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CMS 62167
<br /> T7te Executive Director of DOC has authority to enter into this Lease,pursuant to §17-1-105(1)(d),Colorado
<br /> Revised Statutes(C.RS.),allowing DOC to encumber the Leased Premises and to relinquish the commercially
<br /> viable portion of the Surface Estate as provided in this Lease. Required approvals,clearance and coordination
<br /> have been accomplished from and with appropriate agencies.
<br /> B.Consideration
<br /> The Parties acknowledge that the mutual promises and covenants contained herein and other good and
<br /> valuable consideration are sufficient and adequate to support this Lease.
<br /> C.Purpose
<br /> Lessee shall have access to and non-exclusive use of the Leased Premises for purposes of exploration,
<br /> development,mining,sorting,producing,cleaning,stockpiling,loading,and shipment of Construction
<br /> Materials originating on the Leased Premises,doing so in a manner typical of the industry producing what is
<br /> commonly called sand,gravel,and rock,and for the other purposes authorized in Exhibit C,as provided
<br /> herein by use,in part,of labor supplied by CCi.
<br /> D.References
<br /> All references in this Lease to sections(whether spelled out or using the§symboI),subsections,exhibits or
<br /> other attachments,are references to sections,subsections,exhibits or other attachments contained herein or
<br /> incorporated as a part hereof,unless otherwise noted.
<br /> 4.DEFINITIONS
<br /> The following terms as used herein shall be construed and interpreted as follows:
<br /> A. Commercial Operation
<br /> "Commercial Operation"means activities at the Leased Premises contemplated under this Lease other than
<br /> exploration,fencing,and the posting of required and elective signage.
<br /> B.Construction Materials
<br /> "Construction Materials"means rock,clay,silt,sand,gravel,limestone,dimensional stone,marble,or shale
<br /> extracted for use in either the production of non-metallic construction products or general construction,
<br /> exclusive of Overburden supporting grasses and other flora. Construction Materials excludes soils(including
<br /> topsoils),which are normally associated with Overburden.
<br /> C.Evaluation
<br /> "Evaluation"means the process of examining Lessor's performance pursuant to§21 and rating it based on
<br /> criteria established in this Lease,including Exhibit D.
<br /> D.Exhibits and other Attachments
<br /> The following are attached hereto and incorporated by reference herein.
<br /> L Exhibit A(Leased Premises Description),
<br /> 1 Exhibit B(Leased Premises Boundary Modification),
<br /> iii. Exhibit C (Acceptable Uses of Leased Premises),
<br /> iv. Exhibit D (Development Plan),
<br /> v. Exhibit E(Governmental Compliance
<br /> vi. Exhibit F(Water Requirements and Limitations),
<br /> vii. Exhibit G(Insurance),and
<br /> vRL Exhibit A (Offender Labor Agreement).
<br /> E.Fiscal Year
<br /> "Fiscal Year"means the period which runs from July I to the following June 30.
<br /> F.Interest of Public Safety
<br /> "Interest of Public Safety"means a condition or circumstance that must be mitigated to reasonably preserve
<br /> public safety or to prevent immediate public crisis,as determined by the Colorado Department of Public
<br /> Health and Environment,any federal entity having jurisdiction,or a court of law having jurisdiction.
<br /> G.Lease
<br /> "Lease"means this Lease,its terms and conditions,attached exhibits,documents incorporated by reference
<br /> under the terms of this Lease,and any future modifying agreements,exhibits,attachments or references
<br /> incorporated herein pursuant to Colorado state law,Fiscal Rules,and State Controller Policies.
<br /> H.Lease Fees
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