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• A Quarry Lease Revised - 1
<br /> ROCK, SAND AND GRAVEL QUARRY LEASE
<br /> THIS ROCK, SAND AND GRAVEL QUARRY LEASE (the "Lease") is made and entered into as of
<br /> the 614' day of/✓o7/, , 2013 by and between the City of Walsenburg ("LESSOR"), a municipal
<br /> corporation and a political subdivision in the State of Colorado, whose address is 525 South
<br /> Albert, Walsenburg, CO 81089 and Huerfano County Government ("LESSEE"), a political sub-
<br /> division in the State of Colorado, whose address is 401 Main Street, Suite 201, Walsenburg, CO
<br /> 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 in
<br /> Exhibit "A", as surveyed by Matthew A. Cordova, a Colorado Registered Surveyor, attached
<br /> hereto and incorporated in this document as though fully set forth herein ("Premises").
<br /> LESSOR hereby represents and warrants that it presently has full right,title and interest in and
<br /> to the real property and material comprising the Premises subject only to this Lease, and has
<br /> not granted any other interest therein, and that so long as the Lease remains in effect, LESSOR
<br /> will defend such right,title and interest and will not do or suffer anything that will interfere or
<br /> impair LESSEE'S rights hereunder. LESSOR hereby further agrees that, during the term of this
<br /> lease, LESSOR will not lease, convey or otherwise transfer any of the minerals located in, on or
<br /> underneath the Premises to any person or entity whatsoever, other than LESSEE, nor grant any
<br /> other rights hereto, unless the written permission of LESSEE is first obtained which permission
<br /> shall not be unreasonably withheld.
<br /> 2. Term of Lease. The lease term shall be for a period of fifteen (15) years for the
<br /> mining, preservation, operation, removal, production, and transportion of all rock, sand, gravel
<br /> and/or earth fill plus the amount of time reasonably required to perform all reclamation
<br /> activities required by, and within the time periods set forth in LESSEE'S mining permit issued by
<br /> -- the Colorado Mined Land Reclamation Board, or as otherwise necessary to comply with
<br /> applicable Local, State, and Federal standards.The lease term shall begin upon the date the
<br /> State of Colorado, Division of Reclamation, Mining&Safety issues a permit to the LESSEE, for
<br /> the Premises as described in Exhibit A. The lease term shall terminate upon written notification
<br /> by the LESSEE to the LESSOR that LESSEE has successfully complied with all reclamation
<br /> activities 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,
<br /> gravel and/or earth fill available from the Premises during the lease term. In connection with
<br /> the foregoing, LESSOR agrees that the LESSEE shall also have the right to conduct all activity on
<br /> the Premises typically associated with the foregoing uses, including, without limitation: (1)
<br /> rights of access, ingress and egress to, from and throughout the Leased Property by way of the
<br /> construction of"haul roads" or other roadways on, over and across the Leased Property, (2)the
<br /> right to maintain on the Premises an office shed or building, and such machinery,equipment
<br /> loaders, trucks, crushers, conveyors and related equipment associated with LESSEE'S
<br /> exploration, mining, removal, processing, production, and transportation activities for the rock,
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