Laserfiche WebLink
Primary Use <br />10. It is agreed and understood that rights and uses provided by this Business Lease and Royalty Agreement is <br />first and superior to any other use of the Property made during the term of this Agreement. <br />The Company and Hardscrabble agree that the extraction of aggregate will be located at certain locations on the <br />property where it is found and at the Company's discretion. Likewise, the location of a hot mix asphalt plant <br />and concrete batch plant shall be at the Company's discretion. Hardscrabble and the Company further agree <br />that Hardscrabble may also lease the property for grazing of livestock as long as this does not interfere with the <br />Company's operation. Hardscrabble agrees all such grazing leases or other uses of the property that they may <br />choose shall be subject to and not interfere with the rights and uses of the Company as provided by this <br />Agreement. <br />The Company shall install and maintain a cattle guard at the entrance to Colorado State Highway No. 120 for <br />use at the Hardscrabble Pit and at the entrance to the Siloam Road. At the option of Hardscrabble, the cattle <br />guards installed shall remain a permanent fixture of the properties. Hardscrabble shall be responsible for the <br />repairs and maintenance of presently existing property boundary fences. The boundary of Hardscrabbles' <br />property shall remain fenced at all times. If it is necessary to move any boundary fences, they shall, at the <br />Company's expense, be replaced by permanent fencing suitable for maintaining livestock on the property. If <br />required by Hardscrabble the Company shall, at the Company's expense, be responsible for installing and <br />maintaining a good and sufficient fence around the active mining operations and any additional cattle guards. <br />The Company shall provide approximately twenty five (25) tons of aggregate annually and deliver to <br />Hardscrabble at a time suitable to both parties and at a location generally referred to as the Phillips Ranch in <br />Fremont County, Colorado. There will be no charge for the aggregate or the delivery. <br />It is expressly agreed and understood that the provisions of this paragraph do not provide Hardscrabble with the <br />right to use the Property in any way that would interfere with the Company's operations. Further, this <br />paragraph nor any other paragraph in this Agreement shall be interpreted to mean that Hardscrabble may allow <br />any use of the property which would interfere with the Company's use under this agreement or allow any other <br />entity to perform any activity on the property permitted by this Agreement, during its term. <br />Ineress/Etress <br />11. Any gravel or asphalt road used for ingress/egress will become a permanent fixture and may be used at <br />any time during or after the termination of this Agreement for access by Hardscrabble to the additional <br />property now owned by them. In addition, the Company shall have the right to construct temporary roads <br />at any other points within the property as may be necessary or useful in the production and removal of any <br />aggregates from the property. The Company may use calcium or magnesium chloride or asphalt products <br />or other products allowed by permits and/or law on the road. <br />Utilities <br />12. The Company may install, at its expense, utilities such as gas or electric as it deems desirable and <br />appropriate. The location for the utility installation shall be as agreed by both parties, and Hardscrabble <br />shall not charge the Company for any required utility easements. <br />11 <br />