PERMFILE43410

• Permit No: M1990016
• IBM Index Class Name: Permit File
• Doc Date: 6/30/1990
• Doc Name: COLO MINING LEASE QR 3132 FREMONT CNTY COLO
• From: BOARD OF LAND COMMISSIONERS
• To: FREMONT CNTY BOARD OF CNTY COMMISSIONERS
• Media Type: D
• Archive: No

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18. EXPLORATION-- An exploration permit is required and must be obtained
before any field work of any type or kind is undertaken. A restoration
bond is required iti conjunction with this exploration permit. The bond
required by the Colorado Mined Land Reclamation Division for exploration
activities may be substituted for this bond. The proposed type and
method of exploration shall be outlined on the application for en
exploration permit.
Lessee is required to keep an accurate log or record of all surface
and subsurface exploration. This exploration work shall be tied to a
corner established by an official USGS survey. All such logs and/or
records may be x'equested by Lessor at any time, but Lessor agrees that
during the term of this lease all such information so supplied by Lessee
shall remain confidential and unpublished insofar as it is consistent
within the law.
19. PROTECTION AGAINST SURFACE DAMAGE -- Lessee has the right to utilize es
much of the surface of the lands as is necessary for mining operations,
and shall be liable and agrees to pay for all damages to the surface,
livestock, growing crops, water wells, reservoirs, or other improvements
caused by Lessee's operations on said lands. Further, it is understood
that this lease is subject to surface patents, deeds, and certificates of
purchase, and Lessee shall assume responsibility for all claims arising
from damages to the surface caused by Lessee's operations.
20. HOLD HARMLESS -- Lessee shall indemnify Lessor against all liability and
loss, and against all claims and actions, including the defense of such
claims or actions, based upon or arising out of damage or injury,
including death, to persons or property caused by or sustained in
connection with this lease or by conditions created thereby, or based
upon any violation of any statute, ordinance, or regulation.
21. BOND -- It is agreed that no operations are to be commenced on the lands
herein described unless and until Lessee or Lessee's agent has filed a
good and sufficient bond with Lessor in an amount fixed by Lessor, to
secure the payment for damages caused by Lessee's ox Lessee's agent's
operations on said lands. Lessor reserves the right to grant relief from
the foregoing bond requirements. Lessor may require such bond to be held
in full force and effect for one year after cessation of operations for
which the bond wa:: intended. This requirement may be waived in favor of
the requirements of the Mined Land Reclamation Division.
22. WATER RIGHTS -- If Lessee initiates or establishes any water right where
the point of diversion or groundwater withdrawal is on the leased
premises and where t:he surface is owned by the State, such water right
must be obtained i.n the name of and with the consent of the State acting
by and through its P,oard of Land CommLssioners.
Water rights and. any improvement required to bring this water to the
surface shall become the property of the State, without cost upon
termination of this lease for any cause whatsoever,
Under no circumstance may ground water be withdrawn without first
having secured the permission of Lessor and may not be withdrawn at a
rate higher than necessary for the mining and/or processing of State
minerals only. Additional payment may be required for the use of any
waters as may be defined as tributary or non-tributary.
23. LIENS AND CLAIMS -- Lessee shall not suffer or permit to be enforced
against the leased premises, or any part thereof, or any improvements
thereon, any liens arising from, or any claim for damage growing out of
the work of any construction, repair, restoration, replacement or
improvement, or any other claims or demand howsoever the same may arise,
but Lessee shall pay or cause to be paid all of said liens, claims, or
demands before any action is brought to enforce the same against the
leased premises or improvements. Lessee agrees to defend, indemnify and
hold Lessor and the leased premises free and harmless from all liability
for any and all such liens, claims, demands, and actions together with
reasonable attorney fees and all costs' and expenses in connection
therewith.
Lessee shall, upon execution of this lease at its cost, prepare a
Notice, pursuant to C.R.S. § 38-22-105, and cause the same to be posted
for the purpose oi' protecting Lessor against any liens or encumbrances
upon the leased premises by reason of work, labor, services or materials
contracted for or supplied to Lessee,