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2019-05-14_REVISION - M2006028
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2019-05-14_REVISION - M2006028
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Last modified
12/27/2024 9:35:02 AM
Creation date
6/3/2019 12:16:50 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2006028
IBM Index Class Name
REVISION
Doc Date
5/14/2019
Doc Name
Incompleteness Notice
From
DRMS
To
Cornerstone Materials
Type & Sequence
SO1
Email Name
SJM
Media Type
D
Archive
No
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conditions of any and all federal, state and local laws and permits which <br /> govern Cornerstone's operation on the Property. <br /> vi. Cornerstone's Reclamation Obligation. Cornerstone, at its sole expense <br /> shall reclaim the property to a condition satisfactory to EZ Enterprises,LLC <br /> so long as said condition is consistent with the permit issued by the State of <br /> Colorado, Department of Natural Resources, Division of Reclamation, <br /> Mining and Safety ("DRMS"). Said reclamation shall occur at times <br /> mandated by any and all permits issued to the parties and shall be completed <br /> by Cornerstone within six months of any termination of this Lease. <br /> vii. No Permit Amendment without Consent. Cornerstone shall not apply for <br /> or receive any major or substantial amendment to the reclamation permit on <br /> the property issued by DRMS without consent of EZ Enterprises, LLC. <br /> viii. Indemnification Agreement. Cornerstone, for the term of this lease and <br /> beyond agrees to indemnify and hold harmless EZ Enterprises, LLC and its <br /> owners, partners and officers from any and all claims and other liabilities <br /> arising from Cornerstone's operation on the Property. This indemnification <br /> agreement shall include but not be limited to the payment of any adverse <br /> judgments and or the legal fees and/or costs incurred by EZ Enterprises, <br /> LLC as a result of any claim or action arising out of Cornerstone's activities <br /> on the Property. <br /> IV. Cornerstone's Covenants of Performance. <br /> a. To pay the rent for the premises above-described. <br /> b. To perform all financial and performance obligations set forth in Section III above. <br /> c. To sublet no part of the premises, and not to assign the lease or any interest therein <br /> without the written consent of EZ Enterprises, LLC. Due to the destructive nature <br /> of the gravel mining and processing operation on the property,EZ Enterprises,LLC <br /> shall have the absolute right to refuse any sublet or assignment. As used herein, <br /> the term"sublet"or"assignment" shall include but not be limited to the transfer or <br /> attempted transfer any portion of the leasehold interest created hereunder and/or the <br /> transfer (whether individual or aggregate transfer during the life of this lease) of <br /> more than ten percent of the membership interest in Cornerstone itself. The parties <br /> understand that there shall be no sublet and/or assignment of this lease prior to the <br /> full payment of the full Additional Rental Payment set forth in Paragraph III(b) <br /> above. Additionally, any assignee of Cornerstone shall have an obligation to pay a <br /> minimum annual rental agreement o$100,000.00 in payable in four equal quarterly <br /> payments. <br /> d. To use the premises only for gravel mining and aggregate processing and related <br /> purposes. To use the premises for no purposes prohibited by the laws of the United <br /> States or the State of Colorado,or of the ordinances of Delta County,Colorado and <br /> for no improper or questionable purposes whatsoever, and to neither permit nor <br /> suffer any disorderly conduct. <br /> e. To allow EZ Enterprises, LLC and/or its agents to enter upon the premises at any <br /> reasonable hour. <br /> 3 <br />
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