ADDENDUM TO MINING AGREEMENT
Exhibit 10.3
ADDENDUM TO MINING AGREEMENT
This Addendum is dated November 10th, 2009, between Xxxxxxx Mining & Land Company and CARBO.
Xxxxxxx and XXXXX agree as follows:
Agreement dated January 1, 2003 between Xxxxxxx and CARBO:
For purposes of clarification between Contractor and Owner, the list of Owner’s Lands, as of the
date of this Addendum, constitutes the properties listed below. Contractor, pursuant to the
Agreement and this Addendum, shall have the sole rights to mine, for Owner, the following Owner’s
Lands:
(1) Xxxxx Lease Tract:
(Xxxxxxxxx Co. Index Map #16) Mining Lease Agreement dated May 29, 1964, by
and between Xxxxxx X. Xxxxx, as landlord, and Xxxxxxxx Mining Corporation, as
lessee, for minerals located on 636.5 acres, more or less, Xxxxxxxxx County
Georgia. (Subject to the provisions of Section 1.1). Said lease is recorded in
Deed Book 108, Page 420. LESS AND EXCEPT those portions of said tract subleased to
(a) CARBO CERAMICS INC., being 190.63 acres shown on a plat recorded at Plat Book
19, Page 133; (b) IMERYS CLAY COMPANY, being 21.97 acres shown on a plat recorded
at Deed Book 213, Page 38, said records; and (c) XXXXXXXXX KAOLIN ASSOCIATES
shown on the sketch attached hereto as Exhibit C as “Out WKA” being two parcels,
and being further described in the recorded subleases from SEMCOA to XXXXXXXXX
KAOLIN ASSOCIATES.
(2) Xxxxx Lease Tract:
(Xxxxxxxxx Co. Index Map #26) 84.56 acre portion of said 805 acre tract shown on a
plat for Carbo Ceramics, Inc. by Xxxxx X. Xxxxxx dated July 17, 2003 recorded in
Plat Book 19, Page 235, Xxxxxxxxx County deed records, which portion was subleased
to CARBO CERAMICS INC. as shown on a Memorandum of Sublease recorded at Deed Book
281, Page 243, said records. Mining Lease Agreement dated July 17, 1964, by and
between X. X. Xxxxx, Xx. and Xxx. Xxxxxx Xxxxx Xxxxxx, as landlord, and Xxxxxxxx
Mining Corporation, as lessee, for minerals located on 805 acres, more or less,
Xxxxxxxxx County, Georgia. Said lease is recorded in Deed Book 108, Page 456.
(3) Xxxxxx — Xxxxxx: Fee Simple
All that tract of land in the 329 G.M.D. Xxxxxxxxx County, Georgia and being that
70.41 acre tract shown on a plat for Xxxxxx X. Xxxxxx and Xxxxxxx X. Xxxxxx,
recorded in Plat Book 1, Page 134, Office of the Clerk of Superior Court of
Xxxxxxxxx County Georgia.
LAND DESCRIPTION: All that tract or parcel of land situate, lying and being in the
Third Land District, in the 329th (Xxxxxxxx) G.M. District of Xxxxxxxxx
County, Georgia, containing Seventy and Forty One-hundredths (70.41) acres, and
being now or formerly bounded as follows: North and Northeast by the lands known as
the Old Xxx Xxxxxxxx place: Northwest by other lands of X.X. Xxxx; South and
Southwest by lands of W.I. Xxxxx, Jr.; East and Southeast by the public road
leading by way of the Xxxxxxxx place
and/or the Xxx Xxxxxxxx place, and said lands being more particularly shown and
delineated in a plat made of same by Xxxx X. Xxxxxxxx, dated January 28, 1963, of
Record in Plat Book 4, Page 119, in the Office of the Clerk of the Superior Court
of Xxxxxxxxx County, Georgia, a copy of said plat being attached to this instrument
and being made a part of this instrument. Said lands herein described being a part
of the lands conveyed by the following instruments: (1) X.X. Xxxxxxxx,
administrator of X.X. Xxxxxxxx to M.B.
Xxxxxx, recorded in Book X, Page 487; (2) M.B. Xxxxxx to Xxx. X.X. Xxxxxx, recorded
in Book 20, Page 64; (3) Xxx. X.X. Xxxxxx to Xxx. X.X. Xxxxxx, recorded in Book 23,
Page 129; (4) Xxx. X.X. Xxxxxx to Xxx. Xxxx Xxxxxxxxx, recorded in Book 29, Page
409; (5) X.X. Xxxxxxxx, Attorney in Fact for Xxx. Xxxx Xxxxxxxxx, to X.X. Xxxxxxxx,
recorded in Book 39, Page 428-9; (6) X.X. Xxxxxxxx to H.E. Xxxxxxxx, recorded in
Book 40, Page 325; (7) H.E. Xxxxxxxx to Xxxxxxx X. Day, recorded in Book 61, Page
323; (8) Xxxxxxx X. Day to X.X. Xxxx, recorded in Book 61, Page 324; all of said
instruments being of record in the Office of the Clerk of the Superior Court of
Xxxxxxxxx County, Georgia, and a plat of the whole tract of land conveyed by said
instruments being of record in Plat Book 1, Page 134.
(4) X.X. Xxxx Lease
(Xxxxxxxxx Co. Index Map #27) Mining Lease Agreement dated May 23, 1964, by
and between X. X. Xxxx, as lessor, and Xxxxxxxx Mining Corporation, as lessee, for
minerals located on 113.52 acres, more or less, Xxxxxxxxx County, Georgia. Said
lease is recorded in Deed Book 108, Page 462.
(5) XXXXXXX TRACT Fee simple Tract:
All that tract of land in the 329th G.M.D. Xxxxxxxxx County,
Georgia, consisting of all of Parcel C (containing approximately 195.33
acres), as shown on a plat for Xxxxxxxx Metals Company by Xxxxxx XxXxxxxx
Surveyors, Inc. dated November 1979, recorded in Plat Book 13, Page 92,
Office of the Clerk of Superior Court of Xxxxxxxxx County, Georgia, which
plat is by this reference incorporated herein.
(6) Xxxxx Z Cut Lease:
All that tract of land in the 329 G.M.D. Xxxxxxxxx County, Georgia and being that
53.02 acre tract shown on a plat for CARBO CERAMICS, INC. by Xxxxx X. Xxxxxx dated
September 24, 2009, recorded in Plat Book _______, Page _________, Office of the
Clerk of Superior Court of Xxxxxxxxx County Georgia.
SPECIAL PROVISION: It is noted that said description includes road right of way
for county road 142. Said tract is subleased subject to the rights of Xxxxxxxxx
County and the public to said road rights of way.
(7) Chattahoochee Brick Fee simple Tract:
(Xxxxxxxxx Co. Index Map #56) All that certain lot, piece or parcel
of land containing 453.16 acres, more or less, situated in Xxxxxxxxx County,
Georgia, conveyed to Xxxxxxxx Mining Corporation by deeds dated December 14, 1976,
and recorded in the Office of the Clerk of the Superior Court of Xxxxxxxxx County,
Georgia in Deed Book 141, pages 261-3, and dated June 15, 1977 and recorded in the
Xxxxxxxxx County Clerk’s Office in Deed Book 143, page 249-50, and as further
described in that certain affidavit to Clarify the Legal Description of Certain
Real Property by the recording of Plats of Survey Pertaining Thereto dated August
29, 1986, and recorded September 29, 1986 in the Xxxxxxxxx County Clerk’s Office in
Deed Book 177, pages 184-86, with said plat recorded in Plat Book 13, page 92.
1. TERM: Section 1 is deleted in its entirety and replaced with the following:
“The term of this Agreement shall commence on January 1, 2003 and shall be in effect until such
time as all of Owner’s Lands have been fully depleted, which shall have been deemed to occur at
such time that any Product mined from such Owner’s Lands shall no longer have a viable,
economic use suitable by Owner.”
Contractor and Owner agree that any properties which Owner purchases pursuant to that certain
Exclusive Option Contract by and between Southeast Minerals Corporation Of America and Owner dated
as of September 28, 2006 shall be considered Owner’s Lands under this Agreement and thus Contractor
shall have the right to mine them for Product as well until such time as they are fully depleted
and no longer have a viable, economic use suitable by Owner.
Xxxxxxx and CARBO further agree that all terms and prices to mine on above listed properties will
remain the same as stated in the January 1, 2003 “Mining Agreement” between Xxxxxxx and XXXXX. Any
term or condition in the Mining Agreement not amended or clarified in this Addendum shall remain
unchanged and in full force and effect.
Xxxxxxx and CARBO further agree that any all capitalized terms contained herein that are not
otherwise defined, shall have the meaning ascribed to them in the Mining Agreement.
| CARBO Ceramics Inc. | Xxxxxxx Mining and Lands Company | |||||||||
By: |
/s/ Xxxx Xxxxxxx | By: | /s/ X. X. Xxxxx | |||||||
| Print Name and Title | Print Name and Title | |||||||||
