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Illilil 11111113 1111111111111111llll llli T1��CU NT WAS FOUs34 �.I��,:. Dr3i;UMtrtvT WAS FOUND 3216934 09/08/2004 02:10P Weld County, CO {, .,.- liNIADEQUATE FOR 1 of 6 R 31.00 0 0.00 Steve Moreno Clerk& Recorder St;J'I�iIING PURPOSES. SAND, GRAVEL AND AGGREGATE MINING LEASE This Sand, Gravel and Aggregate Mining Lease ("Lease") is made this 1`7�A_ day of February, 2000, by and between Mary M. Tigges 12406 WCR 64 1/2, Greeley, Colorado, 80631 ("Landlord"), and Hall-Irwin Corporation, 3026 4 h Avenue, Greeley, Colorado, 80631 ("Tenant"). RECITALS t A. Landlord owns the property described on Exhibit A attached hereto(hereafter known as the "Property"). B. Tenant seeks to permit the Property as a sand, gravel and aggregate mine. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Landlord hereby leases to Tenant her Property for the purposes of operating a sand, gravel and aggregate mine. 1. IL:corporation of Background Statements by Reference. All of the recitals are incorporated herein by reference and made a part of this Lease. 2. Minerals to be Mined. Tenant shall have the right,but not the obligation,to remove sand, gravel and aggregate from the Property. However, Tenant shall not have the right to remove sand, gravel and aggregate from the 10 acre parcel containing improvements which is located in the Northwest corner of the Property. 3. Term. This Lease is effective as of the date of execution and shall expire when all minerals are fully mined, but no later than fifteen (15) years from the date of this Lease. 4. Storage. Tenant may store sand, gravel and aggregate on the Property during the term of this Lease. Tenant may not operate a batch plant on the Property. �'..� c � �1`"5 5. Royalty. Ten nt shad pay "Olord a royalty of$- per ton fo 4� oper ton for , and $.75 per ton for for gravel removed and for all other material sand overjurden nd to $o ) il which is sold. CJ c,+olc.� c�w� p ,{ C'o,t Srskt a•., .y a cr PE.c<:",L-,c� (ckr-llet S 6. irayment Terms. Tenant shall prepay to Landlord royalty as follows: (a)$5,000.00 payable on the effective date of this Lease, which payment is non-refundable ! regardless of whether Tenant elects to mine the Property; and(b)$5,000.00 payable within 30 days after issuance by the Colorado Division of Minerals and Geology ("DMG") of a mining permit for Tenant's operation on the Property (the date the permit is issued shall be the"Permit Date"). All other royalty payments are due by the 30"day of each month following the month in which the material has been sold. All payments shall be mailed to Landlord at 12406 WCR 641/2, Greeley, Colorado, R�.J$a .=:G. a.'+.'»`..=,::Y.: X;�L�u«.a«.s�.'Ax_"....:.�!_„�..aa:"„dC't.%:tR::'Swvct�.,..ns:s.a..,t.w....._.._ .%ci a_..,__.x.+mac....s.,✓..ac... . ........ ..