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2017-04-10_REVISION - M1987164 (3)
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2017-04-10_REVISION - M1987164 (3)
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Entry Properties
Last modified
6/16/2021 2:21:15 PM
Creation date
7/19/2017 11:18:35 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1987164
IBM Index Class Name
REVISION
Doc Date
4/10/2017
Doc Name
Application
From
Connell/Oldcastle
To
DRMS
Type & Sequence
SO2
Email Name
ACY
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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under the Permit, with the exception of the Camilletti can mine Materials under the Permit for Mining Pod#1. Tenant has assumed Connell's future obligations <br /> Pit reclamation referenced below. As soon as <br /> reasonably possible, but in no event later than June 30, 2017, Connell shall complete any reclamation <br /> (including all grading and the initial seeding of vegetation)required with respect to the Camilletti Pit(which <br /> is also covered by the Permit). Other than the Permit, Tenant shall be responsible, at Tenant's sole cost, <br /> for obtaining any permits which may be necessary for the extraction of Materials from the Mining Pods and <br /> for any dedication of open space required by Routt County in connection with such permits,together with <br /> all costs associated with such dedication. <br /> (d) Access and Roads. Tenant shall have non-exclusive access to the Property <br /> outside the Mining Pods, other than the County Lease Areas, for the constructing, maintaining,and using haul roads between the Mining Pods andforoses accessing publ c at Tenant'sl roads. <br /> In addition, Tenant shall have the right at all times during the Term, at Tenant's sole cost, to construct, <br /> maintain,and use a 30 to 40 foot wide haul road through the County Lease Areas along the southern border <br /> of the Property provided that Tenant has obtained the prior written consent of Routt County for such road. <br /> Tenant shall reasonably cooperate with CWH regarding the location of such haul roads. CWH expressly <br /> acknowledges that Tenant plans to operate a hot-mix asphalt plant on Mining Pod#1 throughout the Term, <br /> and will need to efficiently haul Materials from the other Mining Pods to such plant. <br /> (e) Reserved Rights. CWH reserves the right to use, possess and occupy such <br /> areas of the Property as may not be in use by Tenant for agricultural purposes, so long as such use, <br /> possession and occupation does not interfere with Tenant's allowed operations under this Lease. <br /> Notwithstanding the foregoing,without the express authorization of Tenant,no person may enter any open <br /> mining area,plant site,or facility secured or otherwise physically controlled by Tenant on the Premises. <br /> (fl Mining Pod #4. Notwithstanding anything herein to the contrary, and in <br /> addition to any other governmental approval and permitting requirements, Tenant may not commence any <br /> mining operations on Mining Pod#4 unless and until Tenant and CWH have obtained any necessary rights <br /> from the State of Colorado and agreed upon a royalty structure for Mining Pod#4,which structure shall be <br /> reasonably consistent with the structure applicable to Mining Pods#1-3 hereunder. <br /> 3• PAYMENTS. <br /> (a) Generally. All payments required to be made by Tenant hereunder shall be <br /> made by wire or ACH transfer to the account designated in writing by CWH. CWH and Connell agree that <br /> CWH is acting as Connell's agent in the collection of any sublease payments due to Connell, and that the <br /> making of such payments by Tenant to CWH shall be deemed to c <br /> Connell for the agreements made by Connell herein. onstitute adequate consideration to <br /> (b) Fixed Rent. As partial payment for the surface rights granted to Tenant herein <br /> he <br /> and in addition to any other payments made under this Lease,Tenant shall pay annual rent o <br /> "Fixed Rent") during the term of this Lease. Fixed Rent shall be payable in quarterly installmentst , <br /> of <br /> due in advance on the first business day of each calendar quarter,and shall be evenly prorated for <br /> any partial periods that may exist at the beginning or end of the Term. <br /> (c) Epyalty. In exchange for the rights to mine Materials granted to Tenant <br /> hereunder, and Tenant's surface area disturbance of the Premises, Tenant shall pay CWH a royalty equal <br /> to (a)1W(the "Royalty Rate") per ton of Products sold by Tenant plus (b)the Imported Royalty Rate <br /> per ton of Imported Products sold by Tenant (together referred to as the "Royalty"). The "Imported <br /> Royalty Rate"shall be equal to the then-current Royalty Rate minus <br /> W then ed byway of clarification, the Royalty Rate for Mining Pod #1 is initially comprised ofl hle fol ow0ing: (a) <br /> compensation to CWH for the Products removed and sold by Tenant in the amount of <br /> sublease payment to CWH, as agent for Connell, in the amount o �Per ton, (b) <br /> and (c) surface area <br /> disturbance payment to CWH of4Wper ton. The allocation of the Royalty per <br /> of Mining Pods #2 and <br /> 3 <br />
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