|
INA 1.4i,l'7V`7/
<br /> RECEIVED
<br /> :,, y,,),'_,- , .,�; , MAR 2 6 2019
<br /> . .A2, ,,,,,,t y ,':, Gravel Property Lease DIVISION OF RECLAMATION
<br /> MINING AND SAFETY
<br /> This Gravel Property Lease(this"Lease"), dated this 19' day of
<br /> , 1e1.•\ .b_ti , 2019, (hereinafter referred to as the"Lease"), by and between Charles
<br /> M. and GailC. Zimmerman, whose address is 19002 CR CC.5 Rocky Ford, CO 81067,
<br /> and All Rite Paving& Redi Mix, Inc., a Colorado Corporation("Company"), whose
<br /> address is 839 Mackenzie, Canon City, CO 81212.
<br /> Recitals
<br /> In consideration of the sum of —tid by the Company to Lessor,
<br /> the receipt and sufficiency of which is hereby acknowledged by Lessor, and on and
<br /> subject to the terms and conditions provided in this Lease, Lessor hereby leases, lets and
<br /> demises to the Company the Materials as defined herein, in, on and under the following
<br /> described real property situate in Crowley County, Colorado with a legal description as
<br /> follows:
<br /> SW 1/4 Section 13. Township 22S, Range 58 W of the 6th PM
<br /> the exclusive right to sample, drill. and test for, develop, mine, quarry, extract, process,
<br /> convey, sell, use, and remove them during the Term of this Lease, along with the right to
<br /> locate and operate and/or sublease aggregate. asphalt and concrete plants and with
<br /> associated easements as provided herein.
<br /> 1. Definitions.
<br /> a. Lease Year shall mean a period of one year beginning on the date the
<br /> Term of the Lease commences, as set forth in Subsection e. below, or
<br /> on any annual anniversary thereof.
<br /> b. Materials shall mean stone, sand and gravel, aggregate and any
<br /> overburden or other material, other than hydrocarbon minerals such as
<br /> coal, oil, and gas and associated liquid hydrocarbons. that are removed
<br /> incident to sand and gravel operations hereunder and which are
<br /> saleable and recoverable from the Property in the course of such
<br /> operations.
<br /> c. Net Sales Ton shall mean 2000 pounds of Materials from the Property
<br /> actually removed from said Property.
<br /> d. Plant shall mean a portable and/or fixed facility for processing, storing.
<br /> washing, sorting. handling loading and shipping of Materials, along
<br /> with ancillary facilities, and shall also mean a concrete or asphalt batch
<br /> plant.
<br /> e. Term. The Term of this lease shall be for a period of Ten (10)years
<br /> commencing on Matelw19. The lease shall renew automatically
<br /> Lessor Initials t the 0 1> 1
<br /> Lessee Initials 1 . ' \ \
<br /> ,, I
<br />
|