2014-06-05_REVISION - M1978249 - Laserfiche WebLink

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719470 04/24/2014 09:51 AM B: 01007 P: 643 LSE Page: 1 of 9 R $0.00 D $0.00 T $0.00 Pamela M. Bacon Clerk 3 Reeorder, Logan County, Cc mill INFI ZINUNWIN TAT ul d car w �I 11I Lease and Reclamation Agreement MMM Partnership This lease agreement("Lease") is made and entered into by and between MMM Partnership, LLP, Mark Kokes, General Manager, 15160 Hwy 144 Lot#18 Fort Morgan, CO 80701 ("Owner"), and Logan County, Colorado, a political subdivision of the State of Colorado, 315 Main Street, Sterling, Colorado 807S1 (the "County"). WHEREAS,the County mined gravel from Owner's land located in the West one-half of Section 34,Township 12 North, Range 49 West of the 61h P.M. ("Owner's Land"), in whole or in part pursuant to a Lease Agreement With Option to Buy Material between the County and Owner dated September 2S, 2001 ("2001 Lease") and pursuant to Construction Materials Regular 112 Operation Reclamation Permit No. M-1978-249 ("Permit") from the Colorado Mined Land Reclamation Board ("MLRB"); and WHEREAS,the County mined in areas outside the permitted area; and WHEREAS,the 2001 Lease expired and the County has not completed reclamation of Owner's Land disturbed by the County's mining activities, including re-vegetation,and the MLRB has not released the County from its reclamation responsibilities; and WHEREAS,the County and the Owner desire to allow the County to lease a portion of the Owner's Land for the limited purposes of reclaiming the areas affected by the County's mining activities on Owner's Land and the County obtaining a release of its reclamation responsibilities from the MLRB. NOW,THEREFORE, the parties agree, in consideration of the premises and the covenants to be kept by each party, as follows: 1. Description of Leased Premises: Approximately 32.25 acres in the S1/2 NW1/4 and N1/2 SW1/4 Section 34,Township 12 North, Range 49 West of the 61h P.M. A map of the Leased Premises is attached hereto as EXHIBIT A. In addition, the Leased Premises shall include the existing road used to access the mining area shown on Exhibit A. 2. Lease Price. An annual Lease payment of fifteen thousand dollars ($15,000) will be paid to the Owner each year until this Lease is terminated or until the County obtains a release of its reclamation responsibilities from the MLRB,whichever occurs sooner. The Owner shall not be responsible for refunding any portion of an annual lease payment as a result of termination or release during.the year for which payment is made. Whether the Lease is in effect shall be determined on the anniversary of the date of mutual execution of this Lease. The first payment shall be due within 10 days after the MLRB provides written notice of its formal approval of an amended Permit which includes an expanded boundary consisting of the Leased Premises described in section 1, above, 719958 05/28/2014 08:12 AM B: 01008 P: 131 DOCUMENT Pape: 40 of 63 R �0.00 D $0.00 T $0.00 Pamela M. Bacon C erk Y Reeorder, Logan County, Cc III INFL �V IN11�7+�+RYI U411 �h'1�IN K UNIA 1 II 1