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� r <br /> SAND & GRAVEL LEASE & RIGHT TO ENTER <br /> THIS LEASE AGREEMENT,made this day of l ecei* <br /> By and between Collie Land L.P. <br /> Hereinafter called the Lessor,and LINCOLN COUNTY,Hereinafter called the Lessee. <br /> The said Lessor is the owner of the following described real property located in the County of Lincoln,State of <br /> Colorado. <br /> NE l/4,NW '/4,S33,T8S,R53 W of the 6 h Principal Meridian <br /> Jamaco Gravel Pit <br /> 1. In consideration of the mutual covenants herein contained,the said Lessor does,by these presents lease <br /> and let for the purpose hereafter mentioned,under all lawful warranties unto said Lessee the mineral <br /> interest described in paragraph 2 hereof. <br /> 2. The Lessee shall have the right to mine,extract,remove and take from the above described real property <br /> all the SAND AND GRAVEL,(hereinafter called minerals), in and under said real property,with the <br /> right to remove the topsoil or overburden above said minerals and also Lessee shall have the right to use <br /> necessary space for the construction and maintenance of anything required for the extraction and/or <br /> processing of minerals and space for stockpiling such minerals on the premises all without any payment <br /> in addition to the royalties and other payments herein specifically provided for. <br /> 3. The Lessee shall have,during the term of this Lease,the unlimited right of ingress and egress for the <br /> removal of said minerals mined,extracted,removed and taken from the premises. <br /> 4. This lease shall continue in effect from February 1,2018 to February 1,2023.At least ninety <br /> (90)days before the end to the lease term,the Lessee shall provide the Lessor with the Sand and Gravel <br /> Pay Schedule which would apply to any renewal of the lease.If agreeable to the parties,a new Sand and <br /> Gravel Lease and Right to Enter shall be signed and entered into by the parties prior to the expiration of <br /> the current lease. <br /> 5. The Lessee shall pay the Lessor for all minerals mined and taken form the said premises herein leased <br /> according to the adopted schedule. <br /> 6. The Lessee shall exempt all taxes assessed or that may be assessed against the premises herein leased <br /> during the continuances of this Lease. <br /> 7. Lessee shall have over the aforesaid property only these rights intimately concerned with the mining and <br /> removal of said minerals including,without limitation,the right to stockpile said minerals on the above- <br /> described real property or other lands adjacent thereto and owned by the Lessor but within the boundary <br /> of the leased area. <br /> 8. Lessee will revegetate all damage to the leased area due to the mining operations and upon completion <br /> of the operation all affected areas will be reseeded with a native grass seed mixture recommended by the <br /> Natural Resources Conservation Service and will have the right to fence the affected area in after <br /> revegetation to allow undisturbed growth if needed. <br /> 9. The Lessor agrees,upon termination of the Lease Agreement by the Lessee of the property herein above <br /> described, to assume full responsibility for the condition of such property,and further agrees to hold <br /> harmless from any and all claims by,or liability to,third parties arising after the termination of the <br /> Lease Agreement. <br /> 10. The Lessee is to provide compensation to the Lessor for any damages to permanent man-made <br /> structures,which were the result of mining the affected land. <br /> 11.Upon termination of the lease by either the Lessee or the Lessor,the Lessor shall permit access to the <br /> property for the purpose of reclamation of said property in accordance with State guidelines.This access <br /> shall be granted until such time as the State approves reclamation of said property and the property is <br /> released. <br />