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2021-04-05_REVISION - M1978079
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2021-04-05_REVISION - M1978079
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Last modified
12/28/2024 8:29:34 AM
Creation date
4/6/2021 8:31:48 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1978079
IBM Index Class Name
REVISION
Doc Date
4/5/2021
Doc Name
Request for Conversion of Permit
From
Lincoiln County
To
DRMS
Type & Sequence
CN1
Email Name
DC1
JLE
AWA
Media Type
D
Archive
No
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Exhibit N- Legal Right to Enter -- <br /> MINERAL LEASE & RIGHT TO ENTER <br /> THIS LEASE AGREEMENT,made this 16th day of December. 2015 <br /> By and between Judd and Janet Kravis <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, <br /> State of Colorado. <br /> NAME: DOUGHERTY PIT (M-1978-079) <br /> Location: NE 1/4 NE 1/4,S26,T16S,R55W <br /> 1. In consideration of the mutual covenants herein contained,the said Lessor does,by these presents <br /> lease and let for the purpose hereafter mentioned,under all lawful warranties unto said Lessee the <br /> mineral 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 <br /> property all the SAND AND GRAVEL,(hereinafter called minerals), in and under said real <br /> property,with the right to remove the topsoil or overburden above said minerals and also Lessee <br /> shall have the right to use necessary space for the construction and maintenance of anything <br /> required for the extraction and/or processing of minerals and space for stockpiling such minerals on <br /> the premises all without any payment in addition to the royalties and other payments herein <br /> specifically provided for. <br /> 3. The Lessee shall have,during the term of this Lease,the unlimited right of ingress and egress for <br /> the removal of said minerals mined,extracted,removed and taken from the premises. <br /> 4. The term of this mineral lease shall be from December 16,2015 to December 16,2025. <br /> At least ninety(90)days before the end of the lease term,the Lessee shall provide the <br /> Lessor with the Sand and Gravel Pay Schedule which would apply to any renewal of the <br /> lease. If agreeable to the parties, a new Mineral Lease and Right to Enter shall be signed <br /> and entered into by the parties prior to the expiration of the current lease. <br /> 5. The Lessee shall pay the Lessor for all minerals mined and taken from the said premises herein <br /> leased according to the adopted schedule. <br /> 6. The Lessee shall exempt all taxes assessed or that may be assessed against the premises herein <br /> leased during the continuances of this Lease. <br /> 7. Lessee shall have over the aforesaid property only these rights intimately concerned with the mining <br /> and removal of said minerals including,without limitation,the right to stockpile said minerals on <br /> the above-described real property or other lands adjacent thereto and owned by the Lessor but <br /> within the boundary of the leased area. <br /> 8. Lessee will revegetate all damage to the leased area due to the mining operations and upon <br /> completion of the operation all affected areas will be reseeded with a native grass seed mixture <br /> recommended by the Natural Resources Conservation Service and will have the right to fence the <br /> affected area in after 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 <br /> above described,to assume full responsibility for the condition of such property,and further agrees <br /> to hold harmless from any and all claims by or liability to,third parties arising after the termination <br /> of the 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 <br /> the property for the purpose of reclamation of said property in accordance with State guidelines. <br /> This access shall be granted until such time as the State approves reclamation of said property and <br /> the property is released. <br />
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