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RECORDED IN --
<br /> COUNTY OF JEFFERSON
<br /> r STATE OF COLORADO
<br /> RECEPTION NO. 85094449
<br /> Fom, 226-3 10/02/85 10:07 -15.00
<br /> Rev. 1W89 -
<br /> STATE:, OF COLOBADO
<br /> State Board of Land Commissioner
<br /> Department of Natural Resources
<br /> Denver,Colorado 80203 C
<br /> CLAY MINING LEASE NO. 3041/16—S
<br /> w THIS MINING LEASE, blade in duplicate and entered into this 15thda of July 19 85
<br /> to by and between the State of Colorado,acting through its STATE BOARD OF LAND COMhIISSIONERS,hereinafter
<br /> a�ca co Robinson Brick Company, P.O. Box 5243 TA
<br /> Cyr refereed to as Lessor,and
<br /> w 500 South Santa Fe Drive, Denver, CO 80217 hereinafter referred to as Lessee:
<br /> e
<br /> Lessor,_ I� WITNESSETH: for and in consideration of the sum of Ninety—two and 75/100 — — — — — —
<br /> bQDollars(S 92.75 ),receipt of which is hereby acknowledged as payment of filing fee in the amount of S 1,2,75 ,
<br /> and first year's rental in the amount of S 80.00 and in further consideration of Lessee's a eement to pay the
<br /> V_ following amounts annually as rental in advance on the anniversary date of this lease so long as said ease shall remain in
<br /> effect:
<br /> LEASE YEAR RATE PER ACRE
<br /> 2nd $1.00
<br /> 3rd 1.00
<br /> 4th 1.00
<br /> 5th and all subsequent years 1.00
<br /> and in further consideration of the terms and conditions hereinafter stated,and of the payment of royalties reserved
<br /> herein,to be kept and performed by Lessee,its successor and assigns,does hereby demise and lease to Lessee the right
<br /> and privilege of exploring and prospecting for,and mining for and taking clay
<br /> and associated minerals of value that can be removed in the process of mining and milling c 1 ay
<br /> from the lands hereinafter described,situate,lying and being in the County of Jefferson
<br /> State of Colorado,to wit:
<br /> ACRES SUBDIVISION SECTION TOWNSHIP RANGE PATENTS
<br /> 80.00 W/2NW/4 16 3 South 70 West None
<br /> containing 80.00 acres,more or less,together with[he right to use as much of the surface thereof as may reasonably
<br /> be required in the exercise of the rights and privileges herein granted,and the reasonable right to ingress and egress;the
<br /> right to the use of all otherwise unappropriated water fron said lands but not from surface lessee's or surface owner's
<br /> water wells or reservoirs;the right to construct buildings,make excavations,stockpiles,dumps,drains,roads,railroads,
<br /> power lines,pipelines, and other improvements as may be necessary;subject,however,to all existing easements and
<br /> rights-of-way of thud parties,and the rights of surface lessees and surface patentees,and further subject to the terms,
<br /> conditions,anal royalties set out in this lease.
<br /> ZESERVING,However,to the State of Colorado:
<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 other than and not
<br /> inconsistent or interfering with the rights and privileges herein specifically granted.
<br /> C. The right at all times during the life of this lease to go upon said remises and every part thereof,for the purpose
<br /> of inspecting same,and the books of accounts and records of mineralworkings therein, and of ascertaining
<br /> whether or not said Lessee and those hoiding thereunder,by and from it,are carrying out the terms,covenants,
<br /> and agreements in this lease contained.
<br /> TO HAVE AND TO HOLD The above-described premises,with the appurtenances,unto the Lessee,its heirs,successors,
<br /> assigns,or legal representatives,from Twelve o'clock noon on the 15th day of July 19 85
<br /> for the full term of ten ( 10 )years,and until Twelve o'clock noon on the 1-5th day of July
<br /> 1995,and.except as hereinafter stated,as long thereafter as the minerals hereinabove designated are being produced
<br /> in paying quantities from said premises,and the royalties and rents provided for herein,or by any extension hereof,are
<br /> being paid,subject to the following terms,conditions,and agreements,to wit:
<br /> 1. Minimum Rovaltv—As minimum and advance royalty,without relation to the amount of minerals mined from
<br /> the leasea premises,the Lessees will pay to the Lessor the following amounts:
<br /> LEASE YEAR MLNIMUM ROYALTY LEASE YEAR MINMIUM ROYALTY
<br /> 1st thru 5th None
<br /> Acreage changes resulting from surrender or partial assignment do not reduce the minimum royalty propor-
<br /> tionately.The Board will determine the minimum royalty.
<br /> Further,at the end of each fire-year period. the Board may;ix the rate of advance royalty to be paid for each
<br /> succeeding five-year period of the lease.
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