HomeMy WebLinkAbout20011794.tiff 03/14/2001 14: 27 970-352-6284 HALL IRWIN PAGE 05/11
in AMENDMENT TO BRIGHTON PIT
MINING LEASE
(HALL-IRWIN CORPORATION/HMS,LLC)
This 1" Amendment to Mining Lease is made this IS day of November 1999 by
and between HIKE, LLC, of /� 2 ("Landlord") together with each of the
Members of the Landlord signing this A ent and Hall-Irwin Construction Co. now
known as Hall-Ewan Corporation,3024 4th Avenue,Greeley, Colorado 80631 ("Tenant").
Background of Agreement. The following background statements are made to aid
in the understanding and interpretation of this la Amendment to Mining Lease (the
"Original Mining Lease"):
A, Landlord and each of its Members and Tenant entered into the Brighton Pit Mining
Lease dated May 5, 1997 to mine certain property near Brighton, Colorado.
B. Tenant has signed a contract with Anualuycc Hensel Kirby ("Kirby") to buy
Kirby's Property that is described on Exhibit A.
C. Landlord and Tenant desire to ratify the Original Mining Lease and amend it to
include the Kirby Property.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the Original Mining Lease is hereby amended as follows:
1. Incorporation of Recitals by Reference. All of the reutatls are incorporated
herein by this reference and made a part of the agreement of the parties.
2. Ratification of Original Mining Lease. The Original Mining Lease is hereby
ratified and confirmed by the Tenant and all Membership Interests in ELSE, LLC.
3. Kirby Property Added to Original Mining Lease. The Kirby Property is hereby
added to the Original Mining Lease as if such property were a part of the original
legal description attached as Exhibit A to the Original Mining Lease, All of the
terms and conditions of the original Mining Lease shall apply to the Kirby Property,
including, but not limited to Paragraph 16 of the Original Mining Lease pertaining
to Tenant's Option to Purchase Tenant's Membership Interests and the landlord's
Interest.
4. Effect of Agreement This l"Amendment to Mining Lease shall ii€ire to the
benefit of and shall be binding on the heirs, legal represcntativcs, successors and
assigns of the parties.
EXHIBIT
2001-1794 1
16
Z0 31tid Zflt 441 tam cac:_acc_a c -n
03/14/2001 14:270-352-6284 HALL IRWIN PAGE 06/11
IN WITNESS WHEREOF, the parties have executed thMM agreement at Greeley,
Colorado the day and year first above written.
Landlord: Tenant:
R1BE, LLC Hall-Irwin Corporation
Airier
By:
Its: By: Rret Rail
Its: Vice President
Ifembe
Member
Member
Member
ert
�' Il
Member
1. ksa.bM exxx]MWOA.SB.WfiRtO.L8.1.Arr�I-, akilo -
4v/M/Mersi,tPC,ROO OICIPOIA1O
F.R 9t7a ..._
03/14/2001 14:27 970-352-6284 HALL IRWIN PAGE 07/11
STATE OP COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this If_ day of
r trsru . 1999, by PLcl,n„P ':,pas._ as p s*1Z. nit for MBE, LLC.
Witness my hand and seal.
My commission expires: F I I? J .003 _
Notary Public
STATE OP COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 1S day of
1/4-ntto , , 1999, by Bret Hall as Vice.President of Hall Irwin Corporation.
Witness my hand and seal.
My commission expires: 3 13'1 2003
' ,- l t.,r zs~ _ Notary Public
.3 .
s•wireavonn-tracwrormnstEktsVanitummarn1400.44
Hn.ab..24 M10 0M4)
De 3SVc 3J1J4l MCI 696c-eec-0G6 SOIL 0000/to/TO
03/14/2001 14: 27 970-352-6284 HALL IRWIN PAGE 08/11
•
•
•
•
That par= of the 521/4 of section 35, Township 1 North, Range 67 West of the
5th O.M. . wield Couaey, colored., bci_g d;acri ed as : Seainzling at t o scuth
Quarter toner of said Section ii; Theaca North 00°70'00• East en an a,sL.u&
hearing. along the west lime of said 9E1/A a distance ac 1,$:S.70 feet to the
True Point of a6$'taAir4, ':hence Sou e4 89'22'00a $�st, 300.00 feet; Thence
Scutt 00°07'70" Neat, :0.86 feet{ Thence Scuth 89 15'53" 2a 1, ?:a.00 feet:
Thence 3Torth Co-Cla'07" East, 1,141.43 feet; '_'hence South as�14'36' West,
1,:3.13 feet to a point an the west line of said $Z./4; Thence Sough.
to 00'37" west along aald West 11Re, 1,041.00 feet Co tte True Pain: of
•
•
l EXHIBIT A I
S0 3fad 301440 Mal 6963- ee-016 to:it 000Z/40/TO
Hello