Concrete, Inc.
Attn: Land Department
1400 West 64th Avenue
P.O. Box 21588
Denver, Colorado 80221 phone: (303) 657-4425
Donald L. and Suzanne Rittenhouse y/�1
ZpS N- Pat;t Rd - dL,�
Richland, Washington 99352 pay j-nn) W R 94 3 2
21. Entire Agreement. This Lease contains the entire agreement between the parties
hereto, and neither it nor any part of it may be changed, altered, modified, or limited orally or
by any agreement between the parties unless such agreement be expressed in writing, signed,
and acknowledged by the Lessor and the Company, or their respective heirs, personal
representatives, successors and assigns. - -
IN WITNESS WHEREOF, this Gravel Property Lease with Option to Purchase Surface
Estate has been duly executed as of the date first above written.
MOBILE PREMIX CONCRETE, INC- DONALD L. RITTENHOUSE
and
SUZANNE RITTENHOUSE
areat"
4.0
Ar-617-r
Title: G c s .i2 O�p aR q e� Lessor: Donald L. 'ttenhouse
SSO : Suzanne Rittenhouse
Phone: Home (509) 37513- g 3 2t 2- I OD6
P6onc w.,r4 cant Fz27 k`r
"atr-gravel-98 14
Gravel Property Lease with Option -
to Purchase Surface
000
An undivided sec interest in the following described property:
PARCEL 1 :
That part of the NW 1/4 of the SE
wnship
1 North, Range 66 West of 1/4 of Section 19,
1C North, G at the 6th P.R. , described as o
the Northwest corner of the SE follows:Section 19; 1/4 of said
thence South along the hest line of said quarter section a _
distance of 853 feet to the North line of the Damiana p per
described in Deed recorded in Book 529, Page 433;
thence East along ro �,
feet; the North line of said Damiana property
thence North and 264
parallel to the West line of said quarter
section a distance of 853 feet, more or less, to the North line
of the_ 5E 1/._4- of said Section-19r
thence West
ghencer section
of 264 feet along the North line of
to the PINT Or BEGINNING; said
EXCEPT that portion thereof conveyed-to The State Highway
sion of Colorado nrd orhighway purposes in Special Warranty g Y Commis-
sion 1401 , Page 313, described asDeed
at a point on the South Property follows:
Southeast corner of said Section 19 bears South
54'0 Which the
distance of 3011 . 2 feet; 54 04 East a
thence along the South property line South 88-3g • East a distance
of 68. 9 feet to the Southeast corner of the property;
thence along tilt East prcperty lice North 0'25 '30^ West a distance
of 856 . 8 feet to the East-West quarter line of Section 19;
thence along the East-West quarter line of Section 19
South 89-39 ' West a distance of 159. 3 feet;
thence South 4 "48' East a distance of 535. 9 feet;
thence South 18. 50' East 3 distance of 103 . 1 feet;
thence South 4 " 48 ' East a distance of 223 . 4 feet, more or less to -
the POINT OF BEGINNING_
PARCEL 2 :
That part of the W 1/2 of the SE 1/4 of Section 19, Toun ship 1
North, Range 66 West of tl.e 6th P_14_ , described as follows;
BEGINNING at a point on the West line of the SE 1/4 of said
Section 19 which is 1310 feet North of the Southwest corner of
said SE 1/4 of said Section 19;
thence North 504 feet;
thence East 272 feet;
thence South 504 feet;
thence West 272 feet to the PLACE OF 2EGINNING;
EXCEPT that portion thereof included within a parcel of land con-
veyed to Joke Schell and Constantine Shell in Quit Claim Deed
recorded in Book 1001 , -Page 39, described as follows_
�i' `A' bTh
t
BEGINNING at a point 247 feet East of the Southwest corner of
the SW 1/4 of the SE 1/4 . of said Section 19;
thence North to a point on the North line of said SW 1/4 SE 1/4;
thence East 25 feet to a point;
thence South to a point on the South line of said SW 1/4 SE 1/4;
thence West 25 feet to the PLACE.OF BEGINNING; and
EXCEPT that portion thereof lying-within the North 10 feet-of
the S 1/2 of the SE 1/4 and the South 20 feet of the N 1/2 of
SE 1/4 of said Section 19 as conveyed to The Board of County
Commissioners of Weld :ounty and to Weld -County to be used and
maintained as a public road in Warranty Deed recorded in Book
1229, Page 556; and
EXCEPT that portion thereof conveyed to The State Highway Commis-
sion of Colorado for highway purposes in Special. Warranty Deed
recorded in Book 1401, Page 313, described as follows:
BEGINNING at a point on the North property line from which the
Southeast corner of said Section 19 bears South 54.04 ' -East a
distance of 3011.2 feet;
thence South 4-48• East-a distance of- 247 . 6 feet;
thence .along the arc o1` a curve to the left a distance of 186. 3
feet, the radius of which arc has a length of 5805 feet, and
the chord of which arc bears South 5-43 • East of distance of
186. 2 feet, to the Soul:h property line;
- thence along the South property line North 89- 50 • East a distance
of 32. 8 feet to the Ealtt property line;
thence along the East property line North 0-25 '30! West, a dis-
tance of 430 . 3 feet to the North property line;
tf hence along the North property line North 88"39• West a distance
ofS08 9 feet, more or less, to the POINT OF BEGINNING.
Lots 1 and 2 of the SW 1/4- of Section 19, Township 1 -North, Range
66 West of the 6th P.M.
EXCLUDING hydrocarbon mineral rights_
Mineral Reserves, Inc. Warranty Deed
Phase 2
IEI IIII III EE III III E 11111.."�:N11
I630Si 071061'200/ 11:ONI 3*Sand TsibROlo
al 1 R 5.00 D 63.50 Weld Candy CO
'.((.))- -ecord tad day of ,h.o_ , at o'clock M. RECORDER.
tl di/ b. 111 DEPUTY.
SPECIAL WARRANTY DEED
Op`
TH Made on21',IS DEED. dethis day of ).ne 1(qi between
GEORGE R NORDEN LIVING TRUST
whose legal address is.
Grantor(s),
and
I MINERAL RESERVES.INC..A COLORADO CORPORATION
Jose Ieget address is: 1400 W.ACTH AVENUE,DENVER,CO 10221
of the Grantetts):
WITNESS, That the Grantor, for and in consideration of the sus of aims )
DOLLARS
the receipt and suit iciency of which Is hereby acknowledged, has granted, bargained, sold aid conveyed, and by these
presents does grant, bargain, sell, convey and cadira onto the Grantee(s), their heirs aid assigns forever, all the
real property, together with improvements, if easy, situate, lying and being in the Carry of
WELD and State of Colorado, described as follows:
SEE EXHIBIT'A'ATTACHED HERETO AND MADE A PART HEREOF
• SY Do . - Fca
D,fs 19-
$
103, c'
also knows as street number 11520 WELD COUNTY ROAD I.FT LUPTON.
TOGETHER with all and singular and hereditaments and apprtenaices thereinto belonging, or in anywise appe "..
4 and the reversion and reversions, remainder and reminders, rents, issues ad profits DT ; and all the estate, right
title interest, claim end demand whatsoever of the franta(s), either in law or equity, of, in and to the above bargained
premises, with the hereditments and appurtenances:
' SEE Emma C
TOHAVEANDTONOLD the said premises above bargained and described with a)purtenaces. info the Grantee(s).
their heirs, successors end assigns forever, the Grantor, for itself, its successors and assigns, does covenant,
and agree that it shall and will MARMs1 IRO ANEW*DEFEND the above-bargained premises in the putt and
peaceable possession of the Grantee(s), their heirs, successors ard assigns, against alt and every person or persons
claiming the whole or any part thereof, by, through or Ceder the Gradorfs).
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2001 AND SUBSEQUENT YEARS;EXCEPTIONS AS LISTED ON
EXHIBIT-e'ATTACHED AND MADE A PART HEREOF AS IF FULLY SET FORTH HEREIN
IN WITNESS WHEREOF the Grantor(s) have esecuted this deed on the date set forth above.
GEORGE/L RDEN LIVIN ST
BY:KA MARTIN,T RU�
G RIDS 1PIED
BY:GEORGE M.NORDEN,TRUSTEE
//I�
DALE Or l.`-(L.t • q�
1
county of /-rT DS.the foregoing instrument was kne de'J9ed before roe qn this daY lune N.2001
by faro/ Ma rrir trustee. Or 1 forge of . Annie," (_r 0149 Innf'
nr cemaission noires 12-12-4°Y
nine's a sz .s bald and olffciai seal.
Notary P tic
TERESA RIOS
ConsritiarnS 12B/D1
n Woking Pubic—Colard° „
I`$'_ los Angeles County E
group ragas.'Doe 7S.
_
Escrow/ AC21059 1Fenlecorded Return to: MINERAL RESERVES, INC., A COtoozo
title/ Ic2oSIAI-a
CORPORA!ION
na.Nam Caw-its 1000 M. JAIN AVENUE, DENVER, CO 80221
I Ili MI pnln it t 11111 Ell 1111111 III
- 2063092 071a2001 11ittA M Saes Ts..eRlob ��P
- 1 4 R 20.00 0 0.00 0 Weld costae CO
ier
tor record IAedal•of AA. _, at o'clock M. MECOYER.,i
092 an go. SW DIMITY.
SPECIAL WARRANTY DEED Documentary J
'�� TNLS DEED.Mods en this dog of *le21.2001 , between Ctafe Fee
GEORGE R.NORDEN LIVING TRUST Date �--3 -Uf
$ iree.npf (pet 4 r.-1)i
whose toga address to:
to ntgrta). •
gi
and
MINERAL RESERVES,INC..A COLORADO CORPORATION
Mess taw see. le: Id00 W.EMI AVENUE.DRIVERS°10111
of the Onmesalt - '
L
IYI'I ESS, That the Griner, for end /n considerate.of the an ollialrhg
DOLLARS E
the receipt and Nth felony of which Is hereby sNsDNt�granted, bargained, sold and song eyfe ver by these
rat pr does Itoge hr osin,with toll, coney and confirm ., the 6rond being their holm end esalmtt fxteen of the
Mt Protect,. together With laprwwnnto, If any. ,irate, tying end being in the Canty of
Wh7D and Snit of Colenaeb, described as folk*: r
SAS ExfBoft'A'A1TAMED HERETO AND MADE A PART HEMP
•
oleo know at street nutter 11520 WELD COUNTY ROADS,PT uncut i
t
TOGETHER oath sal end singlear end hereditament* end orpereenencee thereunto belonging, or in *the .. appertaining -
anE!thaine.rersion and reversions, renlnder and hemOtndrs, rents, bows and profits thereof; end ell the *tete• right
title Interest, clols end*mend a ntmoovor of the,remora/, either in low or equity, of, In end to the above bargained
premien, with the herediteeenta end eppMtenweee: .]
SEE EXHIBIT C qY
TO RAVE ANDTO BOLA the said premises above bewailed end described with appurtenances, unto the Gronteo(a)•
their hen, aucceaaon end *alone forever. the Granter, for Itself, Its successors and molars. does cowmen,
end agree tint it shall end will MAIM! MO TOMEI DEFIED the above-beneined premiers to the quiet and
peaceable enmeshes of the 6rerneo(s), their hetis, suceeccort and asstpa, molest ell and every pert*or persons d
dolling the whole or env port thereof, by, through or under the Grrsertel.
EXCEPT GENERAL TAXES AND ASSESSMDNTS POR THE YEAR 2001 AND SUBSEQUENT YEARS:EXCEPTIONS AS 17STED ON
EXHORT'B'ATTACHED AND MADE A PART HEREOF AS IF FULLY SET FORTH HEREIN [F
INWITNESSWh EREOF the Genera,) Awe e*oeuted thle deed en the dote set forth eteva.
i '- -%.- - GEORGE R.NORDEN LIVING TRUST
COUNTERSIGNED
Is ' 1 ;! DT: MM71N,1R h i
////// Ei.TRUSTEE
MME of -"C An-cc-At' )
)n.
crony a k L'ickC ) )
the fersootng Irstren.nt wee wknoulodged pppFfere me*TEle dry of Jo,Le 11.;001
by rrrniet.ni M7rrien,Trvstel -far-Ott CTto.ge F-AJ(Ld P'L-(�IvtI IPIA-
my ce*elaalal*Pares
((�W� hams m d y hi end official test. �Q 1
Notary Publ lc'
Escrow/ *MOW than Recorded Return to:NIIHARL MESONS; INC., A MOO.
^^n" (1206111-A CWIPOBAtlgi
IMO R. 66TR AFESG, OENWI, c0 sent
Fees We. COIN SID
vi
IZ0/6l0'i 69991 SSNLSO13 IOE03 OM 11=80 iooz.6L"Nnr
IN1�IItE'tltNTINIgMlll(u 1111ltl1111 2863092 0MZ/2DM 11:0H1 AA s ld TsulomBb
2 of 4 R MOO B 6.00 weld Conk Co
EXHIBIT A
THE N 1/2 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE
6TH P.N., COUNTY OF WELD. STATE OF COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SAID SECTION 24, THENCE S 00 DEGREES 25. 10• W.
ALONG THE EAST LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24. 1310.16 FEET
TO THE SE CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24; THENCE S 89
DEGREES 45. 34" N, ALONG THE SOUTH LINE OF THEN 1/2 OF THE NE 1/4 OP SAID
SECTION 24, 2637.68 FEET TO THE SW CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID
SECTION 24; THENCE N 00 DEGREES 12. 27• E. ALONG THE NEST LINE OF THE N 1/2 OF
THE NE 1/4 or SAID SECTION 24, 1309.10 FEET TO THE NN CORNER OF THE N 1/2 OP
TEE NE 1/4 OF SAID SECTION 24, THENCE N 89 DEGREES 44. 15" E. ALONG THE NORTH
LINE OF THE N 1/2 OF TEE NE 1/4 OP SAID SECTION 24, 2642.54 FEET TO THE POINT
OP BEGINNING.
FC106t83-
.A+
- III1111N0111111111111111111111111111111. IIII
2 ! R75,200,.. .
2Y.SB D o.la wed coIMY CO
ole
EXHIBIT J Our Order No. FC206I83-5
RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND
TOWNSHIP LINES.AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS
FOR WELD COUNTY,RECORDED OCTOBER 14,1889 IN BOOK 86 AT PAGE 273.
RIGHT OF WAY EASEMENT AS GRANTED TO FOR DITCH IN INSTRUMENT RECORDED
May 14,1918, IN BOOK 513 AT PAGE 205.
ALL OIL.GAS,MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN
INSTRUMENT RECORDED Fcbrmary 02, 1949,IN BOOK 1241 AT PAGE 331.
OIL AND GAS LEASE RECORDED March 31,1970 UNDER RECEPTION NO.1544589
IN BOOK 623 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST
THEREIN_
TERMS,CONDITIONS AND PROVISIONS OF DECLARATION RECORDED January 08.
1982 AT RECEPTION NO-1879465 IN BOOK 958.
RIGHTOF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN INSTRUMENT
RECORDED May 20. 1973, UNDER RECEPTION NO 1625129IN BOOK 703.
RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPE LINE COIN
INSTRUMENT RECORDED November 04, 1983, UNDER RECEPTION NO.1946063
IN BOOK 1012.
MATTERS AS SET FORTH ON SURVEY BY ROBERT M SAYERS DATED MAY 5,
2001,INCLUDINO BUT NOT LIMITED TO,FENCES NOT ON PROPERTY LINES,
EASEMENT FOR TELEPHONE LINES.EASEMENT FOR IRRIGATION DITCHES
ri
I maul non nuMI MINI IN MuMOttt not III um Otot my
2863092 07/0512001 11:01A JA Si"Tsukamoto
- 4 0l 4 R 20.00 0 0.00 Weld Con CO
EXHIBIT C
Water. At Closing, Seller will convey to Buyer all water rights appurtenant to or used
in connection with the Property, together with all well permits for all wells on the Property,
including without limitation Permit No_ 128682;and including but not limited to;all ditch rights,
headgates, and measuring devices; well and well rights, including permits with pumps, pipelines
and measuring devices; all tributary, non-tributary or not-nontributary(as defined in CRS 37-90-
!03 (10.7))groundwater underlying the Property, whether adjudicated or not, whether-permitted
or not; reservoirs, ponds and lakes, and reservoir, pond and lake rights, including any and all
ditches or diversion structures diverting water therein; spring and spring rights, including
structures, measuring devices and well permits; stockwater ponds and pen-nits therefor, shares of
stock in any ditch or reservoir company and leases and any other rights of use of any ditch,well
and/or reservoir water rights for water used upon or appurtenant to the Property; it being
specifically intended that all water rights, structures, permits, shares of stock in ditch and
reservoir companies and easements and structures appurtenant to the Property will be transferred
with the Property without reservation by Seller.
•
Minerals and other Rights. The Property expressly includes all minerals and mineral
rights, sand and gravel and sand and gravel rights, oil and gas and oil and gas rights owned by
Seller, all rights-of-way, easements, improvements, structures, fixtures and all other property
rights appurtenant thereto and/or owned or used by Seller in connection therewith,and any right,
title and interest in and to any adjoining or adjacent streets, roads, or rights-of-way, all vacated
alleys, streets and roads, strips and gores of land adjoining the Property described in the
Contract; provided, however, that Seller shall be entitled to retain the right to all royalty
payments paid after Closing under all oil and gas leases presently encumbering the Property for
so long as such leases remain in effect. This right to payment shall be effected by Buyer
assigning such rights to payment to Seller at Closing in exchange for Seller's conveyance of the
minerals and assignment of the lease(s).
Lafarge West, Inc. Warranty Deed
Phase 3
I119 Hill 1111111111 111 N1 IUUiI 1 I1I11 uN nN
1 d t A 6.00 D 152-S Steve Moreno Left&Aecmder
Ohl
WARRANTY DEED
TIIIS DEED_ Made this 12th day of July , 2004,
between Robert David Anderson and Ronald Dean Anderson
and Richard Dale Anderson
e.f the County of Weld and State of Colorado -
granto.and Lafarge West, Inc., a Delaware corporation
whosekgalatdresi is P.O. Box 21588, Denver, CO 80221-0558
of the County of Weld and Staled Colorado .grantee:
1VlTNESSETIL That the erartor,for and in consideration of the s mot eggiollIMISS
the receipt and sufficiency of which is hereby acknowledged,has granted bargained.sold and conveyed.and by these presents
does gat bargain.sell,convey and confiner unto the grantee,bis heirs and assigns forever,aR the real propnry together with
improvements.if any.situate.lying awl being in the County of Weld ,and Stale of Collorado,
described as follows:
The West 1/2 of the Southwest 1/9 of Section 18. Township 1 North, Range 66
West of the 6th P.M.,
County of Weld, State of Colorado
** Ronald Dean Anderson reserves all gas/oil or hydrocarbons and associated
rights of way. Lafarge (Grantee) receives all sand and gravel rights.
also known by street ad number as 12237 Weld County Road 8. Ft. Lupton, CO 80621
TOGETHER with all and singular the hereditament;and appwienna'hereunto belonging,or in anywise a pabinine.and
the reversion and reversions.renvider and tensrmdens.rents issues and profits thereof,and all the estate,right title interest
claim and dermnd whatsoever of the grantor, either in law or equity_of.in and to the above bargained premises with the
heredir urcnts and appoints-mots.
TO NAVE ANT)TO I10111 the said premises above bargained and described,with the appurtenances.unto the grapier.his
heirs:nut assigns forever. And the motor.for hinnell his heirs and personal representatives.does covenant grant.hvgain and
agree to and with the grantee.his heirs ani assigns,that at the time of One enscaing and delivery of these presents he is well
wired of the premises above conveyed. has good.sure. perfect absolute and indefeasible estate of inheritance, in law, in
lee simple.and has good right full power and lawful authority to grant bargain,sell and convey the same in manner and form
ac aforesaid.and that the same are free and clear from all former and odor pants_bargains-saes,liens.taxes.asessrrcms.
encumbrances and restrictions of whatever kind or nature soccer.except for taxes for the current year,a lien but not yet due
and payable,and these specific Exceptions described by reference to recorded documents as reflected in the Tile
Documents accepted by Buyer in accordance with section la 11111e Review),of the contract dated
April 28, 2004 ,between lbepartks., and the following matters:**
The motor shall and will WARRANT ANDFOREVER DEFEND the abovelurgained premises in the quid awl peaceable posses-
sion of the grantee his hens and assigns.against all and every penal or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural.the phial die singular,and the use of any tender shall be:pplicabe to all renders.
ers.
I WITNESS WIIEF. grantor has executed this deed on the date set forth above
ober David Ande on Ronald Dean Anderso
f' al/N/1rs L"'J'frL�o l��n`
d'chard Dale Anderson
STATE OF COLORADO
ss.
COUNTY OF BOULDER
The foregoing inewocm seas acknowledged before ones this 12th clay of July 2004 by
Robert David Anderson and Ronald Dean Anderson and Richard Dale Anderson
MyCommission expires: March 27, 2007 Wt*-t a'mr hand doffu nl
- 1 170•.Q',t �l4j,\�<
Public
BEVERLY GRIESSE Beverly Griesse
NOTO-RY rnjjc
WsttA$TT lM;{DIm PSTtAJIE ORCO eRADO File a UTIIJIsAna
My Cantriss.a Expires 312712/107
Steven S. McWilliams Warranty Deed and Gravel Property Lease
Phase 4
-
",' - - --- B 1213 REC 02159442 10/24/88 11:50 53-00 1/001 B�
r'
A82159442 - F 1652 MARY ANN FEDERSdEIN CLERK & RECORDER WELD CO, CO
. _ ____ — _ _ ._.. ___—_—__ _.
tii WARRANTY •I
DEED - I ii
r-, fit a�
l. THIS DEED,mad,this 21st day of October ...Ole . la
between Esther N. Ocher aka Esther Ocher 71
k: State//DJJoci,/q.ren-t//an' Fte I - <
I Dote/k �Yllnl c v
e •.;
i " of the i S /l. .� l;
r 3� I Coumyof Weld .State of Colorado.stamina,and ii y4 * .,;
J: , .'
rr • Steven S. flckilliaos L
- - • ..hose fegaladdtessis 12236 VCR 8, Fort Lupton t
�� 4'
I t .
ii
i. - '
oldie County of We 1d .Sure of Colorado,gry iI
urcfsh ;l Y
:l
T _ • WrTHESETH.That the gomorts7.for and in consideration of the soot of t�
II *receipt Ndsoffrctcncy (which shetebyactnodedged.ha 1 gnmcd.bargained.sold andconw)cd and by these prtseasdoes grant. 'I ;.x41
r : bargain.scat,cur-_Y.and confirm.unto the Enacts,. his heirs and coigns keen all the teal property.together with impovetneats. i'
ny.if a situate..ying and bring in foe County of Weld .State of Colorado.
J: -i des lcdnfoltxs All that part •
of the BY I/4 of Section 19 Township 1 Worth, Range 66 Vest of the II
e ? 'It 6th P.N , which lies gect of the center line of the South Platte River; EXCEPT AND RESERVING unto it ,
N1 the Grantor, see heirs and/or assigns an undivided 1/2 interest in and to all royalties paid under It y `¢
the existing oil and gas lease recorded in Book 650, Reception # 1572160 and extended by affidavit It i te _?ysx�-
� v t of production recorded in Book 725. Reception # 1647350, Weld County Records, on all existing oil P H `. '•
/ : and gas tells and any wells that nay he developed and produced in the future until October 17, 1998, , 1-1-27:',.. e •
Qv at wt.ich tin this reservation shall revert to the owners in title, at that tine, of the said part w '
f'Rt ..1/6.-'5'r) MN
by scree and
of said Section I9 It 3�t
Y
•
d umber as 12236 VCR 8, Fort Lupton, CO 80621 1 3r�_
•
Via. TOGETHER with all and yolr he hereditament;and appurtenances thereto belonging or in anywise appe ' g,and the mvsion ad. jt c-SS" _
re. . l trnOnders rents-roues and profits thereof.and all the wrote.right.titre -mu claim and d-mend whatsoever of do
g-4 a .mist i h,it by 0 equity.it in and to the above baegaiord premises with the homds nts inc.-renames •It
Ol .Vr AND TO HOLD tie aa dpmmne,Shove bargained anddescxibed with theappntenaeces.unto the gnneeesl. his heknad .7
oven rn-mr.And the gramodo.for herself, her heirs and personal represemarves do covenant eon_bargain.and II iµ14,.
agme so and anti the 3anuclsk his bars and asce at r.th atthe tine of the caseating and delivery o:thesepeesenis. she is well it
R� sited of the Tremor.Above onveyor lo s good sure.perfect.absolute and iodaftes'ble estate of inhentance in law in lee simple.and it
has eoodn M1 r 1l pour.anda.nhmdy to gram bargain sell andcmaeyihenme in and Rpm a.aforesaid.ad tt .the same are line ..
•�a and clear from all Ionic.and Aber grants.bargains.saki liens tact assesiincnes encumbrances,and msinciions of wharaer kinder rtvem snorer. *k
amp reservations, Rights or Way, and easements of record and/or visually evident: SUBJECT ID IIit
I oil and gas lease recorded July 26, 1971, Book 650, Reception #1572160 and extended Sy affidavit s a
of production, recording in Book 725• Reception #1647350; ALSO EXCEPT AND SUBJECT 10 general taxes i
' for 1981 which the Grantee herein assu.es and agrees to pay when due. .`Fee t.•
sm'•
The gantaltt clillard will WARRANTANDIAREV<R DEFEND the abeaebrge..alpmmises m the grin and peaceable possession of the n X -
potterer). M1 boss
S and assigns.against all ode-y pasoeorpersoos lawfully maiming the elicitor any pan thereof .
r&: IN WITNESS WHEREOF.the gnmiaCsl ha S atoned this deed en the dare set ri
forth abuse a y
art ��/�//�J ���"J ///'/(/��/7 o✓i.��///�. ) /f ` /(
K-} I !t/w et Y( 7 - \ I 1" d /�6L1�/s/ /
• fs:ber R. Ocker Esther Ocker a F_
a. '-
I
it 7 l Rot
Se
S 1( III r4,-.'.i+aa
• STATE
n
)))' County of Weld y}.
ii The kaeadidg'k,mp vas ackrwkdged before me this 21 day of October .1988 II
I 1a EsIiNN k chair aka Esther Ocher
1 .Iqg�. 111. n Wdness my hand and official seal . Ie
a 1 '= I:E .F•J. ,T.w.,- -x44, i
Ai,..(r /� a lit
_Q,` r ��
Ii
F Zit 1S9f ., _ .II .
lit trefk.
Warr 1030 Futon Arrow-Cy rd Ft tenter,.Cdee ed 806:1 �� F -'• ti.
.I
No_tr2 Ye-.l!5. PARR'MTV n DEED(Few nes,li lined. anntb Wd"ar a . .N V.W ii ow..aJaw,ue WTa.CO onl.n-sow ay s !' -1.
7-
,§ -
Sot f-..a •
+r'
FINAL
STEVEN S.McWILLIAMS
GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL
THIS INDENTURE,dated this J J day of jR-Nun,2y /99g [insert date of Lessor's •
receipt of Company's notice of exercise of Option],(hereinafter referred to as the'Lease"),by and
between Steven S. McWilliams,with his address being 12236 Weld County Road 118, Fort Lupton,
Colorado 80621 (hereinafter referred to as"Lessor ) and Mobile Premix Concrete, Inc., a Colorado
corporation(hereinafter referred to as the'Company"),with its address at 1400 West 64th Avenue,
Denver,Colorado 80221.
WITNESSETH
In consideration of the sum of paid by the
Company to Lessor ( '
previously paid for the Option to Lease Gravel
Property ('Option") under which this Lease is taken), the receipt and sufficiency of which is hereby
acknowledged by Lessor,which sum shall satisfy the advance minimum royalty requirement identified
in Paragraph 4 with respect to the period from the commencement date hereof to the end of the first
year of the term of this Lease,and on and subject to the terms and conditions provided in this Lease,
Lessor hereby leases, lets and demises to the Company the Materials as defined herein,in, on and
under the real property situate in Weld County and described in Exhibit A attached hereto and made
a part of this Lease (hereinafter referred to as the"Property"), and the exclusive right to sample, drill,
and test for,develop,mine,quarry,extract, process,sell,use and remove them driving the Initial Term
(as defined in Paragraph 2 below) of this Lease, along with the right during the Initial Term and
Successive Terms (as defined in Paragraph 2 below) to locate and operate with associated use
easements,as provided in Paragraph 5 below. In no event shall all or any part of the Property be used
as or for a landfill.
TOGETHER WITH the right to use and exercise the water and water rights appurtenant to the
Property that belong to Lessor ("Water Rights')to the extent appropriate for the extraction, removal
and processing of the Materials, as well as for revegetation and reclamation, and including exposure
of alluvial waters to evaporation.
1. Definitions.
A. Commercially Economic Materials shall mean all Materials that are removed
from the Property and all Materials that can be sold at a profiL The determination of whether Materials
can be sold at a profit shall be determined by Company in its sole and exclusive discretion.
SL99O32O.237
FINAL
Mobile Premix Concrete, Inc.
Attn: Land Department
1400 West 64th Avenue
P.O.Box 21588
Denver,Colorado 80221
Steven S. McWilliams
12236 Weld County Road#8
Fort Lupton,Colorado 80621
21. Entire Agreement. This Lease contains the entire agreement between the parties
hereto,and neither it nor any part of it may be changed, altered,modified,or limited orally or by any
agreement between the parties unless such agreement be expressed in writing, signed, and
acknowledged by the Lessor and the Company, or their respective heirs, personal representatives,
successors and assigns.
IN WITNESS WHEREOF,this Gravel Property Lease with Right of First Refusal has been duly
executed as of the date first above written.
MOBILE PREMIX CONCRETE, INC- STEVEN S. McWILLIAMS
By- 1 d%.at( /J-/ ►c�� z/ �.?(Y.U.Ztf 6/WA
Position: get-vra ,Q /t&. i
•
u.990M.B,
FINAL
EXHIBIT A
PROPERTY
AA that part of the NW 1/4 of Section 19,Township 1 North,Range 66 West of the 6th P.M.which lies
west of the center line of the South Platte River,Weld County, Colorado,
EXCEPT:
A parcel of land located in the NW 1/4 of Section 19, Township 1 North, Range 66 West of the 6th
Principal Meridian,Weld County,Colorado,more particularly described as follows:
Commencing at the northwest corner of said Section 19, thence S 00011'42"W, along the west line
of said NW 1/4, a distance of 30-00 feet thence N 90000'00" E, along a line 30.00 feet south of and
parallel with the north line of said NW 1/4,a distance of 747.67 feet to the Point of Beginning of said
excepted parcel;
1) Thence continuing along said parallel line, N 90000'00' E, a distance of 882-35 feet to the
centerline of the main channel of the South Platte River (1997) and continuing along said
centerline the following 5(five)courses;
2) Thence S 22021'23'W, a distance of 119.58 feet;
3) Thence S 33019'22"W, a distance of 67.31 feet;
4) Thence S 43051'39"W, a distance of 182.10 feet;
•
5) Thence S 46041'03"W, a distance of 182.88 feet;
6) Thence S 35251'46"W, a distance of 4.35 feet;
7) Thence departing said centerline, N 90000'00"W, a distance of 54211 feet;
8) Thence N 00033'48"E, a distance of 427.13 feet to the Point of Beginning of said excepted
parcel,containing 7.273 acres,more or less.
•
SL990320:,,
Chikuma Family, LLC.Bargain and Sale Deed and Gravel Property Lease
Phase 5
•
216141$ t11Y1812002 tf:00► add Omar CO
1 of 1 A 0.00 0 0.00 1JL"Set Tsuk rob
BARGAIN AND SALE DEED
rs-SDEEDLSMADETDCORRECTdteBARGAINANDSAIEDEFDpreviouslyexea IbyM
K.Cltl iana and thereafter recorded on December 27.2001 in the recoetkOf Weld County.Colorado at
Reception 0 2912395
THIS DEED,made April30,2002,between MARY K.CHIKUMA,of Weld County,State of
Colorado.grantor,and theCHICUMA FAMILY LLC.,a Colorado limited liabStycompany,whose legal
address is 3550 Weld County Road,Ft Lupton,Colorado.80621,grantee-
Se and other valuable consideration,the receipt and sufficiency of whirl.
is acknowledged,grantor sells and conveys unto the grantee,its successors and assigns,forever,all the
right,tide,interest,claim and demand which the grantor has in and to the real property,together with
improvements,if any,in die County of Weld and State of Colorado,described as follows-
The N of Section 13,Township I North,Range 67 West of the 6th P.M.,and
the V/'A of the NW 1/4 of Section 18,Township I North,Range 66 West of the 6"P.M.,
Weld County,Colorado.
Except rights of way as conveyed by Deeds recorded in Book IS,Page 81,and
Book 287,Page 208,Weld County Records.
Except reservations as contained in Patent recorded in Book 20,Page 357,Weld
County Records.
Except rights of way for pipe lines as conveyed by instruments Recorded in Book
691 as Reception No. 1613042,Book 693 as Reception No. 1614812,Book 698 as
Reception No. 1620035,Book 703 as Reception No. 1624605,Book 724 as Reception
No. 1645678 and Book 753 as Reception No. 1674640,Weld County Records.
All water rights, including 160 shares of The New Brantner Extension Ditch
Company and 2.35 shares of The Brighton Ditch Company.
All mineral rights,excepting oil_gas and associated liquid hydrocarbons.
TO HAVE AND TO HOLD together with any and all appurtenances and privileges.and all the
estate,right,title,interest and claim whatsoever,of the grantor,either in law or equity,to the only proper
use and benefit of the grantee,its successors and assigns forever.
The grantor has executed this deed on the date set forth above.
!AA. k
MAR`k.CHIKUMA
STATE OF COLORADO
ss-
CI Y AND COUNTY OF DENVER
The foregoing instrument was acknowledged before me on April 30. 2002 by MARY K
CHIKUMA
Witness my hand ad official seal.
My commission expires: lafea e'risie"hpies 1211. 03
:,.::,,.may.,.. ,, Phblic
V: � 1120 Lincoln Street,Suite 1100
.-8 i Denver,Colorado 80203
I O:t i
h.�4TBOF _
19-5
2912395tt/27J>!0, aft. JA td1 Tadao*
1 of I R BAN D D.00 Weld fly CO - —
BARGAIN AND SALE DEED
THIS DEED,madeLn- ,2 4 .2001.between
MARY IC CHIXUMA,of Weld County.State of Colorado.
grantor,and the CHIKUMA FAMILY L-L.C-,a Colorado limited
liability company,whose legal address is 3550 Weld County Road.
Ft.Lupton.Colorado.80621,grantee.
and other valuable consideration.
die receipt and sufficiency of which is acknowledged, grantor sells and conveys unto the grantee, its
successors and assigns,forever,all the right,tide,interest,claim and demand which the grantor has in
and to the real property,together with improvements,if any,in the County of Weld and State of Colorado.
described as follows:
The N t/of Section 13.Township 1 North.Range 67 West of the 6th P.M.,and
the W 54 oldie NW 1/4 of Section 18,Township I North.Range 66 West of the 6"P.M-,
Weld County,Colorado;subsequent to May 21. 1971,at 7:45 o'clock A.M.
Except rights of way as conveyed by Deeds recorded in Book IS, Page 81.and
Book 287,Page 208,Weld County Records.
Except reservations as contained in Patent recorded in Book 20.Page 357,Weld
County Records.
Except rights of way for pipe lines as conveyed by instruments Recorded in Book
691 as Reception No. 160042. Book 693 as Reception No. 1614812, Book 698 as
Reception No. 1620035, Book 703 as Reception No. 1624605,Book 724 as Reception
No. 1645678 and Book 753 as Reception No. 1674640,Weld County Records.
All water rights. including 160 shares of The New Brumes Extension Ditch
Company and 2.35 shares of The Brighton Ditch Company.
All mineral rights-excepting oil,gas and associated liquid hydrocarbons.
TO HAVE AND TO HOLD together with any and all appurtenances and privileges,and all the
estate,right,the,interest and claim whatsoever,of the grantor,either in law or equity,to the only proper
use and benefu of the grantee.its successors and assigns forever.
The grantor has executed this deed on the date set forth above.
��,tw.. err
MAR7TC.CHIKUMA
STATE OF COLORADO
)ss-
COUNTY OF WELD
The foregoing instrument was acknowledged before me on/2 J/ .2001 by MARY
K.CHIKUMA. —'
Witness my hand and official seal-
•
My commission expires: -
!LY0 - Notary Public
oOTqt _z Address: ditc— 7 n -
• BIIC Y
337 -
-
DATt OCCKTEMOty STAlt Of Coalman
STATE OF COLORADO
CERTIFICATE OF DEATH
/.---
238-684 et r CsAN O..COttONI ll
YAM int C.WV•4•
t*CSaMI. •.._•r •., Wa. tear
_ HARRY SATOSHI _ CHIKUMA , Hale .December____ __2,_.1985__ _ _ __ _
045 rn..... Ibn rr.tr.so scea Am - tn.•raw_•.tu VMr w• OO;p*MTM M11/.[.p• .
Yellow __Japanese 73 j_ . MarcIsah $, 1912 Weld
�:1• •.i..Y,.,.l.,IY...ry.s.. _.__ "IW.•a,1„WO(w,p$rtl•n _ __.___ _ _
a _ F . Lupton ., 3550 Weld County Road /23
ysTa_ric:c;,.-_._--.,loni7w:ri•;.�tnui•P::Tn.•dwtinirt�..7vr+ao, w+vw.cswwst -ti _--.17iun:ein=.:;:i31 T!._...._._. :ac0010.0.Y0at(O..-... jasen.so:- s• - . .
ye . Colorado J. U.S.A. ,., Married_ •• Mary Kivomi Nishikaw o
a scrq x..f-...•gang rvs,n.xn arr..._.-,.-.... �._1'-- - _ -.--_"--
522=48-4759 F Farmer �— �� Agriculture
.,!'Oily.! St.n CW.t. tee r.TOW on torn•M. !.! VW f Ana.MM.41• -_-FS:n -7
•
Colorado I+ Weld •r_-.ts -.
tilt. Lupton 80621 3550 Weld County Rd. /23, !. No
b. Cotaro Chikuma a Yoshi Hatsunaga
TrO.W..tt..u0( .._�.•.•- • Wotn•a.0004 SS net to ea.t•-W C....Os.•w.. woo M
4r. Mary Kiyomi Chikuma wife .3550 Weld Co. Rd.123 Ft. Lupton CO 80621
8 iu0!a. Ci4•tai.0u.11EO0••M raw t....•.. cmennucm CM wiOAY.M1...4 AND 000ATK/• (•t.as t.... t•..t
Q "Z.,16:111 .. Elmwood Cemetery Brighton Colorado
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5 ,- hn R. ee .16i7 IGrist'$HighlandMortuarv,300E.104thAve.,Dehver•Co8023"
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t awn a0M(R p N�'dn •nr t _ —
Wan
',John M. Hiner, M.D. 1929 Egbert Brighton, Colorado
I.CG3t.AA OAI(a(CcMOt' A(4Kuu......-O.._•n-.
I... w•'— 2/i'-T . 'rrl/.mnr✓l Deputy 2. December 6 1985
'' Pa., lel(A Ian• 0444HS\ /On utast at.toI
Old k.. ..s At Ol(.Or CO
tas.unalt CAW:. /If
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----
cCCY(:, .o...K•0(. :i.:l t-....1....).s.Or TAM, 019(1,<f Ws,n.wan Of.NAA.J
C1Ot-rA ,•KJ H..•Y/.wv(S•CaaY.J"'- • -"
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O,rA.rY.f;l,A. ....... flack O••nu.._.y..^- '\Kat,pn 0•MC,Os..w Y.Ca-0.•
' '''• N. �.. Y- I
I HEREBY CERTIFY THIS DOCUMENT IS A TRUE AND CORRECT COPY OF THE RECORD IN MY
CUSTODY AS REQUIRED BY LAW.
Witness My n and Seal
NOT VALID WIT((OVT This I day of Decemb r , 1985
LOCAL REGISTRAR'S A
SEAL - / De ut
CAL REG RAR OF VITAI TATISTICS
Ralph R. Wooley, MO, MPH Registration strict Numbe 230
Medical Director Greeley , Colorado
WELD COUNTY PENALTY BY LAW if an
DEPARTMENT OF hEALT1I Y person alters, uses, attempts
to use, or furnishes to another for deceptive use
any vital statistics certificate.
I illI IIII I lill Illillilill MI III
1928337nines414:15P .1A as *Ta a
1 of 2 R 10.50 0 0.00 Weld Dm*CO
EXHIBIT"A" •
HARRY CHIKUMA, AKA HARRY SATOSHI CHIKUMA
DOCUMENTS TO BE RECORDED:
CERTIFICATE OF DEATH
RECORD TO THE LEGAL DESCRIPTION LISTED BELOW:
TOWNSHIP 1 NORTH,RANGE 66 WEST
SECTION 18: LOT 1 (W/2NW/4)
TOWNSHIP 1 NORTH. RANGE 67 WEST
SEC. 13: N/2
WELD COUNTY, COLORADO
I 11111 nia111 !'l IMllii O
2921337 02f2V2012 04:11P JA kid Tsakasolo
2 of 2 R 10.00 D 0.00 Wild Coaaty CO
DL 2/1S/02
GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL
dated this ,Ti. day of 2002(hereinafter referred to as
THIS INDENTURE. �� , L.L-C., a Colorado limited liability
this "Lease'), by and between the C�UMAse aAddrftess is 3550 Weld County Road 23, Fort
company, Taxpayer I.D. Na 84-1567524, RESERVES,INC.-t
Lupton.Colorado 80621 (hereinafter referred to as"Lessor")and MINERALith S addressRE at 1400 West b to
th
Colorado corporation(hereinafter referred to as the"Company").M
Avenue, Denver, Colorado 80221, Attention: Division Land Manager.
WITNESSETH
In consideration of the
0 or on behalf of Lessor,the receipt and sufficiency of which is
hereby acknowledged by Lessor, and on and subject to the terms and conditions provided in this
Lease,Lessor hereby leases, lets and demises to the Company the Materials as defined herein,in.on
and under the real property situate in Weld County and described in n Exhibitd e attachediac heretoto sa and
operty"),made a part of evel Lease , mine,
quarrry,
referredct,o as the rocessrssell use and remove them during the Term
drill,and test for,develop, mine, quarry, process,
of this Lease, along with the right to locate and operate and /or sublease aggregate- asphalt and
concrete plants and with associated easements as provided herein.
Definitions.
A. Lease Year shall mean a period of one year beginning on the date which the Lease is
executed by Lessor or on any annual anniversary thereof.
B. Materials shall mean stone, sand and gravel and any overburden and valuable solid
minerals, other than hydrocarbon minerals such as coal, oil,gas and associated liquid hydrocarbons,
that are removed incident to sand and gravel operations hereunder and which are saleable and
recoverable from the Property in the course of such operations.
C- Plant shall mean a facility for processing,storing, washing, sorting, handling loading
and shipping of Materials, along with ancillary facilities, and shall also mean a concrete or asphalt
batch plant.
Term- The Term of this Lease shall be an initial period of thirty (30) years
commencing on the 1st day of May, 2002, and ending on the 30th day of April, 2032 ("Term")
Provided the Company is conducting commercial mining operations at the end of the initial Term the
Company may obtain an extension of the Term for so long written notice to
after the en
d of thesor inpritial
to Term
end Lecommercial mining operations continue on the Property by
of the initial Term. Commercial mining operations shall be deemed to continue on the Property
during such extended term unless there is a total cessation in extraction or processing. operations of
Materials from the Property for a period in excess of one year The period of any extension of the
initial Term pursuant hereto shall likewise be considered to be within the Term of this Lease.
agreement between the parties unless such agreement be expressed in writing, signed. and
acknowledged by the Lessor and the Company. or their respective heirs, personal representatives_
successors and assign&
28. Counterparts. This Lease may be executed in one or more counterparts_each of which
shall be deemed an original and all of which together shall constitute one and the same Lease.
IN WITNESS WHEREOF.this Gravel Property Lease with Option to Purchase has been duly
executed as of the date first above written
LESSOR:
CHIICUMA FAMILY, L.L.C.
By: Via r_
Mary/C. Chikuma. Manager
LESSEE (THE COMPANY):
MINERAL RESERVES, INC.
By:
� /�
��-�
aevanc- -
!� /7L ttitle)
- 13 -
EXHIBIT A
PROPERTY
The N'/of Section 13, Township 1 North, Range 67 West of the 6'h
P.M_, and the W'V of the NW'/. of Section 18. Township 1 North_
Range 66 West of the 6th P.M_, Weld County_ Colorado.
B-1
Clun.n.Lose FINAL dot
This pare was updated in conjunction with the USR Application. June 23, 2005
City of Thornton Special Warranty Deed and Partial Assignment and Consent
Agreement
Phase 6
Ft.Lupton Pit
DMG Ili Pe.nit
Page 69 of85
•
i � riMOS 12/01/2000 11:38A JA Sold o! di
l of 5 R 25.09 0 9.00 Weld Cows CO kuiw�
' 1 8O
SPECIAL WARRANTY DEED
THIS DEED,made this a k{ 'day of November,2000,between D&S MINING, INC.,
of the County of Weld,State of Colorado,grantor and the CITY OF THORNTON,a Colorado
municipal corporation, of the County of Adams,State of Colorado whose address is 9500 Civic
Center Drive,Thornton,CO 80229,grantee
WITNESSETH That the grantor,for and in consideration of the sum ofS
the receipt and sufficiency of which is hereby acknowledged,
has granted, bargained,sold and conveyed, and by these presents,does grant,bargain, sell,
convey and confirm,unto the grantee, and its successors and assigns,forever, all the real
property,together with improvements, if any,situate,lying and being In the County of Weld,
State of Colorado,described as follows:
The West Y: of the Southwest Ys of Section 7,Township 1 North, Range 66 West,6h Principal
Meridian,and
The East Y:of the Southeast Ya of Section 12,Township 1 North,Range 67 West, 6' Principal
Meridian
SUBJECT TO:
a. Oil and Gas Lease recorded December 1, 1956 in Book 1376 at Page 250,
between Lena Adcerson and The California Company.
b. Oil and Gas Lease recorded April 22, 1970 in Book 624 at Reception No.
1545940, between Doris Ackerson and T. S. Pace.
C. Right-of-way as granted to The Denver Laramie and Northwestern
Railway Company as set forth in Instrument recorded February 13, 1909 in Book
289 at Page 539.
d. Right-of-way set forth in instrument recorded December 28, 1920 in
Book 628 at Page 254.
e. Right-of-way as granted to Colorado Central Power Company set forth in
instrument recorded January 22, 1948 in Book 1229 at Page 448.
f. Right-of-way as granted to the United States of America set forth in
instrument recorded October 10, 1958 In Book 1431 at Page 574.
g. Right-of-way as granted to Amoco Production Co. as set forth in
instrument recorded January 11, 1973 in Book 683 at Reception No. 1605178.
Page 1 of 3
LIMN II lg In I IIInll
2810190 12/8112000 1118A JA kid Tsalramoto
2 of 5 R 25.00 D 0.00 Weld Cormq CO
h. Rights-of-way as granted to Colorado Interstate Gas Corp. as set forth in
instruments recorded November 19, 1973 in Book 703 at Reception No.
1625016,and November 17, 1975 In Book 753 at Reception No. 1674723.
i. Right-of-way as granted to Panhandle Eastern Pipeline Co.as set forth In
instrument recorded December 2, 1975 In Book 754 at Reception No. 1675875.
j. Right-of-way as granted to Mountain States Telephone and Telegraph Co.
as set forth in instrument recorded June 7, 1985 in Book 1072 at Reception No.
2012673.
k. Right-of-way as granted to KN Front Range Gathering Co. as set forth in
instrument recorded August 13, 1993 in Book 1397 at Reception No. 2346144.
I. Right of way for county roads 30 feet wide on either side of section and
township lines,as established by the Board of County Commissioners, Weld
County, recorded October 14, 1889,in Book 86, Page 273.
m. Taxes and assessments for the current year, payable January 1, 2001.
E CEP11NG AND RESERVING THEREFROM:
a. Water and water rights evidenced by shares in the Brighton Ditch owned
by D&S Miring, Inc.which may be appurtenant to the Property;
b. The right to receive, and the obligation to return or refund,rentals and
royalty payments under the existing LPacn Agreement dated August 15,
1996 between D&S and Richardson Contracting,Inc. and the
Assignment,Amendment and Consent Agreement dated April 20, 1998
("Mining I Pace")until 12:00 midnight on August 15, 2018.
c. Any and all mineral interests(excluding sand and gravel)currently
owned by D&S Mining,Inc
d. Any deep bedrock(Senate Bill 5)groundwater. Excluding therefrom any
right the owner of said groundwater may have to enter upon the Property
to extract said groundwater.
also known by street and number as: vacant land;
Page 2 of 3
•
•010100 12N112100 11'd0A IA Sold Tsolrawoto
al 5 R 25.00 0 0.00 Weld County CO
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging,or in anywise appertaining,and the reversion and reversions,remainder and
remainders, rents,issues,and profits thereof: and all the estate,title,interest,claim and
demand whatsoever of the grantor either in law or equity,of,in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances,unto the grantee its successors and assigns forever. The grantor for Itself and
successors does covenant and agree that It shall and will WARRANT AND FOREVER DEFEND
the above-bargained premises in the quid and peaceable possession of the grantee, its
successors and assigns,against all and every person or persons claiming the whole or any part
thereof, by through or under the grantor.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
D&S MINING,INC. /f
•
�- 7.-Lefer �t 4Y�A.li fi
President
STATE OF COLORADO )
)ss.
cowrie OF_s
sm The foregoing instrument was acknowledged before me this] day of
C>%-^) , 2000 by Freda Drelling,President of D&S Mining, Inc
W my hand and official seal.
7
My commission expires: I st rJ O
Notary Publics
Address:
.-a Page 3 of 3
I Iii ii !; I� nun
umu
NUMwaNUM 1210112000 �� "'
in
Ina
1 or b R 26.00 0 0.00 Weld Candy 00 ote
COVENANT NOT TO IRRIGATE
(Dry-Up Covenant)
Notice is hereby given that D & S Mining, Inc., Freda Dreiling, Myrna
Slabaszewski and their predecessors in interest have continuously and historically
irrigated certain lands underlying the Brighton Ditch. These lands indude the
following parcel of approximately 168 acres:
The WVz of the SW% of Sec. 7,T1N, R66 West of the 6th P.M. and the Elh of
the SE% of Sec. 12, T1N, R66 West of the 6th P.M., both in Weld County,
Colorado.
D&S Mining,Inc.contemplates conveying the above-described real property
to the City of Thornton and, as part of that transaction, is not conveying the
appurtenant water rights such as the interests in the Brighton Ditch Company shares
which historically irrigated said property.
D & S Mining, Inc., Freda Dreiling and Myrna Slabaszewski contemplate the
separate sale and transfer of their interests in the Brighton Ditch Company, and the
purpose of this Covenant Is to be able to give assurances that this historic acreage
will never again be irrigated by waters from the Brighton Ditch once the-water is
transferred to a new use by an appropriate proceeding in Water Court.
However, nothing herein shall be construed to prevent any future owner of
both the land and Brighton Ditch Company shares from reapplying said water to
irrigation uses on the above described property by appropriate proceeding in Water
Court. Nor shall anything herein be construed to prevent any future owner of the
above described property from utilizing Brighton Ditch Company shares for the
creation and filling of any reservoir developed on the property. Nor shall anything
herein be construed as a release of D & S Mining, Inc., Freda Dreiling and Myrna
Slabaszewski from any obligation they may have to supply Brighton Ditch Company
water to the property under the Lease Agreement dated August 15, 1996 between
D & S and Richardson Contracting, Inc. and the Assignment, Amendment and
Consent Agreement dated April 20, 1998 ("Mining Lease".
aow4 71
III
- 21101$ 1210111000 1118A a Odd TS:emote
O of 5 R 25.00 0 0.00 Weld Coeegl CO
As part of this Covenant Not to Irrigate, which will run with the land, D &S
Mining, Inc., Freda Dreiling and Myrna Slabaszewski and their respective heirs,
successors and assigns, retain the right to enter upon, locate and maintain
monuments in the field that may be required by the State Engineer or the Division
Engineer in order to enforce this Covenant.
etterins5P2
DONE this 2$e day of August, 2000.
D &S Mining, Inc.
sy Zu - ,tip./6*.
President Freda Dreiling
4 4
M Slabaszews
PARTIAL ASSIGNMENT AND CONSENT AGREEMENT
This Partial Assignment and Consent Agreement is made and entered into this IA day
of November,2000 by and among D&S Mining,Inc.,a Colorado corporation,whose address is
4025 Weld County Road 23,Fort Lupton,Colorado 80621 ("D&5")and the City of Thornton,a
Colorado municipal corporation,whose address is 9500 Civic Center Drive,Thornton,Colorado
80229 ("Thornton").
RECITALS
A. WHEREAS,D&S entered into that certain Lease Agreement dated August 15,
1996 with Richardson Contracting,Inc. for the right to mine gravel on approximately 200 acres
in Weld County, Colorado("Mining L--cr").
B. WHEREAS,that Mining Lease,among other things,was assigned on April 20,
1998 to Mobile PreMix Concrete,Inc.for the right to mine the subject property.
C. WHEREAS,on or about April 20, 1998 the City of Thornton initiated a
condemnation proceeding in Weld County District Court(Case No.98-CV-449)which sought to
acquire the approximate 168-acre parcel in the Southeast Quarter of Section 12,Township I
North,Range 67 West as a water storage facility after the gravel mining had been completed and
subject to the Mining Lease of August 15, 1996.
D. WHEREAS,D&S and Thornton entered into a settlement of that litigation which
included a Purchase Agreement of August 28,2000. That Purchase Agreement was closed on
November 28,2000 and D & S conveyed the approximate 168-acre parcel to Thornton.
E. WHEREAS,as part of the settlement,the said litigation and in accordance with
the Purchase Agreement,Thornton is to take title to the approximate I68-acre parcel,among
other things,subject to the Mining Leasr as amended and assigned to Mobile PreMix Concrete,
Inc.
F. WHEREAS,D&S is entitled to receive all rentals and royalty payments
(including the obligation to return or refund any such rentals or royalty payments),but Thornton
desires to assume all other rights or obligations of the Mining Lease for the 168 acres it has
acquired.
G. WHEREAS,this partial assignment does not relate to or affect the approximate
40-acre parcel in the Northeast Quarter of the Northwest Quarter of Section 12,Township I
North,Range 67 West where an existing sand and gravel pit is located.
Partial Assignment and Consent Agreement
D&S Mining,Inc./City of Thornton
Page 2
AGREEMENT
NOW THEREFORE,in consideration of the covenants and agreements contained herein
and referenced above and other good and valuable consideration,the receipt and adequacy of
which are hereby acknowledged,the parties hereto agree as follows:
1. D&S hereby makes a partial assignment to Thornton of all of its right,title and
interest in the I rase Agreement of August 15, 1996 as amended on April 20, 1998,subject to the
following reservations
a. This partial assignment relates only to the approximate 168 acres in the Southeast
Quarter of Section 12 and does not relate to the approximate 40-acre parcel in the
Northeast Quarter of the Northwest Quarter of the same Section 12.
b. D&S will continue to receive all rentals and royalty payments under that base
Agreement and will continue to have the obligation to return or refund any of said
rentals or royalty payments in accordance with that agreement
c. D& S shall continue to have the obligation to provide the use of the.45 share of
the Brighton Ditch Company water for the term of the Mining Incr.
2. Thornton accepts this partial assignment on the terms and conditions set forth
above. Thornton acknowledges that the extent or manner of sand and gravel mining operations is
to be determined by Tenant,subject to the terms and condition of the Leases.
Partial Assignment and Consent Agreement
D& S Mining,IncJCity of Thornton
Page 3
D& S MINING,INC.
By: �✓tg2 rD. liuq Dated: /J-aa-co
Freda Dreiling,Presiidengt
STATE OF COLORADO )
)ss-
COUNTY Ol )
SUBSCRIBED AND SWORN to before me by Freda Dreiling thisaF4hday of
November, 2000. Witness my hand and official seal.
My commission_ezpires; \' 1 .oa
C>th-r-triccfrJ
[SEAL] 'S Notary Publi
CITY OF THORNTON-:;C
By: Dated: 1 `"!51`2_000
a ge, anger
ATTEST: ,tntNancy Vin�ity. Clerk
APPROVED AS TO FORM:
Margaret eric
Thornton City Attorney
SPECIAL WARRANTY DEED
THIS DEED, made this- /5 k day of November,2000,between D&S MINING, INC.,
of the County of Weld, State of Colorado,grantor and the CITY OF THORNTON,a Colorado
municipal corporation, of the County of Adams,State of Colorado whose address is 9500 Civic
Center Drive,Thornton,CO 80229, grantee:
WITNESSETH,That the grantor, for and in consideration of the
the receipt and sufficiency of which is hereby acknowledged,
has granted, bargained, sold and conveyed, and by these presents, does grant, bargain,sell,
convey and confirm, unto the grantee, and its successors and assigns, forever,all the real
property, together with improvements, if any, situate,lying and being in the County of Weld,
State of Colorado,described as follows:
The West Itz of the Southwest Y4 of Section 7,Township 1 North, Range 66 West, 6'"Principal
Meridian, and
The East Yz of the Southeast Y4 of Section 12,Township 1 North, Range 67 West,6m Principal
Meridian
SUBJECT TO:
a. Oil and Gas Lease recorded December 1, 1956 in Book 1376 at Page 250,
between Lena Ackerson and The California Company.
b. Oil and Gas Lease recorded April 22, 1970 in Book 624 at Reception No.
1545940, between Doris Ackerson and T. S. Pace.
c. Right-of-way as granted to The Denver Laramie and Northwestern
Railway Company as set forth in instrument recorded February 13, 1909 in Book
289 at Page 539.
d. Right-of-way set forth in instrument recorded December 28, 1920 in
Book 628 at Page 254.
e. Right-of-way as granted to Colorado Central Power Company set forth in
instrument recorded January 22, 1948 in Book 1229 at Page 448.
f. Right-of-way as granted to the United States of America set forth in
instrument recorded October 10, 1958 in Book 1431 at Page 574.
9. Right-of-way as granted to Amoco Production Co. as set forth in
instrument recorded January 11, 1973 in Book 683 at Reception No. 1605178.
Page 1 of 3
h. Rights-of way as granted to Colorado Interstate Gas Corp.as set forth in
instruments recorded November 19, 1973 in Book 703 at Reception No.
1625016,and November 17, 1975 in Book 753 at Reception No. 1674723.
i. Right-of-way as granted to Panhandle Eastern Pipeline Co.as set forth in
instrument recorded December 2, 1975 in Book 754 at Reception No. 1675875.
j. Right-of-way as granted to Mountain States Telephone and Telegraph Co.
as set forth in instrument recorded June 7, 1985 in Book 1072 at Reception No.
2012673.
k. Right-of-way as granted to KN Front Range Gathering Co. as set forth in
instrument recorded August 13, 1993 in Book 1397 at Reception No. 2346144.
I. Right of way for county roads 30 feet wide on either side of section and
township lines,as established by the Board of County Commissioners,Weld
County, recorded October 14, 1889,in Book 86, Page 273.
in. Taxes and assessments for the current year,payable January 1, 2001.
EXCEFTING AND RESERVING THEREFROM:
a. Water and water rights evidenced by shares in the Brighton Ditch owned
by D&S Mining, Inc. which may be appurtenant to the Property;
b. The right to receive, and the obligation to return or refund, rentals and
royalty payments under the existing Lease Agreement dated August 15,
1996 between D&S and Richardson Contracting, Inc and the
Assignment, Amendment and Consent Agreement dated April 20, 1998
("Mining Leased until 12:00 midnight on August 15, 2018.
c. Any and all mineral Interests(excluding sand and gravel)currently
owned by D&S Mining,Inc.
d. Any deep bedrock(Senate BM 5)groundwater. Excluding therefrom any
right the owner of said groundwater may have to enter upon the Property
to extract said groundwater.
also known by street and number as: vacant land;
Page 2 of 3
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining,and the reversion and reversions,remainder and
remainders, rents,issues,and profits thereof; and all the estate,title,interest,claim and
demand whatsoever of the grantor either in law or equity,of,in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantee its successors and assigns forever. The grantor for itself and
successors does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND
the above-bargained premises in the quiet and peaceable possession of the grantee,its
sirrrresors and assigns,against all and every person or persons claiming the whole or any part
thereof,by through or under the grantor.
IN WTTNFSS WHEREOF,the grantor has executed this deed on the date set forth above.
D&S MINING,INC.
By: T.1,A 4Y L Acez�i.w9
President
STATE OF COLORADO )
)ss-
COUNTY OF_;0 rl
Am The foregoing instrument was acknowledged before me day of
\v C - , 2000 by Freda Dre3Cng,President of D&S Mining,Inc
Wi my hand and official seal.
My commission expires: LMI0 D
Notary Public,
Address:
Page 3 of 3
Mineral Reserves, Inc. Bargain and Sale Deed, Special Warranty Deed and
Warranty Deed
Phase 7
•i� ����w�e�
noses 17i*01l001 IItt7A a 1St TottataMa
1 M 2 R 10.00 0 0.00 Weld Conti CO
496 BARGAIN AND SALE DEED
THIS DEED,Made this 276 day of November,2001,between FREDA LEE DREILIING,formerly known as Freda Lee
Ackerson,MYRNA KAY SLABASZEWSKI,formerly known as Myrna Kay Ackerson,LARRY R. LEMWEBER as
personal representative of the Estate of Mary E.Leinweber,also known as Mary Evelyn Leinweber,formerly known as
Mary Evelyn Ackerson.Deceased,and D&S MINING.INC.,a Colorado corporation,of the County of Weld and State
of Colorado,Grantor&and MINERAL RESERVES,INC.,a Colorado corporation,whose legal address is 1000 West 64°
Avenue,Denver,Colorado*0221.Attention:Duane Bettis.Division Land Manager,of the City and County of Denver,
State of Colorado.Grantee:
Wf7NESSETH,that the Grantors,for ten dollars and other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,sell and convey to Grantee all right,title,claim and demand of Grantors in and to all the
real property situate,lying and being in the County of Weld,State of Colorado,described as follows:
The SE%of the NW%.of Section 12,Township I North,Range 67 West of the 66 P.M.
(conveyance made to clarify that die intent oldie Quit Claim Deed recorded February 5,
1992 in Book 1325 as Reception No.2277307 was to convey to D&S Mining.Inc.,the
NE%of the NW%of said Section 12); and
Vacated roads,streets,alleys or rights-of-way and any strips and gores of land within or
adjoining the following described land in said Section 12:
The NW Y.of the SEY.and the East 30 acres of the NE%of the SW Y.;
The SEV.oldie N W Y.;
The S%of die East 60 acres of the SW%and the West Quarter of die SWY..of the
SPA;and
The East 30 acres of the SW%of the SE%•,
EXCEPTING AND RESERVING TO GRANTORS, HOWEVER, as their interests
therein may now appear of record,the SWY..NW'/.,die NE'V.NW%and the E'ASEY.of
said Section 12.
Vacant Land—No Street Address
With all appurtenances
TO HAVE AND TO HOLD the premises above bargained and described with the appurtenances unto the Grantee, its
successors and assigns forever.
IN WITNESS WHEREOF,she Grantors have executed this deed on the date set forth above
Is& �'.UQ" t✓t.4Gt.l'[irt.P'
Freda Ice Drciling,
(Ada Freda Lee Ackerson filch Myrna IC Ackerson
D&S MINING,INC.,a Colorado corporation,
Z_
Larry R.- Leinweber as Personal —� g
Representative of the Estate of Mary By: ---(ACC akr-aLe. .ltde
Evelyn Leinweber. a/k/a Mary E Freda Lee Dreiling,President
Leinweber, f/k/a Mary Evelyn
Ackerson,Deceased (Seal)
2001400 11/3112011 Oita a gidi(Tadowols
2 of 2 R 70.00 D Ott Wald Peaty CO
STALE OF COLORA/sc — )
COUNTY OF t 'ss.
The foregoing instrument was acknowledged before me iHc2 day of November,2001 by Freda Lee Dreiling,
MU.Freda Lee Ackerson,and Myrna Kay Slabastewski,Ok/a Myna Kay Ackerson.
Witness my hand and official seal. .Q.0
+TA0
q}
My commission expires: •
STATE OF CO DO ) �Y ' !tzs BL.:-:PrO;'
SS- `OP COL—"
COUNTY OF ) yrglmamatEyt c tivaal
The foregoing instrument was acknowledged before me this21day of November,2001 by Larry R.Leinweber
as Personal Representative of the Estate of Mary Evelyn Leinweber, a/k/a Mary E. Lcinweber, filch Mary Evelyn
Ackerson.Deceased.
Witness my hand and official seal.
_ EM
My commission expires:
•A422.0
,i
Public
150
STATE OF COCA ADO ) AbetAcc O�%,
)s= I � ° o
COUNTY OF tea_
)The foregoing instrument was acknowledged before me thisa2day of November,2001 by Freda Lee Dreiling,
17k/a Freda Lee Ackerson,individually and as President of D&S Mining.Inc_a Colorado corporation_
Witness my hand and official seal. 't
My commission expires i7 - 2
Public
�1a`ti,V81�G:lOD;
SOP
wcass6110 t70t>o
• MOM TIMM1 an* 1A AM TattlaaaN •
1 of 4 R 20.00 D 100.31 Wald Cau*r CO
Ati SPECIAL WARRANTY DEED
THIS DEED,Made this 2J'day of November,2001,between FREDA LEE DREIT.HNG,fp.mrry known as Freda Lee
Ackerson,and MYRNA KAY SLABASZEWSKI,formerly known as Myrna Kay Ackerson,of the Canty of Weld and
State of Colorado,Grantors,and MINERAL RESERVES, INC.a Colorado corporation, whose legal address is 1400
Wes 64'Avenue,Denver,Colorado 80221,Attention:Duane Bollig,Division Land Manager,of the City and County of
Denver,State of Colorado,Granter.
WIINESSETH,that the Grantors, for and in consideration of the sun of
thc receipt and
aniffaacra.y of which is hereby acknowledged,have granted,barganed,sold and conveyed,nary these presents do grant,
bargain,sell,convey,and confirm,unto the Grantee,its successors and assigns forever,all the real property situate,lying
and being in the County of Weld,State of Colorado,described as follows:
Parcel I,: The SE%of the N WV..of Section 12,Township 1 North,Range 67 West of the
6'P.M.;and
Parcel 2:The NW%of the SE%and the East 30 acres of the NE%of the SW'/.of Section
12,Township 1 North,Range 67 West of the 6'P.M,
Vacant Land—No Street Address
TOGETHER WITH all minerals and mineral rights,sand and gravel and sand and gravel rights,oil and gas and oil and
gas rights,coal and coal rights owned by Grantors,all rights of Grantors in and to existing oil and gas wells and leases and
other leases affecting the above-described premises ("Franises");all rights-of-way and easements owned or used by
Grantors in connection with the Premises; all structures, fixtures, houses, buildings, pumps, wells, irrigation
improvements and other improvements on the Premises and all other property rights appurtenant thereto;and except as
otherwise provided herein,all water rights appurtenant to or used or usable in connection with the Premises,including all
ditches and ditch rights,wells and well rights reservoirs and reservoir and storage rights;,all non-tributary or tributary
groundwater underlying the Premises whether adjudicated or not, whether permitted or not; together with any and all
structures and improvements and related facilities used for the diversion of such rights, such as headgates or other
diversion structures, pumps, pipelines and measuring devices; well permits, shares of stock in any ditch or reservoir
company and leases and any other rights of use of any ditch and/or reservoir water rights for water used icon and
appurtenant to the Premises-,provided,however,there is expressly excepted from this Deed all of Grantors'right,title and
interest in the water rights represented by 1.75 shares of the Brighton Ditch Company,evidenced by Certificate Nos. 166,
168 and 223(replacement for lost Certificate No.167),such shares being the subject of a separate Water Rights Purchase
Agreement between the Grantors and Grantee.
TO HAVE AND TO HOW the premises above bargained and described with the appurtenances unto the Grantee, its
successors and assigns forever_ The Grantors,for themselves,their heirs and personal representatives or successors,do
covenant and agree that they shall and well WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the Grantee its successors and assigns,against all and every person or persons claiming
the whole or any pan thereof.by,through or under the Grantors,except for those matters set forth on Exhibit A attached
hereto and incorporated by reference.
IN WITNESS WHEREOF,thee Grantors have executed this deed on the date set above
eh -GL- It t,e,n L.._. ere.-.
Freda Lee Dialing, J - K .YT IaMsrev's�.
Okla Freda Lee Ackerson fh/a Myrna Kay Ackerson
STATE OF COLORADO
�� M� )ss
COUNTY OF l. — )
The foregoing instrument was ack nowkdgcd before me this' lI day of November.2001 by Freda Lee Orating,
Okla Freda Lee Ackerson,and Myrna Kay Slabav<wslu,fh/a Myrna Kay Ackerson.
Witness my hand and official sal.
My commission expires: ID-
in 7-
...�.. % 0 O Aqf'° otary Pu
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A
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TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 8053925B C-3
SCHEDULE B - Continued
EXCEPTIONS
EXCEPTIONS I THROUGH 6 DELETED
7. Oil and gas lease between Myrna Kay Slabaszewski, Mary Evelyn
Leinweber and Freda Lee Dreiling and Frontier Land and
Exploration, Inc_ dated May 24, 1978, recorded May 26, 1978 in
Book 833 as Reception No. 1754768, and any interests therein or
rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Cotton
Petroleum Corporation, recorded March 8. 1979 in Book
862 as Reception No. 1783828 and March 29, 1979 in Book
864 as Reception No. 1785820.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc., recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 1)
8. Right of way, whether in fee or easement only, for a pipe line or
pipe lines and appurtenances, granted to Continental Pipe Line
Company by Myrna Slabaszewski, Freda Dreiling and Mary E.
Leinweber by instrument recorded February 22, 1980 in Book 896 as
Reception No. 1817710, in which the specific location of the
easement is not defined.
(Affects Parcel 1)
9. Right of way, whether in fee or easement only, for undisclosed
purposes, as granted to Elsie Thiebault by Lena Ackerson and
Harold Ackerson, recorded February 7, 1947 in Book 1197 at Page
229, affecting the following described property:
The West 20 feet of the SE1/4.
(Affects Parcel 2)
10. All ores and minerals, including oil and gas, as reserved by The
Great Western Railway Company, a Colorado corporation, in the deed
to Lena Ackerson recorded September 8, 1948 in Book 1234 at Page
34, and any interests therein or rights thereunder.
(Affects a strip of land 100 feet wide, being 50 feet wide on each
side of the center line of The Denver, Laramie and Northwestern
Railway Company, as originally located, over, across and through
the SE1/4, said center line being more fully described as follows:
Beginning at a point on the South line of said SE1/4, 1374 feet,
more or less, West from the Southeast corner thereof, thence North
1 degree 7 minutes East, a distance of 2643 feet, more or less, to
a point on the North line of said SE1/4, 1312 feet, more or less,
West from the Northeast corner thereof.
Page 10
2$ON$I 11131211 !WA a f0Y Ted:me
2 01 4 R 20.80 D 7$0.31 Weld Cowl/CO
TRANSNATION TITLE INSURANCE COMPANY
Camitment No.a 80539258 C-3
SCHEDULE B - Continued
EXCEPTIONS
(Affects Parcel 2)
11. Right of way, whether in fee or easement only, to construct,
maintain, inspect, operate, replace, change, or remove a road
approximately 30 feet wide, as granted to Amoco Production Company
by Doris Ackerson, recorded January 11, 1973 in Book 683 as
Reception No. 1605178, affecting the following described property:
Commencing at a point on the South line of Sec. 12 approximately
100 feet East of the N-S C/L then running approximately 250 feet
North, then Northeasterly approximately 250 feet then generally
North to the North line of the SE1/4, Sec. 12.
(Affects SE1/4 of Parcel 2)
12. Right of way, whether in fee or easement only, for the purposes of
laying, constructing, maintaining, operating, repairing, replacing
and removing pipe lines and appurtenances, granted to Colorado
Interstate Corporation by Doris R. Ackerswon, Executrix of the
Estate of Lena Ackerson by instrument recorded November 19, 1973
in Book 703 as Reception No. 1625016, in which the specific
location of the easement is not defined.
(Affects SE1/4 of Parcel 2)
13. Oil and gas lease between Doris Ackerson, as Executrix of the
Estate of Lena Ackerson, deceased and T. S. Pace dated March 19,
1970, recorded April 22, 1970 in Book 624 as Reception No.
1545940, and any interests therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Amoco
Prcduction Company, recorded October 24, 1974 in Book
725 as Reception No. 1647353.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by NS Resources,
Inc., recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 2)
14. Right of way, whether in fee or easement only, to lay, construct,
maintain, lower, inspect, repair, replace, relocate, change the
size of, operate, and remove a pipe line and appurtenances,
granted to Panhandle Eastern Pipe Line Company by The Lena
Ackerson Estate by instrument recorded December 2, 1975 in Book
754 as Reception No. 1675875, in which the specific location of
the easement is not defined.
(Affects SE1/4 of Parcel 2)
Page 11
2004111 11131t2014 fltA7A a 818 180. IN4M Said Said t l
IMIM0
9
.�Y
•
TRANSMUTES? TITLE INsURA14CE COMPANY
Commitment No., 80539258 C-3
SCHEDULE B - Continued
EXCEPTIONS
15. Right of way, whether in fee or easement only, to lay, maintain,
inspect, alter, repair, operate, protect, remove and relay a pipe
line or pipe lines and appurtenances, granted to Continental Pipe
Line Company by Myrna Slabaszewski and Freda Dreiling by
instrument recorded February 22, 1980 in Book 896 as Reception No.
1817708, in which the specific location of the easement is not
defined.
(Affects NE1/4SW1/4 of Parcel 2)
16. Easement, Richt of Way and Surface Use Agreement, and the terms,
agreements, provisions, conditions and obligations contained
therein, between Myrna Kay Slabaszewski, grantor, and HS
Resources, Inc., a Delaware corporation, grantee, recorded
February 3, 2000 as Reception No. 2747864, in which the specific
location is not defined.
(Affects Parcel 2)
17. Lack of a right of access from the land to any open public road,
street or highway.
NOTE: This exception is necessary because it does not appear
frcm the instruments in the office of the Clerk and
Recorder of the County in which subject property is
situated that any right of access exists to an open public roadway.
roadway.
(Affects Parcels 1 and 2)
NOTE: This exception will be deleted upon completion of the
Easements called for in the Requirements being granted.
18. Notes, Areas of Concern, and Matters of Survey, as shown on
ALTA/ACSM Land Title Survey by Robert M. Sayre. dated November 14,
2001, Job Reference LFRGLPTN, File Reference Sistersl.
19. All Covenants, conditions, restrictions, leases and assignments
thereof, mineral reservations and mineral leases and assignments
thereof.
(Affects Easements 1, 2 and 3)
20. All rights of way and easements, including, but not limited to
those for roads, ditches, waterways, utilities, drainage,
pipelines, railroads, and avigation.
(Affects Easements 1, 2 and 3)
2104412 1113WZNI 10.QA a Sow Issbmob
4 o1 1 R 21.10 0 110.31 WM Cent,CO
Page 12
7// I 2777409 06/28/2000 OZ:L. JA Saki Tsukamoto
- 1 of 4 R 2000 D 50.00 Weld County CO -
$50.00 WARRANTY DEED
doc fee
THIS DEED, Made this 26th day of June, 2000 between '1
Myrna Kay Slabaszewski formerly known as Myrna Kay Ackerson FILE
of the County of Weld and State of Colorado. grantor, and Mineral Reserves, Inc., a Carl
Colorado corporation
a corporation organized and existing under and by virtue of the laws of the State of
COLORADO. grantee:
whose legal address is 1400 W. 64th Avenue, Denver, Colorado 80221
WITNES$Z$TH: That the grantor, for and in consideration of the meollINIMIlibt
� the receipt and sufficiency of which is
—hereby-acknowledged,Tian granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm, unto the grantee, its successors and
assigns forever, all the real property together with improvements, if any,
situate,lying and being in the County of Weld and State of Colorado, described as
follows:
SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as vacant land, , Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, its successors and assigns forever_ And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant.
bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes.
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2000 and subsequent years; except easements, restrictions,
�., covenants, conditions, reservations and rights of way of record, if any;
as more particularly set forth on Exhibit B' attached hereto_
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, its successors and assigns,
against
all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, The grantor has executed this dee on the date set forth' tyve./ift"NC1a y Sla zewsk?FHA jna Kay
Ackerson
STATE OF COLORADO
ss. The foregoing instrument was acknowledged before
County of Weld ) me this 26th day of June. 2000, by
Myrna Kay Slabaszewski formerly known as Myrna Kay Ackerson
•
My commission expires 10-17-2002
Witness my hand and official s_ �`
-CpPr.Pug1 IN►Yl ¢ o r�L
MELINDA -�) s! south 4th Avenue PUBLIC
No. 952. Rev- 3-85 % BAESSLEB J-:jighton, COLORADO 80601
j:
lA� R048616R
- 2111090612612800 02_:87P JA add Ts.Raw ..
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2 d 4 HMO B50.80 wed connry co
ESCROW NO. : 80486168
DATE June 15 2000
"EXHIBIT A"
LEGAL DESCRIPTION
PARCEL 1:
The S1/2 of the East 60 acres of the SW1/4 of Section 12, and the W1/4
of the SW1/4 of the SE1/4 of Section 12, all in Township 1 North, Range
67 West of the 6th P.M., County of Weld, State of Colorado.
PARCEL 2:
The East 30 acres of the SW1/4 of the SE1/4 of Section 12, Township 1
North, Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
Both Parcels I and II are granted subject to a dry up covenant related
to the Brighton Ditch dated June 26, 2000.
•
No water. rights are granted or conveyed with Parcels I or II _
!777409 46/20/2000 0t07P JA Solo Tslk..,00lo ••�
I of 4 R 20.00 0 50.00 Weld County CO
•EXBIBI'rB;-
•
Right of way
,y, whether in fee or easement only, for undisclosed
purposes, as granted to Elsie Thiebault by Lena Ackerson and
Harold Ackerson, recorded February 7, 1947 in Book 1197 at Page
229, affecting the following described pioperty.
The West 20 feet of the SE1/4
Terms, agreements, provisions, conditions, obligations and
easements as contained in Agreement recordeti February 24, 1944 .in
Book 1221 at Page 552.
Laramie Seepage and Drainage Ditches, and any arid'all rights of
way therefore, as evidenced by hap and Statement filed=March 22,
1910 as Reception No. 153271, in which the specific location- is
not defined.
All ores and minerals, including oil and gas as reserved by The
Great Western Railway Company in the Deed recorded September 8.
1948, in Book 1234 at Page 34, and any interests therein or rights
thereunder.
(Affects part of SEl/4)
Oil and gas lease between Doris Ackerson, as Executrix of the
Estate of Lena Ackerson; deceased and T. S_ Pace dated 4-larch 19,
1970, recorded April 22, 197D in Book 624 as Reception No_
1545940, and any interests therein or rights thereunder.
NOTE: \ Amendment recorded December is, 1972 in Book 682 as
Reception No. 1601741.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 30-42-106, by Amoco
Production Company, recorded October 24, 1974 in Book
725 as Reception No. 1641353.
Right ofway, whether in fee or easement only, to-construct,
maintain,-inspect; opetate,\ie(ilace; change, or remove a road
approximately 30 feet wide, ho gtahted to Amoco Production
Company, a Delaware Corporation hi Doris Ackerson,-recorded
January 11, 1973 in Book 683 as Reception No. 1605178, as more
particularly described in said ihOttdtnent.
(Affects SE1/4) -
Right of way, whether in fee or easement only, for pipe lines and
appurtenances, granted to Colorado Interstate Corporation by Doris
R. Ackerson, Executrix of the Estate of Lena Ackerson by
instrument recorded November 19, 1973 in Book 703 as Reception No.
1625016, in which the specific location of the easement is not
'defined_
(Affects 5E1/4)
Right of way, whether in fee or easement only, for a pipe line and
appurtenances, granted to Panhandle Eastern Pipe Line Company by
The Lena Ackerson Estate by instrument recoided December 2, 1975
in Book 754 as Reception No. 1675875, in which the specific
location of the easement is not defined.
Right-of- way, whether in fee or easement only, for el&ctrjcal
. facilities and appurtenances, granted to Union Rural BlectilC=
'Association, Inc. by Lena Ackerson Estate, Doris Ackerson -
Executrix by instrument recorded June 15, 1977 in Book 800 as
Reception No. 1721935, in which the specific location of the
easement is not defined.
Right of way, whether in fee or easement only, for pipe line or
pipe lines and appurtenances, 'granted to Continental Pipe Line
Company, a Delaware corporation by Myrna Slabaszewski by
instrument recorded February 22, 1980 in Book 896 as Reception No.
1817709, in which the specific location of the easementi4 is not
defined.
(Affects SEI/45X1/4)
Right '&t way, whether in fee or easement only, for a pipe line or
pipe lines and appurtenances, granted to Continental Pipe Line
Company, a Delaware corporation by Myrna Kay Slabaszewski by
instrument recorded September 8, 1981 in Book 946 as Reception No.
1868407, in which the specific location of the easement is not
defined.
(Affects WI/2W1/2SW1/45E1/4)
Right of way, whether in fee or easement only, for a pipe line and
appurtenances, granted to kji Front Range Gathering Company, a
Colorado corporation by Myrnn Slabahiebski and Freda Dreiling by
instrument recorded August 13j-.1993 In Book 1397 as Reception No:
2346144, in which the specific location of the easement is not
dnflned.
(Affects 561/4) - - --" - -
Matters of Survey as shown oh 1.and Survey Plat recotded-May 12,
1992 in Book 1336 ad Reception No; 2287783:
2m409 06/20!2000 02.-972 JA Saint Seto
4 0l 4 B 20.00 D 50.00 Weld Canary C067[111 BIT- D•
continued - _
. Any question as to the size or location of the subject property
and as to the encroachment of the subject property onto adjoining
• property.
(Affects SH1/4 and SB1/4)
Road over the Southerly portion of the subject property as shown
on Map of Weld County. -
Right of way, whether in fee oreasement only, for pipelines and
appurtenances, granted to RS Resources, Inc. by Myrna Ray
Slabaszewski by instrument recorded February 3, 2000 as Reception
No. 2747064, in which the specific location of the easement is not
defined. -
Notes/comments and matters of Survey as shown on ALTA/ACSM Land
Title Survey, dated June 20, 2000 by Robert M. Sayre, Job No.
MYRNA-Si-
-/-
.
•
‘-‘..CL ate-
r3 x
ti
ilt
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Mineral Reserves,Inc. Bargain and Sale Deed, Special Warranty Deed and
Personal Warranty Deed
Phase 8
i �1904415 111301211fl �� M �� .
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496 BARGAIN AND SALE DEED
THIS DEED,Made this 274 day of November,2001,between FREDA LEE DREILIING,formerly known as Freda Lee
Ackessan.MYRNA KAY SLABASZEWSKI,formerly known as Myrna Kay Aekerson.LARRY R. LEINWEBER as
personal representative of the Estate of Mary E.Leinweber.also known as May Evelyn Leinweber,formerly known as
Mary Evelyn Ackerson.Deceased,and D&S MINING.INC.,a Colorado corporation,of the County of Weld and State
of Colorado.Grantors,and MINERAL RESERVES.INC,a Colorado corporation.whose legal address is 1400 West 64-
Avenue.Denver.Colorado 80221.Attention:Duane Bollig,Division Land Manager,of the City and County of Denver.
Stale of Colorado.Granter
WI7NESSETH,that the Grantors,for ten dollars and other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,sell and convey to Grantee all right,title,claim and demand of Grantors in and to all the
real propetty situate,lying and being in the County of Weld.State of Colorado,described as follows:
The SE%of the NWY.of Section 12,Township I North,Range 67 West of the 66 P.M.
(conveyance made to clarify that the intent of the Quit Claim Deed recorded February 5,
1992 in Book 1725 as Reception No.2277707 was to convey to D&S Mining,Inc.,the
NE%of the NW'/.of said Section 12); and
Vacated roads,streets,alleys or rights-of-way and any strips and gores of land within or
adjoining the following described land in said Section 12:
The NW%of the SE%and the East 70 acres of the NE%of the SW'/.-,
The SEA oldie NWY.;
The S'A of the East 60 acres of the SW%and the West Quarter of the SW''/.of the
SE%;and
The East 30 acres of the SW%of the SE%.
EXCEPTING AND RESERVING TO GRANTORS. HOWEVER, as their interests
therein may now appear of record,the SW%NW%ti the NE''ANW%and the E%2SEY.of
said Section 12.
Vacant Land—No Street Address
With all appurtenances
TO HAVE AND TO HOLD the premises above bargained and described with the appurtenances unto the Grantee,its
successors and assigns forever.
IN WITNESS WHEREOF,��_�theGrantors have executed this deed on the date set forth above
L•.C:¢.!1 JJJJv }[�
Freda Lec Damning, ArS6 "fJ/
f/k/a Freda Lee Ackerson 0k/a Myrna K.Ackerson
it- /' &S MINING.INC,a Colorado corporation,
Larry R.. Lcinweber as Personal ., I �4 la.0
Representative of the Estate of Mary By:
Evelyn Leinweber, a/k/a Mary E. Freda Lee Dreiling.President
Leinweber. fh/a Mary Evelyn
Ackerson,Deceased (Small
.-t
- iaIIIEIIHuIIIull
29ouns Wane a-.ml u Molttab.aa
_- 2 el 2 R 71.119 D gal WS Coati CO
^. STATE OF COLORA 1
1 ss-
COUNfYOF 1 !J_.,
The foregoing instrument was acknowledged before me tsi / day of November.2001 by Freda Lee Dreiling,
f/kh Freda lire Ackason.and Myrna Kay Slabaszewski,Okla Myrna�y Ackerson. lit Witness my hand and official seal. e • A/f•,Op ' .
My commission expires: a
Syr K 01), i,BL?GCp0,;
STATE OF C DO ) I OF sect.°
ss.
COUNTY OF ) we amYacntiplx K ORN.
The foregoing instrument was acknowledged before me this ,day of November,2001 by Larry R.Leinweber
as Personal Representative of the Estate of Mary Evelyn Leinweber, a/k/a Mary E Leinweber, Okla Mary Evelyn
Ackerson,Deceased.
Witness my hand and official seal.
-
yyMp'
My commission expires: G.f' ' - •TA/9}O i
N, - Public
G
oFtdale STATE OF COLO ADO ) I ; 41-
)ss.
COUNTY OF ) 9)yL01MIttlaaDOR1000039
The foregoing instrument was acknowledged before me this:512day of November,2001 by Freda Lee Dreiling,
Ok/a Freda Lee Ackerson,individually and as President of D&S Mining.Inc.,a Colorado corporation.
Witness my hand and official seal. 'l1
My commission expires: /2)d - /
Public
otasimis gWon IOWAN
nines nays' OP./TA JA Soli ham*
• 1 al 411 20.91 O till Want Con*CO
PERSONAL REPRESENTATIVE'S DEED
483
THIS DEED made by Larry R.Leinweber,as Personal Representative of the Estate of Mary E. Leinweber,
a/k/a Mary Evelyn Leinweber,Deceased,Grantor,to Mineral Reserves,Inc.,a Colorado corporation,Grantee,
whose address is 1400 W.64'Avenue,Denver,CO 80221
WHEREAS.Mary E Leinweber died testate on March 10, (999;
WHEREAS Grantor was appointed as Personal Representative, in Weld County District Court,
Probate Case 899-PR-I 02 on March 22.1999;
THEREFORE. for the consideration of and other good and valuable consideration,
Grantor sells and conveys to Grantee, Grantor's interest in the following real property in Weld County.
Colorado:
The SE%of the NW%of Section 12,Township 1 North,Range 67 West of the
6h PM.,
Vacant Land—No Street Address
TOGETHER WITH all minerals and mineral rights,sand and gravel and sand and gravel rights,oil and gas
and oil and gas rights,coal and coal rights owned by Grantors,all rights of Grantors in and to existing oil and
gas wells and leases and other leases affecting the above-described premises("Premises");all rights-of-way
and easements owned or used by Grantors in connection with the Premises; all structures, fixtures,houses,
buildings, pumps, wells, irrigation improvements and other improvements on the Premises and all other
property rights appurtenant thereto;and except as otherwise provided herein,all water rights appurtenant to or
used or usable in connection with the Premises,including all ditches and ditch rights, wells and well rights;
reservoirs and reservoir and storage rights;all non-tributary or tributary groundwater underlying the Premises
whether adjudicated or not,whether permitted or not;together with any and all structures and improvements
and related facilities used for die diversion of such rights, such as headgates or other diversion structures,
pumps,pipelines and measuring devices;well permits,shares of stock in any ditch or reservoir company and
leases and any other rights of use of any ditch and/or reservoir water rights for water used upon and
appurtenant to the Premises;provided,however,there is expressly excepted from this Deed all of Grantors'
right, title and interest in the water rights represented by 135 shares of the Brighton Ditch Company,
evidenced by Certificate Nos. 166, 168 and 223(replacement for lost Certificate No. 167),such shares being
the subject of a separate Water Rights Purchase Agreement between the Grantors and Grantee.
Grantor warrants title to above-described premises against all persons claiming under Grantor, except as to
those matters set forth in Exhibit A attached hereto and incorporated by reference.
Executed on this 27th day of November,2001
. !Sao
Larry 2 weber, Personal Representative of the Estate of
Mary E.Leinweber,a/k/a Mary Evelyn Leinweber
STATE OF COLORADO )
)ss.
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me this 27°i day of November, 2001 by Larry R.
Leinweber,Personal Representative of the Estate of Mary E.Leinweber,a/k/a Mary Evelyn Leinweber
(Seal) /
' . iD-21-Loo`r
;2,0 y Nora
TRANffimrroN Time 2NSURANCE COMPANY
Commitment No.2 80539258 C-3
SCHEDULE B - Continued
EXCEPTIONS
EXCEPTIONS I THROU6N 6 DELETED
7. Oil and gas lease between Myrna Kay Slabaszewski, Mary Evelyn
Leinweber and Freda Lee Dreiling and Frontier Land and
Exploration, Inc. dated May 24, 1978, recorded May 26, 1978 in
Book 833 as Reception No. 1754768, and any interests therein or
rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Cotton
Petroleum Corporation, recorded March 8, 1979 in Book
862 as Reception No. 1783828 and March 29, 1979 in Book
864 as Reception No. 1785820.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc., recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 1)
8. Right of way, whether in fee or easement only, for a pipe line or
pipe lines and appurtenances, granted to Continental Pipe Line
Company by Myrna Slabaszewski, Freda Dreiling and Mary E.
Leinweber by instrument recorded February 22, 1980 in Book 896 as
Reception No. 1817710, in which the specific location of the
easement is not defined.
(Affects Parcel 1)
9. Right of way, whether in fee or easement only, for undisclosed
purposes, as granted to Elsie Thiebault by Lena Ackerson and
Harold Ackerson, recorded February 7, 1947 in Book 1197 at Page
229, affecting the following described property:
The West 20 feet of the SE1/4.
(Affects Parcel 2)
10. All ores and minerals, including oil and gas, as reserved by The
Great Western Railway Company, a Colorado corporation, in the deed
to Lena Ackerson recorded September 8, 1948 in Book 1234 at Page
34, and any interests therein or rights thereunder.
(Affects a strip of land 100 feet wide, being 50 feet wide on each
side of the center line of The Denver, Laramie and Northwestern
Railway Company, as originally located, over, across and through
the SE1/4, said center line being more fully described as follows:
Beginning at a point on the South line of said SE1/4, 1374 feet,
more or less, West from the Southeast corner thereof, thence North
1 degree 7 minutes East, a distance of 2643 feet, more or less, to
a point on the North line of said SEI/4, 1312 feet, more or less,
West from the Northeast corner thereof.
Page 10
21014$3 1/1382081 01.4TA MUM TmdomMo
2 M 4 R 20.00 0 OAR Weld CwMY CO
•
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.s 80539259 C-3 LE 8 - Continued
EXCEPTIONS
(Affects Parcel 2)
11. Right of way, whether in fee or easement only, to construct,
maintain, inspect, operate, replace, change, or remove a road
approximately 30 feet wide, as granted to Amoco Production Company
by Doris Ackerson, recorded January 11, 1973 in Book 683 as
Reception No. 1605178, affecting the following described property:
Commencing at a point on the South line of Sec. 12 approximately
100 feet East-of the N-S C/L then running approximately 250 feet
North, then Northeasterly approximately 250 feet then generally
North to the North line of the SE1/4, Sec. 12.
(Affects SE1/4 of Parcel 2)
12. Right of way, whether in fee or easement only, for the purposes of
laying, constructing, maintaining, operating, repairing, replacing
and removing pipe lines and appurtenances, granted to Colorado
Interstate Corporation by Doris R. Ackerswon, Executrix of the
Estate of Lena Ackerson by instrument recorded November 19, 1973
in Book 703 as Reception No. 1625016, in which the specific
location of the easement is not defined.
(Affects SE1/4 of Parcel 2)
13. Oil and gas lease between Doris Ackerson, as Executrix of the
Estate of Lena Ackerson, deceased and T. S. Pace dated March 19,
1970, recorded April 22, 1970 in Book 624 as Reception No.
1545940, and any interests therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Amoco
Production Company, recorded October 24, 1974 in Book
725 as Reception No. 1647353.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc., recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 2)
14. Right of way, whether in fee or easement only, to lay, construct,
maintain, lower, inspect, repair, replace, relocate, change the
size of, operate, and remove a pipe line and appurtenances,
granted to Panhandle Eastern Pipe Line Company by The Lena
Ackerson Estate by instrument recorded December 2, 1975 in Book
754 as Reception No. 1675875, in which the specific location of
the easement is not defined.
(Affects SE1/4 of Parcel 2)
Page 11
IIININIMMIN FP 11110 O
2Md403 1113/12001 0..Q11 M Sell Takineb
3 et 4 R 21.M DOJO Weld Cant CO
TRANSNATION T21T,H YNSUR3NCY COMPANY
Commitment No.t 80533258 C-3
SCHEDULE 8 - Continued
EXCEPTIONS
15. Right of way, whether in fee or easement only, to lay, maintain,
inspect, alter, repair, operate, protect, remove and relay a pipe
line or pipe lines and appurtenances, granted to Continental Pipe
Line Company by Myrna Slabaszewski and Freda Dreiling by
instrument recorded February 22, 1980 in Book 896 as Reception No.
1817708, in which the specific location of the easement is not
defined.
(Affects NE1/4SW1/4 of Parcel 2)
16. Easement, Right of Way and Surface Use Agreement, and the terms,
agreements, provisions, conditions and obligations contained
therein, between Myrna Kay Slabaszewski, grantor, and HS
Resources, Inc., a Delaware corporation, grantee, recorded
February 3, 2CO0 as Reception No. 2747864, in which the specific
location is not defined.
(Affects Parcel 2)
17. Lack of a right of access from the land to any open public road,
street or highway.
NOTE: This exception is necessary because it does not appear
from the instruments in the office of the Clerk and
Recorder of the County in which subject property is
situated that any right of access exists to an open
public roadway.
(Affects Parcels 1 and 2)
NOTE: This exception will be deleted upon completion of the
Easements called for in the Requirements being granted.
18. Notes, Areas of Concern, and Matters of Survey, as shown on
ALTA/ACSM Land Title Survey by Robert M. Sayre, dated November 14,
2001, Job Reference LFRGLPTN, File Reference Sistersl.
19. All Covenants, conditions, restrictions, leases and assignments
thereof, mineral reservations and mineral leases and assignments
thereof.
(Affects Easements 1, 2 and 3)
20. All rights of way and easements, including, but not limited to
those for roads, ditches, waterways, utilities, drainage,
pipelines, railroads, and avigation.
(Affects Easements
11, 2 and
33)
�IYn ill Iii ;11111111111111111
2904193 t 012001 00AR A Add Tadaaor
4 N 1 R t0.00 0 0.00 Yle10 Lung co
Page 12
- IIMININI®1�IV
I� II .
JUNE 1117112001 01:07A JA Sidi Taablate
1 a1 0R2161 D100.31 Weld pplyW
492 SPECIAL WARRANTY DEED
THIS DEED,Made this 27'day of November,2001,between FREDA LEE DREW ING,formerly known as Freda Lee
Ackerson.and MYRNA KAY SLABASZEWSKI,formerly known as Myrna Kay Ackerson,of the County of Weld and
State of Colorado,Grantors,and MINERAL RESERVES, INC., a Colorado corporation, whose legal address is 1400
West 64'Avenue,Denver,Colorado 80221,Attention:Duane Bollig,Division Land Manager,of the Gty and County of
Denver,State of Colorado,Grantee:
WmINESSETH,that the Grantors,for and in consideration of the sum of
- v.. the receipt and
suffa.icia.y of which is hereby acknowledged,have granted,bargained,soldand conveyed,and by these presents do grant,
bargain,sell,convey,and confirm,unto the Grantee,its successors and assigns forever,all the real property situate,lying
and being in the County of Weld.State of Colorado.described as follows:
Parcel l: The SEY.of the NW'/.of Section 12,Township I North,Range 67 West of the
6°P.M.;and
Parcel 2:The NW''/.of the SE%and the East 30 acres of the NEV.of the SWV.of Section
12,Township 1 North,Range 67 West of the 6'P.M.,
Vacant Land—No Street Address
TOGETHER WITH all minerals and mineral rights,sand and gravel and sand and gravel rights,oil and gas and oil and
gas rights,coal and coal rights owned by Grantors,all rights of Grantors in and to existing oil and gas wells and leases and
other leases affecting the above-described premises(-Premises");all rights-of-way and casements owned or used by
Grantors in connection with the Premises; all structures, fixtures houses, buildings, pumps, wells, irrigation
improvements and other improvements on the Premises and all other property rights appurtenant thereto;and except as
otherwise provided herein,all water rights appurtenant to or used or usable in connection with the Premises,including all
ditches and ditch rights,wells and well rights;reservoirs and reservoir and storage rights;all non-tributary or tributary
groundwater underlying the Premises whether adjudicated or not,whether permitted or not; together with any and all
structures and improvements and related facilities used for the diversion of such rights, such as headgatcs or other
diversion structures, pumps, pipelines and measuring devices; well permits, shares of stock in any ditch or reservoir
,� company and leases and any other rights of we of any ditch and/or reservoir water rights for water used upon and
appurtenant to the Premises;provided,however,there is expressly excepted from this Deed all of Grantors right,tide and
interest in the water rights represented by 1.75 shares of the Brighton Ditch Company,evidenced by Certificate Nos. 166.
168 and 223(replacement for lost Certificate No.167).such shares being the subject of a separate Water Rights Purchase
Agreement between the Grantors and Grantee.
TO HAVE AND TO HOLD the premises above bargained and described with the appurtenances unto the Grantee,its
successors and assigns forever. The Grantors,for themselves,their heirs and personal representatives or successors,do
covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the Grantee its successors and assigns,against all and every person or persons claiming
the whole or any pan thereof,by,through or under the Grantors,except for those matters set forth on Exhibit A attached
hereto and incorporated by reference.
IN WITNESS WHEREOF,the Grantors have executed this deed on the date set f above
•
-,te Let. l4 Y�/
11 .trL
Freda Lee Dwelling, lY labasu�•
Rk/a Freda Lee Ackerson f/k/a Myrna Kay Ackerson
STATE OF COLORADO )
^1J M� )as.
COUNTY OF(1/12wt y. )
The foregoing instrument was acknowledged before me this;11 day of November,2001 by Freda Let Drciling,
f/k/a Freda Lee Ackerson,and Myrna Kay Slabaszewski,flk/a Myrna Kay Ackerson.
Witness my hand and official seal.
My mommiuiah expires: ID- "7-
--Ise M DOQ
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TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 8053925H C-3
SCHEDULE B - Continued
EXCEPTIONS
EXCEPTIONS I THROUGH 6 DELETED
7. Oil and gas lease between Myrna Kay Slabaszewski, Mary Evelyn
Leinweber and Freda Lee Dreiling and Frontier Land and
Exploration. Inc. dated May 24, 1978, recorded May 26, 1978 in
Book 833 as Reception No. 1754768, and any interests therein or
rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Cotton
Petroleum Corporation, recorded March 8, 1979 in Book
862 as Reception No. 1783828 and March 29, 1979 in Book
864 as Reception No. 1785820.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc., recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 1)
8. Right of way, whether in fee or easement only, for a pipe line or
pipe lines and appurtenances, granted to Continental Pipe Line
Company by Myrna Slabaszewski, Freda Dreiling and Mary E.
Leinweber by instrument recorded February 22, 1980 in Book 896 as
Reception No. 1817710, in which the specific location of the
easement is not defined.
(Affects Parcel 1)
9. Right of way, whether in fee or easement only, for undisclosed
purposes, as granted to Elsie Thiebault by Lena Ackerson and
Harold Ackerson, recorded February 7, 1947 in Book 1197 at Page
229, affecting the following described property:
The West 20 feet of the SE1/4.
(Affects Parcel 2)
10- All ores and minerals, including oil and gas, as reserved by The
Great Western Railway Company, a Colorado corporation, in the deed
to Lena Ackerson recorded September 8. 1948 in Book 1234 at Page
34, and any interests therein or rights thereunder.
(Affects a strip of land 100 feet wide, being 50 feet wide on each
side of the center line of The Denver, Laramie and Northwestern
Railway Company, as originally located, over, across and through
the SE1/4, said center line being more fully described as follows:
Beginning at a point on the South line of said SE1/4, 1374 feet.
more or less, West from the Southeast corner thereof, thence North
1 degree 7 minutes East, a distance of 2643 feet, more or less, to
a point on the North line of said SE1/4, 1312 feet, more or less,
West from the Northeast corner thereof.
Page 10
IN1� �� NN�IIII�IM�
2N44/2 1113012001 *4TH JA IS T9domon
2 d 4 R 20.00 DOOM Weld Cowl t0
rRANSlA?ION TITLE INSURANCE COMPANY
Commitment No.: 80539258 C-3
SCHEDULE B - Continued
EXCEPTIONS
(Affects Parcel 2)
11. Right of way, whether in fee or easement only, to construct,
maintain, inspect, operate, replace, change, or remove a road
approximately 30 feet wide, as granted to Amoco Production Company
by Doris Ackerson, recorded January 11, 1973 in Book 683 as
Reception No- 1605178, affecting the following described property:
Commencing at a point on the South line of Sec. 12 approximately
100 feet East of the N-S C/L then running approximately 250 feet
North, then Northeasterly approximately 250 feet then generally
North to the North line of the SE1/4, Sec. 12.
(Affects SE1/4 of Parcel 2)
12. Right of way, whether in fee or easement only, for the purposes of
laying, constructing, maintaining, operating, repairing, replacing
and removing pipe lines and appurtenances, granted to Colorado
Interstate Corporation by Doris R. Ackerswon, Executrix of the
Estate of Lena Ackerson by instrument recorded November 19, 1973
in Book 703 as Reception No. 1625016, in which the specific
location of the easement is not defined.
(Affects SE1/4 of Parcel 2)
13. Oil and gas lease between Doris Ackerson, as Executrix of the
Estate of Lena Ackerson, deceased and T. S. Pace dated March 19,
1970, recorded April 22, 1970 in Book 624 as Reception No.
1545940, and any interests therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Amoco
Production Company, recorded October 24, 1974 in Book
725 as Reception No. 1647353.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc. , recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 2)
14. Right of way, whether in fee or easement only, to lay, construct,
maintain, lower, inspect, repair, replace, relocate, change the
size of, operate, and remove a pipe line and appurtenances,
granted to Panhandle Eastern Pipe Line Company by The Lena
Ackerson Estate by instrument recorded December 2, 1975 in Book
754 as Reception No. 1675875, in which the specific location of
the easement is not defined.
(Affects SE1/4 of Parcel 2)
Page 11
IN 01N ' IM ftII2044492 lI ll
09:47A Al Sill Tidos*
3 N 4 R 1140 0 180.31 World Camp CO
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 8053925B C-3
SCHEDULE B - Continued
EXCEPTIONS
15. Right of way, whether in fee or easement only, to lay, maintain,
inspect, alter, repair, operate, protect, remove and relay a pipe
line or pipe lines and appurtenances, granted to Continental Pipe
Line Company by Myrna Slabaszewski and Freda Dreiling by
instrument recorded February 22, 1980 in Book 896 as Reception No.
1817708, in which the specific location of the easement is not
defined. -
(Affects NE1/4SW1/4 of Parcel 2)
16. Easement, Richt of Way and Surface Use Agreement, and the terms,
agreements, provisions, conditions and obligations contained
therein, between Myrna Kay Slabaszewski, grantor, and HS
Resources, Inc., a Delaware corporation, grantee, recorded
February 3, 2000 as Reception No. 2747864, in which the specific
location is not defined.
(Affects Parcel 2)
17. Lack of a right of access from the land to any open public road,
street or highway.
NOTE: This exception is necessary because it does not appear
frcm the instruments in the office of the Clerk and
Recorder of the County in which subject property is
situated that any right of access exists to an open
public roadway.
(Affects Parcels 1 and 2)
NOTE: This exception will be deleted upon completion of the
Easements called for in the Requirements being granted.
18. Notes, Areas of Concern, and Matters of Survey, as shown on
ALTA/ACSM Land Title Survey by Robert M. Sayre, dated November 14,
2001, Job Reference LFRGLPTN, File Reference Sistersl.
19_ All Covenants, conditions, restrictions, leases and assignments
thereof, mineral reservations and mineral leases and assignments
thereof.
(Affects Easements 1, 2 and 3)
20. All rights of way and easements, including, but not limited to
those for roads, ditches, waterways, utilities, drainage,
pipelines, railroads, and avigation.
(Affects Easements 1, 2 and 3)
290th2 1113012001 09.47A a Sold Tadao*
4 4 4 R 20-00 0 180.31 Wdd Gusty CO
Page 12
Affidavit—Phases 2,3, 7,8
As per the enclosed Warranty Deeds dated June 20,2001;July 12,2004;November 27,
2001;and June 26,2000 Mineral Reserves,Inc.,a subsidiary of the Lafarge Corporation,is
owner of portions of Sections 24 and 12,Range 67 West and portions of Section 18,Range
66 West,Township I North,6th Principal Meridian,Weld County,Colorado" Mineral
Reserves,Inc. grants Lafarge West,Inc.the legal right to enter for the purposes of mining
and reclamation and the authority to apply for all zoning and permits required for such
operations. Minerals Reserves,Inc. also grants Lafarge West,Inc. the legal right to impact
and/or remove man-made structures,such as lateral ditches,fences,wells,and buildings,
for the purposes of said mineral extraction.
Signed: Date: 11 I g /6 Ur
Name: l A 1,1 s M y `jl-4 I_
The forgoing instrument was acknowledged before me this n-r') day of 1(�oven ber ,
_=NO Notary Public
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yJ. My Commission Expires: jalA/ 7
Ft Lupton Pa
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Page 71 481
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