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1'9,1 --7/ <br /> RECEIVED <br /> MAR 2 6 2019 <br /> Gravel Property Lease DIVISION OF RECLAMATION <br /> MINING AND SAFETY <br /> This Gravel Property Lease(this"Lease"), dated this I day of <br /> , 2019, (hereinafter referred to as the "Lease"), by and between Charles <br /> M. and Gail`C. Zimmerman. whose address is 19002 CR CC.5 Ro ky Ford, CO 81067, <br /> and All Rite Paving& Redi Mix, Inc.. a Colorado Corporation("I ompany"), whose <br /> address is 839 Mackenzie, Canon City, CO 81212. <br /> Recitals <br /> In consideration of the sum of tid by t l e Company to Lessor, <br /> the receipt and sufficiency of which is hereby acknowledged by L-ssor, and on and <br /> subject to the terms and conditions provided in this Lease, Lessor ereby leases, lets and <br /> demises to the Company the Materials as defined herein, in, on an. under the following <br /> described real property situate in Crowley County, Colorado with a legal description as <br /> follows: <br /> SW t/a Section 13. Township 22S. Range 58 W of I e 6th PM <br /> the exclusive right to sample, drill- and test for. develop, mine, qui rry, 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 concret- plants and with <br /> associated easements as provided herein. <br /> 1. Definitions. <br /> a. Lease Year shall mean a period of one year be.inning on the date the <br /> Term of the Lease commences. as set forth in ubsection e. below, or <br /> on any annual anniversary thereof. <br /> b. Materials shall mean stone, sand and gravel, a,gregate and any <br /> overburden or other material, other than hydro, arbon minerals such as <br /> coal, oil- and gas and associated liquid hydroc rbons.that are removed <br /> incident to sand and gravel operations hereund r and which are <br /> saleable and recoverable from the Property in 'he course of such <br /> operations. <br /> c. Net Sales Ton shall mean 2000 pounds of Mat-rials from the Property <br /> actually removed from said Property. <br /> d. Plant shall mean a portable and/or fixed facilit • for processing. storing, <br /> washing. sorting. handling loading and shippi g of Materials, along <br /> with ancillary facilities, and shall also mean a oncrete or asphalt batch <br /> plant. <br /> e. Terni. The Term of this lease shall be for a p riod of Ten (10) years <br /> commencing on M rrell-4`—";x-19. The lease s all renew automatically <br /> 1 ,i <br /> Lessor Initials t‘h . <br /> \ - ` � <br /> Lessee Initials {��!,. 3 `; <br />