|
9
<br /> i
<br /> f
<br /> E
<br /> Cottonwood Quarry for the purposes of quarrying,mining,removing, crushing,
<br /> marketing and selling of sand,gravel,rock, dirt,soil,and fill material,and for the t
<br /> purposes of concrete and asphalt production and the marketing and sale of the same.
<br /> In consideration of the leasing of the premises,the parties do hereby agree to the following terms
<br /> and conditions.
<br /> SECTION ONE
<br /> LEASED PREMISES
<br /> 1.0 The Premises include areas for the putpose of quarrying,mining,removing,
<br /> crushing,processing of mined materials, asphalt production,asphalt plant,concrete batch plant,
<br /> concrete production, and for marketing of all sand, gravel,rock,dirt,soil, and fill material, and
<br /> for ingress and egress to and from the Premises and easements for utilities for permitted
<br /> activities upon the Premises. All of the above activities to be conducted pursuant to the permits
<br /> and by the authority of said permits issued by the State of Colorado and/or Grand County
<br /> governments. This lease includes the use of the Premises for parking areas, driveways,and #
<br /> roads. '
<br /> 1.1 Tenant agrees to terminate the production of asphalt should the smell odor,
<br /> � p P
<br /> chemicals or byproducts of asphalt production unreasonably interfere with Landlord's,or
<br /> Landlord's members',use and enjoyment of Landlord's adjoining real property. Landlord will
<br /> give notice to Tenant notice of any such condition,in writing. Tenant shall have thirty(30) days
<br /> to cure the unreasonable condition. If the subject condition is not cured within thirty(30) days, k
<br /> then Tenant shall stop asphalt production for the remainder of that asphalt production season.
<br /> 1.3 Tenant shall have the exclusive use of Cottonwood Quarry to mine materials,
<br /> quarry material,process material and store materials used for marketing of sand, gravel,rock,
<br /> soil,dirt,fill material,asphalt and concrete.
<br /> 1.4 Landlord holds direct flow and storage water rights on adjoining properties.
<br /> Tenant may use a portion of this water for controlling dust,washing of material and processing
<br /> of concrete, as reasonably necessary for Tenant's operations upon the premises. Landlord's
<br /> water will be available in the current streams, ditches,points of diversions or reservoirs for the
<br /> control of dust and washing of mined material,when legally and physically available to
<br /> Landlord. Tenant is responsible for transporting said water from the creeks,ditches,points of
<br /> diversions or reservoirs to the Premises.
<br /> SECTION TWO ,
<br /> RENT/ROYALTIES
<br /> 2.1 Between the Effective Date and the Commencement Date,Tenant shall pay the
<br /> royalties and rent and provide the reporting of materials minded and shipped from the Premises
<br /> as provided for in the Current Lease to Landlord.
<br /> i
<br /> F
<br />
|