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EXHIBIT N1 <br /> cow STATE OF COLORADO <br /> � w <br /> 0 <br /> STATE BOARD OF LAND COMMISSIONERS <br /> o' <br /> ~�1876 SAND & GRAVEL LEASE NO. GL 113457 <br /> This Sand and Gravel Lease (the "Lease"), is made in duplicate and entered into this 20th day of <br /> October, 2020, by and between the STATE OF COLORADO, acting by and through the STATE BOARD OF LAND <br /> COMMISSIONERS, located at 1127 Sherman Street, Suite 300, Denver, CO 80203 ("Lessor"), and PHILLIPS <br /> COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is PHILLIPS COUNTY BOARD OF COUNTY <br /> COMMISSIONERS, 221 SOUTH INTEROCEAN AVE, HOLYOKE CO 80734, ("Lessee"): <br /> WITNESSETH: Lessor, for and in consideration of the sum of Five hundred and no/100 Dollars <br /> ( 500.00), receipt of which is hereby acknowledged as payment of the filing fee in the amount of $500.00, first <br /> year's rent in the amount of One hundred twenty dollars and no/100 Dollars ( 120.00), and in further <br /> consideration of Lessee's agreement to pay Three and no/100 Dollars ($3.00) per acre annually as rental in <br /> advance of the anniversary date of this lease so long as said lease shall remain in effect; and in further <br /> consideration of the terms, conditions and agreements herein and of the payment of royalties reserved herein, <br /> to be kept and performed by Lessee, its successors and assigns, does hereby lease to Lessee the right and <br /> privilege of exploring and prospecting for, developing, and mining of and taking of Sand It Gravel minerals <br /> from the lands situated in the County of Phillips, State of Colorado, more particularly described in Exhibit A <br /> attached hereto and made apart hereof ("Leased Premises"). <br /> The Leased Premises together with the right to use as much of the surface as may be reasonably <br /> required, including the right to reasonable ingress and egress; the right to make excavations, stockpiles, and <br /> other improvements as may be reasonably necessary in the mining and removal of said minerals; subject, <br /> however, to all existing easements and rights-of-way of third parties, as detailed on Exhibit B to this <br /> agreement, and the rights of surface lessees and surface owners, and further subject to the terms, conditions <br /> and agreements set out in this Lease. The above-mentioned rights may be exercised in connection with mining <br /> on other or adjacent lands only when mining on such lands is carried on in conjunction with the actual mining <br /> on the Leased Premises. The benefits, terms, and obligations of this Lease shall extend to and be binding upon <br /> the heirs, executors, administrators, successors, or assigns of the respective parties hereto. <br /> RESERVING, however, to Lessor: <br /> a) All rights and privileges of every kind and nature, except as are herein specifically granted. <br /> b) The right to use or lease said premises or any part thereof at any time for any purpose, <br /> including the right to explore and prospect said premises, which use and leasing of said <br /> premises shall be for purposes other than and not inconsistent with the rights and privileges <br /> herein specifically granted. <br /> c) The right to dispose of or lease the surface where Lessor is the surface owner. <br /> d) The right at all times during the life of this lease to go upon said premises and every part <br /> thereof for the purpose of inspecting said premises, and the books of accounts and records of <br /> mineral workings therein, and of ascertaining whether or not said Lessee and those holding <br /> thereunder by and from it, are carrying out the terms, covenants and agreements in this lease <br /> contained. It is agreed that during all proper hours and at all times during the continuance of <br /> this lease, Lessor or Lessors duly authorized agent, is authorized to check assays and scales as <br /> to their accuracy, to go through or on any part or all of the Leased Premises to examine, <br /> inspect, survey and take measurements of the same and to take samples of any kind and to <br />