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2014-10-01_PERMIT FILE - M2014055
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2014-10-01_PERMIT FILE - M2014055
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Last modified
9/6/2020 9:04:48 AM
Creation date
10/2/2014 8:34:20 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2014055
IBM Index Class Name
Permit File
Doc Date
10/1/2014
Doc Name
New 112c Application
From
ACA Products, Inc.
To
DRMS
Email Name
GRM
DMC
Media Type
D
Archive
No
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CMS 62167 <br /> iv. Renewal of the Lease shall be accomplished by formal amendment of the Lease pursuant to§22.G. <br /> 6.LEASED PREMISES DESCRIPTION <br /> A. Leased Premises Ownership <br /> Lessor believes it is the owner of the Surface and Subsurface Estates of the Leased Premises situated in <br /> Section 34,Township 14 South, Range 78 West of the 6th P.M. in the County of Chaffee,state of Colorado, as <br /> described in Exhibit A. <br /> B.Boundary Modification <br /> This Lease anticipates the expansion of the area identified as the Leased Premises over the passage of time. <br /> Any expansions of the Leased Premises,if substantially similar to that indicated in Exhibit B,may be <br /> included by amendment to this Lease pursuant to§22.G.without additional public procurement,modification <br /> of its terms and conditions beyond changes to Exhibit A,and without requiring further local approval,if such <br /> local approval was sought and received prior to the Effective Date of this Lease and such allows an expansion <br /> of the Leased Premises. <br /> C.Premises Quality <br /> Lessee has inspected the Leased Premises,and acknowledges that the state and condition of the Leased <br /> Premises as of the Effective Date is that of pristine quality,free of surface or subsurface contamination of any <br /> nature or source(except use of county roads);and,Lessee further agrees that discovery of such at any time <br /> after the Effective Date shall be the sole responsibility of Lessee(except contamination resulting from the use <br /> of the county roads),including reasonably required mitigation of such. <br /> 7. LEASE,GRANT,and DEMISE—USES and PURPOSES <br /> A,Lessor hereby leases,grants,and demises unto Lessee the right of access to and non-exclusive use of the Leased <br /> Premises for the limited purposes described in Exhibit C,subject to restrictions and reservations identified <br /> herein. <br /> B.The Lease is not for exclusive rights of access and use;Lessor retains the right to access and use the Leased <br /> Premises,without notice,for purposes not inconsistent with Lessee's use of the Leased Premises as well as uses <br /> currently in effect as noted in Exhibit A. <br /> C.Access to Leased Premises. Lessor agrees to provide to Lessee unobstructed and non-exlusive shared access <br /> from County Road 301 to the Leased Premises at any reasonable times for ingress and egress to the Leased <br /> Premises for any purposes allowed under this Lease,as further described and limited herein. <br /> L The access includes an existing gravel road,located immediately to the north of the Leased Premises,and <br /> the access consists of the use of the same means used by the Buena Vista Sanitation District under its lease with <br /> the state of Colorado,by and through the Colorado Department of Corrections,Division of Correctional Industries <br /> (a copy of which Lessor can provide Lessee upon request;hereafter, the"BVSD Leased premises"). <br /> iL Lessee is solely responsible for developing and maintaining this access in a manner necessary for both <br /> Lessee's use and the continued use of the Buena Vista Sanitation District. Any construction,improvement, <br /> maintenance,repair,or replacement required for either the use of Lessee or the Buena Vista Sanitation District,to <br /> the point where the Lessee leaves said access and enters the Leased Premises,shall be undertaken at the sole <br /> expense of the Lessee and effected in such a manner as to assure the Buena Vista Sanitation District continuous <br /> access to the BVSD Leased premises. <br /> UL Lessee shall identify the Buena Vista Sanitation District as an interested party for any governmental or <br /> regulatory processes or applications related to the Leased Premises. <br /> 8. PAYMENTS to LESSOR <br /> Lessee shall, in accordance with the provisions of this§8,pay Lessor Lease Fees and Royalties due hereunder in <br /> the amounts and using the methods set forth below. <br /> A.Lease Fees <br /> i. The amount payable under this Lease to Lessor by Lessee,for the first full year of the Lease Term,is Three <br /> Dollars and No Cents($3.00)per acre per month,paid annually,one year in advance(the"Lease Fee' . <br /> iL The initial Lease Fee is due and payable within thirty(30)days of the Effective Date of this Lease. <br /> Subsequent Lease Fees are due and payable at least thirty(30)days prior to the anniversary of the Effective Date <br /> of this Lease. <br /> Page 4 of 13 <br /> N 5 <br />
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