2022-07-12_REVISION - M2010080 (3)

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RECEIVED JUL 12 Z022 LEASE AGREEMENT DIVIISSION OF RECLAMATION, (HIS LEASE AGREEMENT',made this !�ay of ,My bet�ween�TY'MINERALS Hans Friederichs,Jr. and Joleyne White-Heckman Friederichs, 251 County Road LL, Wiley, Colorado 81092, hereinafter referred to as "Owner", and City of Lamar, a Home Rule Charter Municipality, 102 E. Parmenter St, Lamar, CO 81052, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owner is the owner of the real property below described (the "Property"); WHEREAS, Owner is desirous of leasing the Property to City and City is desirous of leasing and renting from Owner for purposes of surface mining and removing clay, dirt, sand, gravel, rock and other construction materials (the"Mining Materials") for the benefit of the City; WHEREAS, the City agrees that that it will not process the Mining Materials at the Property; WHEREAS, the Parties desire that their respective rights and obligations and the terms and conditions thereof be defined and committed to in writing; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements of the Parties, it is hereby mutually agreed to as follows: 1. PROPERTY: In consideration of the promises contained herein and other good and valuable consideration, Owner hereby leases to City, land under permit No. M- 2010-080 or subsequent permits, which includes the tract of land described below: Tract 41 lying in the Southwest Quarter(SW1/d),in Section Eighteen(18),Township Twenty-two (22) South, Range Forty-seven (47) West of the 61h P.M., being more particularly described in Plat Map Cab C #691 recorded on December 21, 2012 at Reception No. 532489. Approximately 61.94 acres more or less The "Property" 2. "PERM: Owner agrees to lease to City and City agrees to lent from Owner the above described property from May 1,2022 to May 1,2027 for the purpose of quarrying, mining, and removing therefrom all the Mining Materials, PROVIDED, HOWEVER, that unless this Agreement is otherwise terminated as provided for herein, then this Agreement shall automatically renew for one (1) successive year, which the successive term shall commence upon May 1, 2027 and terminate on May 1, 2028. The successive term shall be