HomeMy WebLinkAboutC13-032 Lafarge West, Inc. Ninth Amendment }
NINTH AMENDMENT TO
SAND AND GRAVEL MINING LEASE
This Ninth Amendment to Sand and Gravel Mining Lease (hereafter "Ninth Amendment ")
is entered into this day of January, 2013, 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 ").
(10) Seventh Amendment to Sand and Gravel Mining lease, entered into
October 12, 2010 between Lessor and Lafarge West, Inc. (hereafter "Seventh
Amendment ").
(11) Eighth Amendment to Sand and Gravel Mining lease, entered into January
31, 2012 between Lessor and Lafarge West, Inc. (hereafter "Eighth Amendment ").
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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
WHEREAS, the recitals contained herein are incorporated as part of this Ninth
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 and as
amended by Paragraphs 1 of the Seventh and Eighth Amendments shall be paid as follows. A
payment shall be due on January 31, 2014 in the amount of Two Million One Hundred Seventy
Five Thousand dollars ($2,175,000). Both parties may terminate without cost until this time as
set forth in Section 12 of the Sixth Amendment. Upon such termination, any amounts previously
paid by Lafarge will be refunded by the County in the form of either a direct payment or offset of
applicable royalty payments as determined by the County.
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 and site earthwork for the area defined as the
new ball field location, as shown on Exhibit A to the Eighth Amendment, by June 1, 2014. 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. Eagle County will issue a notice to proceed with the construction of the new ball
fields to a selected contractor by August 1, 2014, and shall continue with due diligence to
complete construction.
5. 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.
6. 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.
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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,
1 4 - ''34.4e By and Through its BOARD OF COUNTY
(r COMMI SIGNERS
ATTEST:
By:I By: ∎S
Clerk of the Board of Jon S A - ; , Chairman
County Commissioners
"Lessee ":
LAFARGE WEST, INC., a Delaware corporation
ATTEST:
BY: _.� By:
Name: '\\ \ o.w• .
k Al r ? le f Title: a CX1G \Ic a .4 \, e
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