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HomeMy WebLinkAboutC15-172 Oldcastle SW Group, Inc. Sand and Gravel Mining Lease SAND AND GRAVEL MINING LEASE BETWEEN EAGLE COUNTY, COLORADO AND OLDCASTLE SW GROUP,INC. This Sand and Gravel Mining Lease (hereafter"Agreement") is entered into this 9day of , 2015, 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 Oldcastle SW Group, Inc . ("Oldcastle or Lessee"). RECITALS WHEREAS, Eagle County owns certain property located at 951 Fairgrounds Road in Eagle, Colorado and more commonly known as the Eagle County Fairgrounds,that it leases for the purpose of extracting sand and gravel (hereafter"the Property"). WHEREAS, the lease history of the Property is as follows: (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"). 1 (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"). (12) Ninth Amendment to Sand and Gravel Mining lease, entered into January 29, 2013 between Lessor and Lafarge West, Inc. (hereafter"Ninth Amendment"). WHEREAS, all of the foregoing agreements described above pursuant to which Lafarge operated the mining activities at the Property will be collectively referred to herein as the "Original Lease." WHEREAS, Oldcastle entered into an Asset Purchase Agreement with Lafarge West, Inc. dated as of May 2, 2013, pursuant to which Oldcastle acquired certain rights, properties and assets owned or held by Lafarge West, Inc. or used by Lafarge West, Inc. primarily related to Lafarge West, Inc.'s operations in Colorado, which assets included the Original Lease. WHEREAS, the County executed a Consent and Estoppel Certificate to such Asset Purchase Agreement dated as of June 11, 2013, pursuant to which County consented to the assignment of the Original Lease to Oldcastle. WHEREAS, the County and Oldcastle now desire to amend and restate the terms of the Original Lease in its entirety with the terms and provisions of this Agreement. AGREEMENT NOW, THEREFORE, for ten dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby amend and restate the Lease in its entirety and agree as follows. This Agreement shall replace and supersede the Original Lease. 1. The County leases to Oldcastle for the purposes of sand and mineral extraction those areas more particularly described on Exhibit A, attached hereto and by this reference incorporated herein(hereafter"Leased Premises"). Within one hundred eighty(180) days of the effective date of this lease, Oldcastle agrees to make application for and diligently pursue an approval of 1) a County special use permit for mining gravel thereon and 2) a Mined Land Reclamation Board permit therefore. If Oldcastle is unable to obtain said permits for any portion of the Leased Premises, that portion shall be immediately removed from this Agreement. By entering into this Agreement, County acts only in its proprietary capacity and makes no representation that any future special use permits or amendments will be granted. This Agreement shall be subject to all terms and conditions set forth in any existing or future Eagle County special use permits and Mined Land Reclamation Board permits. 2 2. Also, notwithstanding the foregoing, the parties acknowledge and agree that, if any of the Leased Premises is on property currently under lease to the Western Eagle County Metropolitan Recreational District("WECMRD"), no mining or processing activities may take place absent the written permission of WECMRD. As such,this Agreement, as it may relate to any portion of the Leased Premises currently under lease to WECMRD, is conditioned upon Oldcastle obtaining requisite WECMRD approvals and will be terminated, as to that portion, without cost to either party if such approval is not obtained. Oldcastle shall obtain such requisite permission of WECMRD prior to occupying any such portion. 3. Hours of operation, environmental management plans, dust control plans, noise control plans, etc. shall be as agreed to and authorized by Eagle County through the special use permitting process. Failure to maintain any special use permit necessary for Oldcastle to lawfully operate on the Leased Premises shall be deemed a violation of this Agreement and cause for termination pursuant to the default provisions of Article 14. 4. Oldcastle shall comply with all current and applicable federal, state and local laws regarding the operation of the mining activity. Failure to comply with such rules and regulations shall be deemed a violation of this Agreement and cause for termination pursuant to the default provisions of Article 14 5. Oldcastle shall complete any excavation from the Leased Premises no later than December 31, 2020, and shall thereafter conduct no further excavation therefrom. 6. Oldcastle shall complete all reclamation in the manner required by the applicable mining permit(s) including reseeding the Leased Premises, and shall insure the reclamation is complete in order to prepare for the DMRS approval process by no later than December 31, 2022. On the expiration or other termination of this Agreement, Oldcastle's right to use of the Leased Premises shall cease, and Oldcastle shall vacate the Leased Premises without unreasonable delay; provided, however, Oldcastle shall be allowed to continue to perform reclamation in the manner required by any applicable permit(s). 7. During the term of this Agreement, as set forth in Article 5 herein, Oldcastle shall remove that high mound material depicted on the attached Exhibit A provided that Oldcastle, in its reasonable discretion, determines that it may mine such material in a commercially reasonable manner. Following execution of this Agreement, Oldcastle will seek any special use permit or state mining permit amendments that may be necessary to mine this material. Oldcastle will diligently seek the requisite approvals unless it determines, in its reasonable discretion, the permits obtained do not allow it to mine this material in a commercially reasonable manner. 8. The Leased Premises shall be reclaimed as agricultural farm land with elevation and contours and conforming to the requirements of any applicable permit(s) for future use of the Leased Premises for ball field construction; provided, however,the parties acknowledge and agree that Oldcastle is not responsible for finish grading the mined area and, instead, Oldcastle shall only be obligated to rough grade the mined area to allow County to contract with a third party to construct any ball field(s) it desires. Oldcastle may use that area shown as Borrow Source for 3 Reclamation on the attached Exhibit A as a borrow source of top soil for reclamation throughout the Leased Premises. Prior to submitting to DMRS for approval, Oldcastle will submit a reclamation plan to the County for its reasonable review, comments, and approval. Subject to the above, Oldcastle agrees to cooperatively work with the County to ensure that all mining and reclamation activities are done in a way to leave the Leased Premises with the appropriate foundation, elevation, and grade necessary for future new ball field construction. Said reclamation plan will be as agreed to by the Parties with the intent of future ball field construction. Oldcastle agrees to incorporate these reasonable recommendations into its operation and reclamation of the Leased Premises. County acknowledges and agrees that Oldcastle is not responsible for, or liable for, relocating any utilities that may prove necessary to allow the Leased Premises to be rough graded or to allow for construction of any ball fields thereafter. Oldcastle agrees to reasonably work with the County when performing its rough grading to allow for slope ratios which could provide spectator seating following County's construction of any ball fields. Oldcastle will construct, as part of its reclamation efforts, an unpaved access road to the area of the potential new ball fields at a location identified in the attached Exhibit A. This road shall be of a standard conforming to the requirements of any applicable permit(s)reasonably approved by the County that will allow ingress and egress by future ball field users. 9. reclamation of the Expansion Area will be in conformance with the plan to be presented and approved by Eagle County through the special use permitting process. Reclamation shall be deemed complete when site preparation is completed pursuant to any applicable permit(s). Oldcastle will revegetate with topsoil in the manner required by any applicable permits. The obligation to reclaim survives the termination of this Agreement. 10. This Agreement shall terminate at the earlier of the dates set forth in Articles 4 and 5 herein, upon the completion of the reclamation in the Leased Premises, or upon termination pursuant to the default provisions of Article 14. 11. As part of the Original Lease, Lafarge agreed to provide capital in a total amount not to exceed $3.925 million to fund the relocation of the ball fields from their current location, shown as Area F on the attached Exhibit A, to another location on the Leased Premises. Of this 3.925 million, Lafarge has provided to the County an amount equal to $ 1,750,000, a portion of which has been expended on design costs and the remainder of which is being held by the County. The Original Lease provided that this amount should be returned to Lafarge if the existing ball fields were not relocated and the material identified in Area F not made available for extraction. The amount returned by the County was to be reduced by the royalty amount to be paid to the County from all materials sold from the additional mining activity on Area B in an amount of $1.75/ton. 12. As Area F is not being included in this Agreement, the County shall return $1,750,000 to Oldcastle, less the royalty amount to be paid to the County from all materials sold from Area B since February 23, 2010, the execution date of the Sixth Amendment. Within sixty (60) days of execution of this Agreement, Oldcastle shall provide to the County records of the minerals extracted and sold since this time from Area B showing the amount of royalty fees due and owing as provided in Section 8 herein. If the County does not dispute these records, it shall 4 make payment to Oldcastle of$1,750,000, less said amounts shown in the audited records within ninety(90) days of receipt of said audited records. Oldcastle acknowledges that said payment is no longer due and owing Lafarge and is now payable to Oldcastle as part of the Asset Purchase Agreement. Oldcastle agrees to indemnify and hold the County harmless for any claims of entitlement Lafarge may bring regarding this payment. 13. Oldcastle acknowledges that there may be utilities crossing through the Leased Premises, including but not limited to water, sewer and gas lines. The County shall make existing documentation regarding utility locations in its possession available to Oldcastle upon request. At all times during this Agreement, access and non-interrupted water and utilities must be available to the existing ball fields, area residences and the Eagle County Animal Shelter and Oldcastle shall not conduct any activities under this Agreement so as to interfere with water and utility service. 14. Termination by either Party may only be for a material breach of the terms and conditions herein and the failure of the breaching party to cure the default within thirty(30) days after receiving written notice of default from the other party,provided that if the nature of the default is such that it cannot be fully cured within thirty(30) days after notice, the defaulting party shall have a reasonable time to diligently complete cure of the default. Notwithstanding the foregoing, the County may terminate this agreement upon thirty(30) days written notice if Oldcastle files a petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Oldcastle. 15. Oldcastle agrees to pay the County royalty fee payments for all material sold from the Leased Premises in an amount of$1.75 per ton. Oldcastle will present quarterly to County a detailed accounting of materials mined and sold from the Leased Premises along with the royalty payment for such period. The quarters shall be January through March,April through June, July through September, and October through December. The quarterly payments shall be due on or before the 15th day of the first month following the end of the quarter. Any previously mined material currently stored anywhere on the Leased Premises shall remain subject to these royalty payments. Beginning in January 2015 and every January thereafter, royalty payments shall be increased annually according to the Denver-Boulder, Colorado Consumer Price Index for All Urban Consumers, All Items published by the U.S. Bureau of Labor Statistics or other similar index approved by the Parties. In no event shall royalty payments be lowered from the previous year's amount. A delinquency charge of two percent(2%)per month shall be added to payments required herein-above, which are rendered more than thirty(30)days delinquent. Delinquency charges shall be due and owing immediately. Unless otherwise notified in writing, all payments due the County shall be delivered to the Eagle County Facilities Management Department, C/O Rick Ullom, PO Box 850, Eagle Colorado 81631. 16. Oldcastle will supply up to 20,000 tons of Class 6 road base material annually to the County upon County request at a cost of ten dollars ($10)per ton; provided, however, County must provide sufficient notice to Oldcastle to allow for the production of such material in the ordinary course of operations. For purposes of this Section 16, sufficient notice shall be deemed 5 ninety(90) days. If Oldcastle cannot provide material from this pit, it shall be obligated to locate and provide material at this cost from another source. Beginning with the second year that the County accepts material and annually thereafter,the cost per ton will be increased by the percentage increase of the Consumer Price Index from the previous year's increase according to the Denver-Boulder, Colorado Consumer Price Index for All Urban Consumers. The material will be provided at times mutually agreed to by the Parties. The material may only be used on County sponsored projects. The County may not assign or otherwise transfer its rights to this material to any other projects. 17. Oldcastle will provide chain link security fencing(6'high from grade) around the Leased Premises so that at all times access to those portions of the Leased Premises being actively mined are fenced off to the public. Fencing will include, at appropriate space intervals, signs, printed in both Spanish and English, warning the public that the property is dangerous and the public should keep out. 18. Oldcastle will maintain accurate records of material processed and sold from each of the lease areas and make those records available for inspection by the County upon request. 19. At all times during business hours,the County and/or its consultants and agents may enter upon the leased premises on reasonable notice to inspect, survey and conduct tests, relative to the County's planned development of the property and to Oldcastle's operations thereon, so long as, before entering the premises, each such individual has been properly trained if such training is required by any federal or state statutes, laws or regulations concerning mine safety training, including the Mine Safety& Health Act and rules, which training Oldcastle shall provide upon the County's request. 20. Oldcastle shall obtain and maintain in effect during the term of this Agreement comprehensive commercial general liability and property damage insurance covering all of Oldcastle's activities, operations and facilities on or at the Leased Premises in an amount of $2,000,000. Said insurance shall name the County as an additional insured and shall provide County with coverage for any covered events to the extent same arise out of. Oldcastle's actions or omissions. Such insurance shall be maintained with a company or companies approved by the County. A certified copy of each insurance policy obtained hereunder or a certificate evidencing the existence of such insurance shall be delivered to the County within ten(10) days after execution of this Agreement. Each such copy or certificate shall contain an endorsement by the insurer obligating the carrier of such insurance to furnish the County with thirty(30)days' notice of any intended cancellation, termination or modification of such insurance. Oldcastle further agrees to notify the County in writing as to any amendment or cancellation of such policies. This insurance obligation, however, shall not apply to, and Oldcastle shall not provide County with insurance coverage for claims by third parties against the County to the extent that such claims against County are caused by County's acts or omissions. 21. Oldcastle shall indemnify and hold harmless the County, its Board of County Commissioners and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants, and its successors from any and all demands, losses, 6 • liabilities, claims or judgments, together with all costs and expenses incident thereto which may accrue against, be charged to, or be recoverable from the County, its Board of County Commissioners, and its individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants and its successors, as a result of the acts or omissions of Oldcastle, its employees or agents, or in connection with Oldcastle's use and occupancy of the Leased Premises. The County shall give to Oldcastle prompt notice of any claim made or suit instituted which in any way, directly or indirectly, affects or might affect Oldcastle and Oldcastle shall have the right to compromise or participate in the defense of any such action to the extent of its own interests. Oldcastle shall likewise give prompt notice to the County of any claim or suit which directly affects or might directly affect Oldcastle's ability to operate hereunder or which in any way affects or might affect the County. This indemnification obligation, however, shall not apply to claims by third parties against the County to the extent that such claims against County are caused by County's acts or omissions. This paragraph shall survive expiration or termination hereof. 22. Except as otherwise provided within this Agreement,the parties mutually agree that nothing contained in this Agreement, nor the operations hereunder, shall in any way be construed to constitute the parties hereto as partners or be construed that Oldcastle is an employee or servant of the County, and in no event shall the County become liable for any loss which may result from the operations of Oldcastle upon the Leased Premises,nor for any indebtedness incurred by Oldcastle in the operations of its business conducted on the Leased Premises. 23. The parties both recognize that it is in the public interest and to their mutual benefit that the mining of the Leased Premises be accomplished in a prompt, efficient and courteous manner. To that end, Oldcastle and the County shall meet together from time to time, upon the written request of either, for the purpose of addressing any legitimate complaints which may have been received by either and reviewing in general the operations on the Leased Premises. Each party agrees to work cooperatively and in good faith to undertake such action as may be reasonable and appropriate to remedy the situation giving rise to any such complaints. 24. The rights herein contracted for shall inure solely to the benefit of the parties to this Agreement, and nothing herein shall be construed to grant a cause of action to non-parties claiming as third party beneficiaries or otherwise. 25. This Agreement 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. All amendments to this Agreement must be made in writing by mutual agreement of the parties, and no oral amendments shall be of any force or effect whatsoever. This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not contained herein are hereby withdrawn and annulled. This Agreement may not be transferred or assigned by Oldcastle without the express written consent of County, which will not be unreasonably withheld. Any sublease or use of the Leased Premises by a third party is prohibited without the express written consent of the County, which will not be unreasonably withheld. 7 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, By and Through its BOARD OF COUNTY 034 4%; OMMISSIONERS ATTEST: y el) By: I u * �, - 1 , " y: �• do : ids iIJ1A1 _I(.I1d Clerk of the Board o f :, , Chairman • County Commissioners 4d 41) �` *1/4-4 — GROU "Lessee": O•. oy.,: ft, O•..COLO. OLDCASTLE SW GROUP, INC. ee,\\oo„ „ ATTEST: 40, By: %t J B Name: 144 Title: j/ Pi-CSi I`r7/ 8 ;;o m G m N 0 r m D Cn m D m D r D q D 0 m m z D czi r �m o n m I 0 D w m X U) s I I 4 m �n ;r m 1 1 1 .1 � // i , • \'` `�, ri }11 11''1^ It If 19 I l , � i 113ax II� I1IIil /i i 1111 /IIr +� mf'f��' 1 1 m A Z O ' r D q D 0 m m z D czi r �m o n m I 0 D w m X U) s I I 4 m �n ;r m 1 1 1 .1 � // i , • \'` `�, ri }11 11''1^ It If 19 I l , � i 113ax II� I1IIil /i i 1111 /IIr +� mf'f��' 1 This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies LDI COI 268896 02 11 NM 772 07-10 Personal & Advertising Injury GENERAL LIABILITY CONFERS NO RIGHTS UPNFORMATION ONLY AND DOES NOT AMEND, EXTINSURANCE POLICY ANDTHIS CERTIFICATE IS ISS This is to Certify that NAME AND ADDRESS OF INSURED is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. OFFICE PHONE DATE ISSUED TYPE OF POLICY EXP DATE CONTINUOUS EXTENDED POLICY TERM POLICY NUMBERLIMIT OF LIABILITY WORKERS COMPENSATION RETRO DATE OCCURRENCE CLAIMS MADE AUTOMOBILE LIABILITY OWNED NON-OWNED HIRED OTHER ADDITIONAL COMMENTS * If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced be fore the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES:EMPLOYERS LIABILITY Bodily Injury by Accident Bodily Injury By Disease Bodily Injury By Disease Policy Limit Each Person Each Accident Each Accident—Single Limit Products / Completed Operations Aggregate OtherOther Each Person Each Accident or Occurrence Each Accident or Occurrence UED AS A MATTER OF ION YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN END, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. Certificate of Insurance General Aggregate Per Person / Organization B.I. And P.D. Combined Ce r t i f i c a t e Ho l d e r Liberty Mutual Insurance Group AUTHORIZED REPRESENTATIVE POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. COMMERCIAL Each Occurrence ✓ Stan Esposito 8/5/2014 Pittsburgh / 0387 12 Federal Street, Ste. 310 PittsburghPA15212-5706412-231-1331 Oldcastle Precast, Inc.27 Amlajack BlvdNewnan GA 30265 Evidence of Coverage 30 TB2-C81-004095-1149/1/2015 $2,000,000-Per Project Aggregate included.✓ $2,000,000 $2,000,000 $2,000,000 Fire Damage-$100,000Medical Exp-$5,000 9/1/2015AS2-C81-004095-124 $2,000,000 Comp Ded $10,000✓ Coll Ded $10,000✓ ✓ WA7-C8D-004095-0249/1/2015 ALL STATES EXCLUDINGMONOPOLISTICS STATES ANDNY WI WC7-C81-004095-014 $1,000,000 $1,000,000 $1,000,000 CERT NO.: 21116924 CLIENT CODE: LM_44 Nicholas Misoni 8/5/2014 4:57:50 PM (EDT) Page 1 of 1 LOAN # AUTHORIZED REPRESENTATIVE NAME AND ADDRESS ADDITIONAL INTEREST LOSS PAYEE ADDITIONAL INSUREDMORTGAGEE REMARKS (Including Special Conditions) EVIDENCE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) COMPANY THIS REPLACES PRIOR EVIDENCE DATED: EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL TERMINATED IF CHECKED POLICY NUMBERLOAN NUMBERINSURED CODE:SUB CODE: AGENCYCUSTOMER ID #: THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY ADDRESS:E-MAILFAX(A/C, No): (A/C, No, Ext):PHONE DEDUCTIBLEAMOUNT OF INSURANCECOVERAGE / PERILS / FORMS COVERAGE INFORMATION LOCATION/DESCRIPTION PROPERTY INFORMATION THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. The ACORD name and logo are registered marks of ACORD ACORD 27 (2009/12)© 1993-2009 ACORD CORPORATION. All rights reserved. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 02/01/2016 X PO BOX 4870� OLDCASTLE SW GROUP, INC.� EAGLE, CO 81631 ALL RISK OF DIRECT PHYSICAL LOSS OR DAMAGE TO REAL PROPERTY AND PERSONAL PROPERTY OTHER DEDUCTIBLES MAY APPLY PER POLICY TERMS AND CONDITIONS. EAGLE COUNTY, COLORADO IS INCLUDED AS LOSS PAYEE PER WRITTEN CONTRACT. VANDALISM, MALICIOUS MISCHIEF, FLOOD AND EARTHQUAKE. EAGLE, CO 81631 EAGLE COUNTY, COLORADO� P. O. BOX 850� J34420-All-Prop-15-16 TWO ALLIANCE CENTER� MARSH USA, INC.� ATLANTA, GA 30326 3560 LENOX ROAD, SUITE 2400� 250,000 MOBILE EQUIPMENT 02/01/2015 of Marsh USA Inc. Manashi Mukherjee 100,000 COVERAGE INCLUDES, BUT IS NOT LIMITED TO FIRE, BUSINESS INCOME, EXTENDED PERILS SUCH AS RE: EAGLE COUNTY FAIRGROUNDS - 951 FAIRGROUNDS ROAD, EAGLE, CO - LEASES FOR THE PURPOSE OF EXTRACTING SAND AND GRAVEL ON A REPLACEMENT COST BASIS, SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. US00005954PR15A XL Insurance America, Inc. ATL-003355023-01 05/02/2015 50,000,000