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Paelof 5
<br />Judg Beniner Clerk & Recorder
<br />Huerfano Count9► CO RP $0.00
<br />1.19 -11 -2013 12:59 PM Recording Fee WAG
<br />ROCK, SAND AND GRAVEL QUARRY LEASE
<br />THIS ROCK, SAND AND GRAVEL QUARRY LEASE (the "Lease ") is made and entered into as of 4th
<br />September , 2013 by and between Dolores M. Campbell (LESSOR), individually and as
<br />Trustee of the Ian and Delores Campbell Living Trust, whose address is 2848 Hermosa Avenue,
<br />LaCrescenta, CA 91214 and Huerfano County Government (LESSEE), a political sub - division in the
<br />State of Colorado, whose address is 401 Main Street, Suite 201, Walsenburg, CO 81089.
<br />1. Grant of Lease. LESSOR, for the consideration described herein, hereby exclusively
<br />leases to LESSEE, and LESSEE agrees to lease from LESSOR, for the purposes herein described,
<br />that certain real property located in Huerfano County, Colorado more particularly described as follows:
<br />The gravel pit is located in Township 29 South Range 68 West Section 8 the NE1 /4NE1/4 and
<br />Township 29 South Range 68 West Section 9 the NW1 /4NW1 /4, of the 6t' P.M. County of Huerfano,
<br />State of Colorado, containing 40 acres more /less.
<br />LESSOR hereby represents and warrants that it presently has full right, title and interest in and to the
<br />real property and material comprising the Leased Property subject only to this Lease, and has not
<br />granted any other interest therein, and that so long as the Lease remains in effect, LESSOR will defend
<br />such right, title and interest and will not do or suffer anything that will interfere or impair LESSEE'S
<br />rights hereunder. LESSOR hereby further agrees that, during the Term of this Lease, LESSOR will not
<br />lease, convey or otherwise transfer any of the minerals located in, on or underneath the Lease Property
<br />to any person or entity whatsoever, other than LESSEE, nor grant any other rights hereto, unless the
<br />written permission of LESSEE is first obtained.
<br />2. Term of Lease. The Lease term shall be for a period of fifteen (15) years. The lease
<br />term shall begin upon the date the State of Colorado, Division of Reclamation, Mining & Safety issues a
<br />permit to the LESSEE, for the parcel of land described above.
<br />3. Permitted Uses. This Lease is granted for purposes of giving LESSEE the exclusive
<br />right to explore for, mine, preserve, operate, remove, produce, and transport all rock, sand, gravel
<br />and/or earth fill available from the Property during the Term. In connection with the foregoing, LESSOR
<br />agrees that the LESSEE shall also have the right to conduct all activity on the Property typically
<br />associated with the foregoing uses, including, without limitation: (1) rights of access, ingress and egress
<br />to, from and throughout the Leased Property by way of the construction of "haul roads" or other
<br />roadways on, over and across the Leased Property, (2) the right to maintain on the Property an office
<br />shed or building, and such machinery, equipment loaders, trucks, crushers, conveyors and related
<br />equipment associated with LESSEE'S exploration, mining, removal, processing, production, and
<br />transportation activities for the rock, sand, gravel and /or earth fill, and (3) the right to stockpile materials
<br />produced from such activities for future transportation.
<br />4. Rent and Royalty Obligations. In consideration thereof, LESSEE shall have the
<br />following rent and royalty payment obligations under this Lease.
<br />a) LESSEE shall pay LESSOR the sum o or the total amount of processed
<br />material not to exceed 69,999 tons permNeon a yearly basis.
<br />b) In addition the LESSEE shall cause a cattle guard with swing arm to be placed at the
<br />haul road entrance. The gate will remain locked during times of idleness. A key shall
<br />be provided to LESSOR and LESSOR'S designee.
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