PERMFILE58713

• Permit No: m1989065
• IBM Index Class Name: Permit File
• Doc Date: 5/20/1996
• Doc Name: Referral Request
• From: Douglas County
• Media Type: M
• Archive: No

LEASE AOAEEMENT .
]his L.ease Agreement made arid entered into this 18th day of
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Augt,st, 1987 by and between Wir.l.ler Cattle Co. Inc. of 5670 S. Lal.e '
Gulr'li Road, Castle RctcL, Colorado 80109, owner of the bat ow described
premises, and the HALLE11 MAlLR1AL8 of Boone, Iowa.
For otie dnillar, tt " ": rer.Plpt of which it- acl,"awledge and other
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considerations hereiriaf Lei set onl., Winkler Cattle Co lni.., hereby
lea-,p to liallett Materials for Litt- term of felt (10) years front date
hereof, the following described premises, Lo -witl
All of that purti nn of Lha Sout heast 1. y4 of Section 29, Townsld p 8
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Suutl., Range 66 West of thu 6Lh P. 11. nwnud by Winkler Cattle Co. Inc.
all lying and being In Douglas County, Colorado
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for the e::c)tnsivr" porpovie of entt +rind thereri and removing %and and
gravel Land rod!, which may be processed on Lite premrsns. Hallett
M.'.iterr ale agrees Lo pay Winkler Catt'le'Co. Inc, art rental for all of
said promises herein described and as a royalty for the right,
privilege and option to remove such deposits of sand, gravel and rock
1
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from prrn.isos herein described, of the royalty rate of
per cubic yards of 1850 pntxrds all material removed by Hallett
Materials. Hallett Materials agrer- to pay therefor at said price for
all material removed by them, all paywents to be made during the month
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following removal.
Upon obtaining a 112 mining permit Hallett Materials shall pay to
. Wtid lur Cattle Cn Inr. an adv.n,re rn./:'.Ity in the amnnni. of
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to be paid within thirty days (31.) of Lar obtaining the 112
. mining permit and Lho balance six months after the date of obtaining
the 112 mining permit. .'
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It is agreed between the parties hereto that payment for such
dcposils �n removed shall be made only nn the basis of the finished
prodltct. sold or marketed by Hallett Maturialb.
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Hallett Materials may construct, operate and maintain such
pr'ncp Ssing erlitipmunt, Ftock:pilr:F, and rOadf ae riiay be necessary or
advisable- to prepare, refine• and remove said sand and gravel and ruck
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from baid dra scribed prerniseal and with the full right by said company
to remm•r• at any time during the life of this lease said equipment from
said duscribed premisesl and said company further agrees to conduct its
operations, if any, in such monitor as will interfere no morn titan is
rea-sonably necessary with the possession of said premises by the -
' owner
a.
In the event and during the Lwrm of this contract the Hallett .
Mater ale plant prices displayed for the Public to sea increases or
decreases tin per cent. or more the royalty shall be increased or
decreased proportionately but in no event shall the royalty be less
thaii stipulated below per cubic yard of 1850 pounds for sand and gravel
or rock.
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Hallr?tL Materials agrees to hold harmless the landowner from any
liabilities of any kind to third parties that may arise due to Hallett
Materials operations, provided however' that the causes of action giving
rise to said liabilities do theinselvee arise during the term of this .
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atlreement. Hallett materials shall maintain and keep in full force all
Pmgiluiee's compensation insurance rerlirired Linder the laws of the State
of Colorado. Hallett Materials shell maintain in force, at all times
dun+ Ilia ter in of this Lease Agreement, on all improvements .
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tU1. .Led by I end on ..11 fix Lures and equipment on Leased Premi'ses,
a policy or policies of fire and ei :teodnd coverage insurance to the
er.teut of the insurable replacement value thereof. .,
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Hallett Materials shall Lip responsible for and pay any increase in
property taxies due to the mining operation
It is agreed if Hallett Materials hits not commenced sand and
gravel or rnLl, entree Lion opc•raLions within a two years (2) period
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from the r1A tare .. 112 mtoinq pnrmtt is ubtainwd, the landowner may
leer no n.afry this le:.Fn, nnl r•R n t, wit it true rtot:i ce from landowner of
. iulunl to c-I.cvl 11a110A MAIt., 1Uogin uxtrac Lion operations on
1he p'.al t.'.i Ly hrr'e)n In�rnd nlhrn wnul ;' dale of 1. ra' rr•r.ript of moan .
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Nor 1CP.