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

24. SURRENDER AND~LI,~70UISHMENT -- Lessee may, at~ny time, by paying to
Lessor, all amounts then due as provided herein, surrender and cancel
this lease insofar as the same covers all or any portion of the lands
herein leased and be relieved from further obligations or liability
hereunder with respect to the lands so surrendered; provided that no
partial surrender or cancellation of this lease shall be for less than
tracts of approximately forty (40) acres or governmental lot
corresponding to a quarter-quarter section, the rental being reduced
proportionately.
This surrender clause and option herein reserved to Lessee shall
cease and become absolutely inoperative immediately and concurrently with
the institution o:E any suit in any court of law by Lessee, Lessor or any
assignee of either to enforce this lease, or any of its terms, express or
implied, but in no case shall surrender be effective until Lessee shall
have made full provision for conservation of the minerals and protection
of the surface rights of the leased premises as may be determined 6y
Lessor.
Notwithstanding the foregoing, no surrender and relinquishment of
this lease shall be effective unless and until all reports, documents and
information of ainy kind required to be submitted to Lessor under this
lease, or to such state agencies as provided in this lease have been
submitted to Lessor or such state agency.
25. RIGHT OF REMOVAI, -- In the event this lease is terminated by forfeiture,
surrender, or the expiration of its term, and all obligations of Lessee
under this lease are satisfied, all Lessee's improvements, equipment,
man-made objects of any type, stockpiles and dumps shall be removed from
the leased premises within six months from the date of such termination
at Lessee's expense. Such removal is to be accomplished without
unnecessary waste or damage to the premises and Lessee shall restore the
surface of the leased premises to the same condition as immediately prior
to the execution of this lease, All improvements and equipment remaining
on the leased premises six months after the termination hereof shall be
forfeited automatically to Lessor without compensation and without
necessity of execution of additional documents.
26. CONDEMNATION -- If the leased land shall be taken in any condemnation
proceeding, this lease shall automatically terminate as of the date of
taking. The award for such condemnation shall be paid to Lessor, except
for any specific award(s) paid to Lessee for severed minerals reserves,
in which event a percent of such specific award(s) equal to royalty shall
be paid to Lessor in lieu of royalty lost by virtue of the condemnation.
Improvements shall be removed by Lessee per terms in the RIGHT OF REMOVAL
paragraph herein. If only a portion of the leased land is taken by
condemnation, Les:vee may, at its option, terminate this lease or
terminate only that portion of the lease so taken.
27. COMPLIANCE WITH I1~W -- Lessee covenants and agrees that during the
continuance of this lease Lessee shall comply fully with all the
provisions, terms, conditions of all laws, whether State or Federal, and
orders issued thereunder, which may be in effect during the continuance
hereof, which in any manner affect or control mining or other operations
of Lessee, and Les;:ee further agrees that good mining methods shall be
used at all times of active mining so long as said methods are consistent
within the law.
28. ARCHAEOLOGY -- It i.s contrary to State and Federal law ~to excavate,
appropriate or disturb any historical, prehistorical or archaeological
site or resource on any lands administered by Lessor. Discovery of a
suspected site or resource shall be immediately brought to the attention
of Lessor and the State Archaeologist or Lessee shall provide evidence
that no significant archaeological sites exist on the leased premises
which could be destroyed by Lessee's operations.
29. DEFAULT AND FORFEITU~RF -- If for any reason Leases fails to keep each and
every one of the covenants and conditions herein, and if such default
continues for a period of thirty (30) days after service of written
notice thereof by certified mail upon Lessee, Lessor shall have the right
to declare this lease forfeited, and to enter onto the leased premises
either with or without process of law, and to expel, remove and put out
Lessee or any person occupying the premises, using such force as may be
necessary to do so.
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