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HomeMy WebLinkAboutC10-301 Sand and Gravel Mining Lease Seventh Amendment SEVENTH AMENDMENT TO SAND AND GRAVEL MINING LEASE This Seventh Amendment to Sand and Gravel Mining Lease (hereafter "Sixth Amendment") is entered into this Ili day of D » ,2010, effective as of the same date, by and between Eagle County, Colorado, a body corporate and politic ( "County or Lessor "), through its Board of County Commissioners, and Lafarge West, Inc., a corporation ( "Lafarge or Lessee "). RECITALS A. The history of this Lease is the following: (1) Lease from Loren G. Chambers to Flatiron Paving Company, dated December 29, 1980; (2) Assignment and Assumption of Leasehold between Flatiron Paving Company (as assignor), Mobile Premix Company (predecessor of Lessee, as assignee), and Loren G. Chambers (as owner), dated November 30, 1984; (3) Modification to Sand and Gravel Mining Lease between Loren G. Chambers (as Lessor) and Mobile Premix Company (predecessor of Lessee, as Lessee), dated December 8, 1986, and recorded in the official records of the Clerk & Recorder at Book 454 Page 514; (4) Assignment of Lease between Eagle County (as assignee), Mobile Premix Company (predecessor of Lessee, as Lessee) and Loren G. Chambers (as assignor), dated December 8, 1986, and recorded in the official records of the Clerk & Recorder of Eagle County at Book 456 Page 596; (5) Second Amendment to Sand and Gravel Lease, entered into July 21, 1997, with Western Mobile Pre -Mix Company (predecessor of Lessee, as Lessee) effective April 1, 1997; (6) Third Amendment of Sand and Gravel Lease, entered into October 2, 1998 between Lessor and Western Mobile Northern, Inc. (hereafter, "Third Amendment"). (7) Fourth Amendment of Sand and Gravel lease, entered into March 20, 2001 between Lessor and Western Mobile Northern, Inc., a wholly owned subsidiary of Lafarge West, Inc. (hereafter, "Fourth Amendment"). (8) Fifth Amendment of Sand and Gravel lease, entered into March 21, 2006 between Lessor and Lafarge West, Inc. (hereafter "Fifth Amendment "). (9) Sixth Amendment to Sand and Gravel Mining lease, entered into February 23, 2010 between Lessor and Lafarge West, Inc. (hereafter "Sixth Amendment"). WHEREAS, the County and Lafarge mutually desire to again amend the Lease to resolve and clarify payment schedule of the agreed capital payment by Lafarge, and 1 0_.10-361 WHEREAS, the recitals contained herein are incorporated as part of this Seventh Amendment and are to be construed as accurately reflecting the intent of the County and Lafarge in amending the Lease. NOW, THEREFORE, for and in consideration of the Lease and the mutual covenants contained in this Amendment, the parties agree as follows: 1. The capital payment called out in Paragraph 9 of the Sixth Amendment shall be paid as follows. A payment shall be due on January 31, 2011 in the amount of Two Hundred Fifty Thousand dollars ($250,000.00), a second payment shall be due May 31, 2011 in the amount of One Million and Five Hundred Thousand dollars ($1,500,000.00), and a third payment shall be due January 31, 2012 in the amount of One Million and Nine Hundred and Twenty Five Thousand dollars ($1, 925,000.00). No such capital payment shall be required if Lafarge is unable to obtain requisite state mining permit, County special use permit, or WECMRD approvals. Lafarge will diligently pursue all permits and provide the County with periodic updates of progress. 2. Upon request made by Eagle County, Lafarge will consider making a capital funds payment prior to the dates listed in paragraph 1 above. The parties agree that the timing and amount of early payment shall be by mutual agreement between the parties. Absent such mutual agreement, the payments shall be made on the dates set forth herein. 3. Lafarge will complete all excavation of that portion of the Expansion Area west of the Mining Phase Line shown on the attached Exhibit A, attached hereto and incorporated herein by this reference, by August 15, 2011. The term "complete" as used herein shall mean that the area is excavated per the approved mining plan in the Special Use Permit and turned over to the County ready for field construction. 4. Except as herein expressly amended, the terms and conditions of the Sixth Amendment of the Sand and Gravel Lease shall remain in full force and effect. 5. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. Any dispute of this Lease shall be determined by Colorado law and the venue for the same shall be in Eagle County, Colorado. / /REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK// 2 • WHEREFORE, the parties have executed this agreement on, and effective as of, the date first set forth above. "Lessor ": COUNTY OF EAGLE, STATE OF COLORADO, id Through its BOARD OF COUNTY c§.4 . ' - � + ISSIONERS ATTEST: ' H �I Clerk of the sand o Sara J. Fisher, Cha an County Commissioners _ ( j Ov 5 Date: 101(2-1 ( "Lessee ": LAFARGE WEST, INC., a Delaware corporation ATTEST: Z , Todd Ohlheiser Vice President, Mountain West Aggregates Date: 3 . „ 1 , . i ; -,* 1— r .-,-il l ... ,_ / .'''" :::'' '''', !, I fi Fan an; i i f i '.). ,, gq"fgvhgu.; T ,,,; ..,,,:`,„,..,P.E....,.-g.,.'iii6U,5 °' :•'..itItgOgg. I I 1! I 1 1 1 3 i x 1".1' t 1 llem.g,S.116,1 L--___A ' ,-,/ . .o'/ .1 IL LI " R i c:J.- W cip,i,N Z K w g 3 g .- • i , z 6 .6R!Z e // li / N Z i t:. l (.) // .kiii 1 •=t d 1 1. • .....'', '' ' ... -----''-'7-- -- -\,‘',.,) ,..- - ,( th \ . \ ,i: ' '...-' %; Y 1 ' ■ M` , ' / h '',='■-. - - -- -.L.T : I ii; 1 # 1 o . i . , - g „, i e 1' il // k '' z ' .j : 1 - • - 1 Ilg ! : ,T ,,, ‘ ri: I (.1 4 2 , •,:,, E Ian r -"' '''''' -'' 'I i i ( .i.V.: : H. 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