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RIGHT TO ENTER AGREEMENT TO OBTAIN SOIL AND/OR GRAVEL FOR ROAD PURPOSES 12 THIS AGREEMENT is made and entered into this / day of 6 4 2015, by, and between the Board of County Commissioners of the County of Weld, State of Colorado, 1150"O" Street, Greeley, Colorado 80631, (hereinafter referred to as "County"), and John L. Peters, P.O. Box 37, Hereford, CO 80732, (hereinafter referred to as-Owner") WITNESSETH: WHEREAS, Owner is in possession of certain property located in: SW Quarter of Section 26, Township 12 North,Range 63 West of the 6`h P.M., (hereinafter referred to as"Owner's Property"). and WHEREAS,County intends to engage in one or more road improvements project(s) within Weld County, (hereinafter referred to as the "Project")and is in need of sand, soil, and/or gravel in order to complete said Project, and WHEREAS, Owner's Property contains sand, soil and/or gravel which County deems appropriate for use in the Project and which Owner desires to sell to County, and WHEREAS, Owner and County desire to enter into a Lease Agreement to permit County to enter onto a designated portion of Owner's Property (hereinafter referred to as the "Leased Area") for the purpose of extracting soil/gravel. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,County and Owner agree as follows: I. Property Description: Owners Property, which is subject to the terms of this Agreement, is the real property described and shown in attached, Exhibit "A," which consists of a legal description and maps. The Leased Area to be mined for gravel is depicted in the attached Exhibit "B" by a diagram. (Exhibits A and B are attached hereto and made a part hereof by this reference. 2. Term of Agreement: The Term of this Agreement shall begin on the date of approval of the Section 1 12c Permit from the Colorado Division of Reclamation, Mining and Safety (hereinafter"DRMS") for the mining of Owner's Property,and shall continue until and through the date of final release of the permit by DBMS, except that this Agreement shall be enforceable upon execution. Each party agrees to a lease period of five, 1-year periods. After the initial 5-year lease period,Owner will have the option of extending the lease with additional 1-year periods to be added automatically until mining is complete. If the Owner does not wish to extend the lease, Weld County will commence with reclamation activities. Should the Owner want to keep the pit open but not lease it to Weld County, the County will transfer the Page 1 of 5