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B.Early Termination in the Public Interest CMS 62167
<br /> The State is entering into this Lease for the purpose of carrying out the public policy of the state of Colorado,
<br /> as determined by its Governor,General Assembly,and DOC. Lessor has reason to believe that the Leased
<br /> Premises offers as much benefit to Lessor for its commercial value as it does in supporting Lessor programs
<br /> and institutions. Good stewardship of the State's assets requires Lessor to affirmatively take reasonable
<br /> measures to realize these benefits prior to, for the duration of, and upon and after termination of this Lease. If
<br /> this Lease ceases to further the public policy of the State,the State,in its sole discretion,may terminate this
<br /> Lease in whole or in part. Exercise by the State of this right shall not be deemed a breach of its obligations
<br /> hereunder. In such event,State shall provide Lessee written notice,as provided in§18 at least one hundred
<br /> eighty(180)days prior to the identified termination date. If this Lease is so terminated,Lessee shall pay
<br /> prorated Lease Fees,if applicable,through the termination date,along with continuing Royalties,through the
<br /> termination date.
<br /> Early termination in the public interest shall result from one or more of the following causes.
<br /> i. Failure,on the part of Lessee,to utilize available offender labor in a meaningful way,as set forth within
<br /> Exhibit H,
<br /> ii. Legislative act or declaration of the Colorado General Assembly,
<br /> tii. Executive Order of the Governor,or
<br /> iv. Order of a court having appropriate jurisdiction.
<br /> C. Lessee's Removal Obligations
<br /> In the event this Lease terminates by the expiration of its term or earlier pursuant to the terms hereof,and all
<br /> obligations of Lessee under this Lease are satisfied,Lessee shall remove all Lessee's improvements,
<br /> equipment,man-made objects of any type,including stockpiles(except as these stockpiles may be disposed of
<br /> or incorporated into the Leased Premises pursuant to Exhibit D),within one hundred eighty(180)days from
<br /> the date of such termination,at Lessee's sole expense. Lessee shall accomplish such removal without
<br /> unnecessary waste or damage to the Leased Premises,and Lessee shall continue to be liable for Lease Fees
<br /> and Royalties through the date on which such removal is confirmed as complete by Lessor. Any
<br /> improvements and equipment remaining on the Leased Premises after one hundred eighty(180)days
<br /> following termination of the Lease shall be forfeited automatically to Lessor without compensation and
<br /> without necessity of execution of additional documents. If,in the sole determination of Lessor,it becomes
<br /> necessary for Lessor to remove any improvements,equipment or other materials left by Lessee on the Leased
<br /> Premises after one hundred eighty(180)days following termination of the Lease,Lessee shall be liable for and
<br /> reimburse Lessor for the cost of such removal and disposal within thirty(30)days after receiving written
<br /> notification such expense.
<br /> D.Condition at Termination
<br /> At the termination hereof;Lessee shall surrender and deliver the Leased Premises in as substantially good order
<br /> and natural condition as existed immediately prior to the Effective Date of this Lease; excepting,however,in the
<br /> event of loss by fire,inevitable accident,act of God,or changes to the Surface Estate consistent with Exhibit D.
<br /> 18.NOTICES and REPRESENTATIVES
<br /> Each individual identified below is the principal representative of the designating Party.All notices required to be
<br /> given hereunder shall be hand delivered with receipt required or sent by certified or registered trail to such Patty's
<br /> principal representative at the address set forth below. In addition to,but not in lieu of a hard-copy notice,notice
<br /> also may be sent by e-mail to the e-mail addresses,if any,set forth below.Either Party may from time to time
<br /> designate by written notice substitute addresses or persons to whom such notices shall be sent.Unless otherwise
<br /> provided herein,all notices shall be effective upon receipt.
<br /> A.Lessor:
<br /> Steve Smith,Director Richard Weems,Director
<br /> Division of Correctional Industries Facilities Management Service
<br /> PO Box 1600 2862 S.Circle Dr.
<br /> Canon City,CO 81215-1600 Colorado Springs,CO 80906
<br /> steved.smith@state.co.us richard.wecnls@state.co.us
<br /> B.Lessee:
<br /> Michael D. Coleman
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