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STATE OF COLORADO
<br /> Rev.02/2014 STATE BOARD OF LAND COMMISSIONERS
<br /> Department of Natural Resources
<br /> Denver,Colorado
<br /> AMENDED AND RESTATED SAND&GRAVEL LEASE NO.QL64
<br /> FIFTH AMENDMENT
<br /> WHEREAS,this Lease was amended on April 16, 1992,April 19, 1995,August 23, 1996,and July 30,2004 and;
<br /> WHEREAS, Lessee has made written request by letter dated August 8, 2013, to the State Board of Land
<br /> Commissioners for an amendment to renew the lease term,and;
<br /> WHEREAS, Lessee is aware that the property is designated Stewardship Trust and therefore requires a higher
<br /> standard of maintenance and reclamation than other state lands,and;
<br /> WHEREAS, Lessee and Lessor mutually agree to reduce the amount of lands included in the lease,and;
<br /> NOW THEREFORE, It is ordered that the above-numbered lease is hereby amended as captioned below and shall
<br /> be effective on April 13,2014;
<br /> THIS MINING LEASE, Made on April 13, 1988,which is the anniversary date of this Lease,and amended this 6th
<br /> day of February, 2014, by and between the State of Colorado, acting through its STATE BOARD OF LAND
<br /> COMMISSIONERS,hereinafter referred to as Lessor,and Schmidt Construction Company,2635 Delta Drive,Colorado
<br /> Springs,CO 80910, hereinafter referred to as Lessee:
<br /> WITNESSET14: Lessor, for and in consideration of the sum of Two thousand five hundred eighty and no/100
<br /> Dollars($2j N),receipt of which is hereby acknowledged as payment of the first year's rent,and in further consideration
<br /> of Lessees agreement to pay Three and no/100 Dollars(S 3.00)per acre annually due on April 13,as rental in advance of
<br /> the anniversary date of this lease so long as said lease shall remain in effect; and in further consideration of the terms,
<br /> conditions and agreements herein and of the payments of annual rentals and royalties reserved herein, to be kept and
<br /> performed by Lessee, its successors and assigns, does hereby lease to Lessee the right and privilege of exploring and
<br /> prospecting for, developing,and mining of and taking of sand,gavel,and fill material from the lands herein described,
<br /> hereinafter referred to as,"Leased Premises",situated in the County of Arapahoe,State of Colorado,to wit:
<br /> ACRES_ SUBDIVISION SE ,TWP.RGE, PATE dNI
<br /> 160 W2W2NW;NWSW;S2SW 12-5S-65W None
<br /> 480 NW;S2 13-SS-65W None
<br /> 140 N2NW; E2NWNE;NENE 24-5S-65W None
<br /> 80 E2E2SW;W2W2SE 25-5S-65W None
<br /> Total Leasehold acres 860.00
<br /> FUND:School
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