Prepared by and return to:
Sharon Roberts Henderson, Esq.
McGuireWoods LLP
50 North Laura St., Suite 3300
Jacksonville, Florida 32202
AMENDMENT TO MINING LEASE AGREEMENT
-----------------------------------
(Grandin)
This Amendment to Mining Lease Agreement is entered
into by and between FLORIDA ROCK PROPERTIES, INC. ("FRP") as
Landlord, and FLORIDA ROCK INDUSTRIES, INC. ("FRI"), as
Tenant, this 4th day of October, 2006.
RECITALS:
---------
FRI, as Tenant, entered into that certain Mining Lease
Agreement with Grandin Land, Inc., as Landlord, dated
September 1, 1986, recorded in Official Records Book 0539,
page 1908, of the public records of Putnam County, Florida
(the "Lease"). FRP is successor by merger to Grandin Land
Sales, Inc., and is the Landlord under the Lease, as set
forth in Assumption Agreement recorded in Official Records
Book 539, page 1931, of the public records of Putnam County,
Florida.
FRI and FRP desire to amend the Lease as set forth
below.
NOW THEREFORE, in consideration of $10.00 and other
good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the undersigned agree as
follows:
1. The foregoing Recitals are true and correct.
2. Landlord and Tenant hereby agree to modify, amend and
restate in its entirety the first full paragraph of Section
II(b) of Exhibit "D" attached to the Lease, as follows:
(b) Releases. Tenant will release mined out and
reclaimed land and lakes to Landlord for development
when in the Tenant's discretion, development by
Landlord will not impair the then current or planned
future mining activities.
3. Tenant agrees that when mining is complete and no
further mining or operational use of the land is anticipated
by Tenant, Tenant shall reclaim the land in compliance with
either the reclamation standards of the State of Florida or
the reclamation standards of the county where the Leased
Lands are located, whichever is stricter. Whereever any
portions of the Leased Lands are grandfathered so that
reclamation is not required, Tenant shall nevertheless
reclaim the lands in accordance with reclamation standards
of the State of Florida as if the same were legally
applicable, where no further mining or operational use of
the lands is anticipated. Reclamation will include sloping
banks and planting trees, but Landlord acknowledges that
reclamation will not restore the land to its original
condition. Within three (3) years from the date hereof,
Tenant shall begin its reclamation of areas where mining is
now complete, and no further mining or operational use of
the land is anticipated by Tenant.
4. Landlord and Tenant acknowledge that the Lease
continues in full force and effect in accordance with its
terms, as modified herein. In the event of any
inconsistency between the provisions of this Amendment and
the provisions of the Lease as it existed prior to this
Amendment, the terms of this Amendment shall prevail and be
deemed to modify inconsistent terms of the Lease as it
previously existed.
[Signatures on Following Pages]
IN WITNESS WHEREOF, the undersigned have entered into
this Amendment as of the date set forth above.
Signed, sealed and delivered FLORIDA ROCK PROPERTIES, INC.
in the presence of:
____________________________ /s/ John E. Anderson
Print:______________________ By:_________________________
Print: John E. Anderson
Its: Chairman
____________________________
Print:_____________________
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me
this ____ day of October, 2006, by ______________________,
as _____________ of Florida Rock Properties, Inc., a Florida
corporation, on behalf of the corporation. He/She ( ) is
personally known to me or ( ) has produced a valid
Florida Driver's License as identification.
______________________________
Print:________________________
Notary Public, State of Florida
My commission expires:_________
Serial No. ___________________
(Notarial Seal)
Signed, sealed and delivered FLORIDA ROCK INDUSTRIES, INC.
in the presence of:
____________________________ /s/ John D. Milton, Jr.
Print: ______________________ By: _________________________
Print: John D. Milton, Jr.
Its: Executive Vice President
____________________________
Print:______________________
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me
this ____ day of October, 2006, by ______________________,
as ______________ of Florida Rock Industries, Inc., a
Florida corporation, on behalf of the corporation. He/She (
) is personally known to me or ( ) has produced a valid
Florida Driver's License as identification.
______________________________
Print: _______________________
Notary Public, State of Florida
My commission expires:_________
Serial No. ____________________
(Notarial Seal)