|
1025723 Pages: 1 of 15
<br /> 03/27/2023 01:14 P11 R Fee:$83.00
<br /> Justin 0 Grantham, Clerk and Reco^der, Fremont County, CO
<br /> ■III kir 14/11102§1�ll�Rkla r , t 11 II
<br /> Fool\ S"I'A1 I- ()i, ('O1,OR ADOTr. —
<br /> '�`` STATE BOARD OF LAND COMMISSIONLRS
<br /> MINING LEASE NO. SM 102453
<br /> (AMENDED AND RESTATED LEASE QR 3332)
<br /> This Quarry Lease (the "Lease"), originally entered into on the 17th day of July, 1998, is hereby
<br /> amended and restated as of the 17th day of July, 2018, by and between the STATE OF COLORADO, acting by
<br /> and through the STATE BOARD OF LAND COMMISSIONERS, located at 1127 Sherman Street, Suite 300, Denver,
<br /> CO 80203 ("Lessor"), and TEZAK HEAVY EQUIPMENT CO, INC., whose address is 205 Tunnel Drive, CANON
<br /> CITY CO 81212, ("Lessee"):
<br /> WITNESSETH: Lessor, for and in consideration of the sum of
<br /> =IIIIIreceipt of which ' h reb acknowled ed as a ment of the filin fee in the amount of
<br /> �irst year's rent in the amount o nd a
<br /> bonus in the amount of and in further consi eration o essees agreement
<br /> to pay r acre annually as rental in advance of the anniversary date of this
<br /> lease so long as said lease sha remain in effect; and in further consideration of the terms, conditions and
<br /> agreements herein and of the payment of royalties reserved herein, to be kept and performed by Lessee, its
<br /> successors and assigns, does hereby lease to Lessee the right and privilege of exploring and prospecting for,
<br /> developing, and mining of and taking of quarry rock, boulders, moss rock, rip-rap, landscape rock and sand
<br /> and gravel minerals from the lands herein described, situated in the County of Fremont, State of Colorado, to
<br /> wit:
<br /> ACRES SUBDIVISION SEC-TWP-RGE PATENTS
<br /> 160 SW 14 - T17S - R68W
<br /> 160 NE 22 - T17S - R68W
<br /> 70 SENESE, 525WSE, SESE 15 T17S R68W
<br /> FUND: School
<br /> Containing 390.00 acres, more or less, (the "Leased Premises") together with the right to use as much
<br /> of the surface as may be reasonably required, including the right to reasonable ingress and egress; the
<br /> right to make excavations, stockpiles, and other improvements as may be reasonably necessary in the
<br /> mining and removal of said minerals; subject, however, to all existing easements and rights-of-way of
<br /> third parties, and the rights of surface lessees and surface owners, and further subject to the terms,
<br /> conditions and agreements set out in this Lease. The above-mentioned rights may be exercised in
<br /> connection with mining on other or adjacent lands only when mining on such lands is carried on in
<br /> conjunction with the actual mining on the Leased Premises. The benefits, terms, and obligations of this
<br /> Lease shall extend to and be binding upon the heirs, executors, administrators, successors, or assigns of
<br /> the respective parties hereto.
<br /> RESERVING, however, to Lessor:
<br /> A. All rights, privileges and uses of every kind or nature not specifically granted to Lessee by this
<br /> Lease. The right to sell, exchange, or otherwise dispose of all or any portion of the Leased
<br /> Land during the term of this Lease. The right to dispose of the surface where Lessor is the
<br /> surface owner subject to the terms and conditions of this Lease. Lessor shall provide Lessee
<br /> SM 102453
<br /> Page 1 of 15
<br />
|