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CONTRACT <br /> THIS CONTRACT is made and entered into on this 23rd day of January, 2020 by and <br /> between Fremont Paving and Redi-Mix, Inc., hereinafter referred to as "Lessor" and A & <br /> S Construction Co. hereinafter referred to as the "Operator". <br /> WITNESSETH: <br /> WHEREAS, Lessor is the lessor of certain real property located within Las <br /> Animas County and further will obtain certain mining rights to said property; and <br /> WHEREAS, Operator desires to provide labor and equipment to mine sand and <br /> gravel off said property: and <br /> WHEREAS, the parties desire to enter into this contract to set forth the terms and <br /> conditions of said contract and mining arrangement. <br /> NOW, THEREFORE, for and in consideration of the terms, conditions, covenants <br /> and appointments herein contained, and for such other and further considerations, the <br /> receipt and sufficiency of which is hereby acknowledged, the parties hereto stipulate and <br /> agree as follows: <br /> 1. RELATIONSHIP. The parties to this agreement intend that the relationship <br /> between them created by this contract is that of Lessor and Operator. No agent, <br /> employee, or servant of the Operator shall be or shall be deemed to be the <br /> agent, employee, or servant of the Lessor. The manner and means of <br /> conducting the work set forth herein are under the sole control of the Operator. <br /> The Operator shall be solely and entirely responsible for its acts and for the acts <br /> of the Operator's agents,employees,and servants during the performance of this <br /> contract. <br /> 2. TERM. The term of this agreement shall be for a period of seven (7) years <br /> beginning 23 January 2020, and terminating 22 January, 2027. The next renewal <br /> term shall be referred to herein as the "Renewal". If at the end of the renewal <br /> term, Operator desires to renew this contract for an additional term, the parties <br /> stipulate and agree that the Operator shall have a first right of refusal or option for <br /> renewal of this contract for an additional term. The length of the additional term <br /> and all other terms and conditions set forth herein shall be renegotiable at the <br /> time of renewal after the initial term. In the event the Operator desires to renew <br /> or exercise its option the lease for an additional term, upon terms and conditions <br /> to be negotiated by the parties, the Operator shall give the Lessor notice thirty <br /> (30) days before the end of the initial term of this lease of its intent to renew. In <br /> the event the Operator fails to give such notice, this lease will terminate at the <br /> end of the renewal term without further notice to either part. <br /> 3. PROPERTY TO BE MINED. The Lessor will obtain a mining permit for certain <br /> property located within Lincoln county, known and described as the Horse <br /> Creek Pit, permit number M2020-002. <br /> 1 <br />