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t <br /> MIMING LEASE <br /> THIS LEASE agreement is made and entered into this-LAZ day of April,2010,by <br /> and between DOLORES{SDI=E°)B.BLUE,as Trustee of the DOLORES("DEE°)B.MUE <br /> REVOCABLE TRUST(hereinafter referred to as the "Lessor") whose address is 0404 <br /> i <br /> CountyRoad 104,Carbondale,CO 81623 and WESTERN SLOPE AGGREGATES,INC., <br /> a Colorado corporation, of the County of Garfield and State of Colorado (hereinafter <br /> referred to as the-Lessee-). <br /> For and in consideration of the a� p yment of.rent,the policies'royalties, hereinafter <br /> reserved, and the covenants and agreements herein contained, Lessor hereby leases to <br /> Lessee the property described in Exhibit A attached hereto and forming a part hereof, <br /> commonly known as the'Blue Pit,"to have and to hold the same upon the following terms <br /> and conditions: <br /> I. TERM. This Lease shall have an initial and primary term of twenty(20)years, <br /> commencing the 1°i day of April,2010,and ending on the 31 day of March,2030,unless <br /> sooner forfeited,terminated or extended as hereinafter provided. This Lease,at the option <br /> of the Lessee, may be extended for four(4) additional five (5)year terms, and shall be <br /> i subject to the provisions of Section 19. <br /> i . <br /> 2. TITLE- Lessor represents and warrants that the area covered by this Lease is <br /> free and clear of any and all liens adverse to the rights of Lessee hereurider and that <br /> Lessor shall continue to maintain title to the (eased premises without cost to Lessee <br /> against any lien or claim Averse to Lessee not arising from any action of Lessee. Lessee <br /> acknowledges that Lessor has engaged the services of GAMBA AND ASSOCIATES to <br /> ! review the legal description of the leased premises set forth on the attached Exhibit A. <br /> 'Lessor and Lessee agree that in the event said surveyor determines that there is a <br /> discrepancy in the legal description of the Blue Pit that Exhibit A shall be corrected to <br /> reflect the current legal description of the leased premises.. Furthermore,if for any reason <br /> the additional Special Use Permit is not granted by the County as described below,Exhibit <br /> A shall be modified to remove there from any portion of the Blue Pit which comprised the <br /> area for which an additional Special Use Permit was requested. <br /> 3. USE, Lessee shall enter upon the leased premises and worts the same so as to <br /> mine the greatest amount of sand, gravel and aggregate possible consistent with the <br /> development and preservation of the premises under the terms and conditions of the <br /> Special Use Permit dated December 21, 1981, issued by the County Commissloners of <br /> Garfield County, Colorado and the Mined Land Reclamation Permit No.M-1981-207 dated <br /> March 8, 1982, issued by the State of Colorado. Lessor acknowledges that Lessee Is <br /> currently diligently pursuing a similar Special Use Permit for portions of the property not yet <br /> perrnitted. The County may require that this additional Special Use Permit (1) be <br /> Incorporated Into the exisdng Special Use;or(11)be a separate permit,or(ill)replace the <br /> existing Special Use Permit. Once obtained, such additional Special Use Permit and all <br /> Page 1 of 1 <br />