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MINING LEASE <br />Lease made this 13th day of August, 2013, between the Board of County Commissioners for Fremont <br />County, Fremont County Administration Building, 615 Macon Avenue, Canon City, CO, herein referred to as <br />Lessee, and Bill Canterbury, of 2005 County Road 4, Howard, Co, 81233, herein referred to as Lessor. <br />For good and valuable consideration, Lessor lets exclusively to Lessee the following described land: <br />Beginning at a point on the east line of Section 6, Township 48 North, Range 10 East of the N.M.P.M., <br />from whence the southeast corner bears S 00 °09'07" E, 43.68 ";, Township 48 North, Range 10 East of <br />the N.M.P.M.; Thence N 90 °00'00" W, 112.00; Thence S 55 °00'00" W, 100.00'; Thence S 70000'00"W, <br />135.00'; Thence N 20 °00'00" W, 100.00'; Thence N 23 600'00" E, 123.00'; Thence N 53 °07'16" W, 351.01; <br />Thence N 88 °00'00" W, 44.00'; Thence S 59 °00'00" W, 87.50'; Thence S 80 °00'00" W, 294.00'; Thence <br />N70 °00'00" W, 164.00'; Thence N 09 °00'00" E, 274.00'; Thence N 81 °00'00" E, 80.00'; Thence S <br />70 °00'00" E, 116.00'; Thence N 74 °00'00" E, 177.00'; Thence S 49 °23'36" E, 187.96'; Thence S 55 000'00" <br />E, 115.00'; Thence N 81 000'00" E, 520.00'; to a point on the east line of said Section 6; Thence S <br />00 °09'07" E, 461.12' to the point of beginning. <br />Total Leased Land Acreage 8.092 acres + / -. <br />For all purpose of crushing, screening, and removal of stockpiled rock located on the premises, for use as <br />gravel by Lessee for County road work. Lessee shall be entitled to bring onto the property a crusher and such <br />other equipment and machinery for use in its mining activities. <br />Lessee shall pay to Lessor a royalty of $0.50 per ton mined ($0.75 per cubic yard) for all minerals <br />extracted from the premises during the term of this lease. Payments shall be made in the form of $0.25 /ton at <br />the time of completion of each crushing contract and $0.25 /ton at the end of each month for tonnage removed <br />from property. Fremont County shall maintain records of total tonnage extracted. <br />Lessee shall apply for and obtain all applicable State and County permits prior to commencement of <br />mining activities. Lessee shall bear sole financial and other responsibility of reclamation of the site after mining <br />activities are completed. Lessee, agents or subcontractors of Lessee are responsible for mining within the <br />restraints and confines as outlined in the State of Colorado and Fremont County mining and conditional use <br />permits issued for this site. <br />Lessee shall not molest, injure, or interfere with Lessor in the full use, occupation, and enjoyment of the <br />premises, buildings, and improvements including roadways thereon, at any time, more than may be necessary <br />for the efficient mining activities by Lessee, and Lessee shall pay for any damage that may be caused to any <br />crops, livestock, structures, or other property on the premises by the negligence or fault of Lessee or Lessee's <br />contractors or agents. Lessee shall not interfere with the use of the access road, which serves the property and <br />residence of the Lessor. Lessee shall be entitled to stockpile crushed mineral materialsbnsite for future use. <br />