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<br />999
<br />RECE1VEn
<br />S&G-PER.DOC ~ STATE OF COLORADO
<br />Rev. 12197 STATE BOARD OF LAND COMMISSIONERS FE6 ~ ~ ZOO2
<br />Department of Natural Resources ~ "'
<br />Denver, Colorado ~ hivision of Minerzls 2nd Geology
<br />~. ~ SAND & GRAVEL PERMIT NO GP 3437
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<br />THIS SAND & GRAVEL MINING PERMIT, Made in duplicate and entered into this 13th'day of Anril. 2001,
<br />by and between ttte State of Colorado, acting through its STATE BOARD OF LAND COMMISSIONERS, hereinafter
<br />referred to as Permitter, and the Fremont County Board of Commissioners 615 Macon Avenue Suite 100. Canon
<br />City, CO 81212 hereinafter referred to as Permittee:
<br />WITNESSETH: Permitter, for .and inconsideration of.the sum of two hundred'seventy and ito/100 Dollars
<br />($ 270.00), receipt of which is •herEby.acknowledged.as.payment ofthe filing.fee in the amount of $ 20_00, rental payment
<br />in the amount of $~ 52 0,00 •for the five year permirtenn,.and a bonus in the amoun[.of.$ .0,. and in-fiuther.consideration of
<br />the terms, conditions and agreements herein and of the payments of reserved.herein, .to be. kept and .performed by
<br />Permittee; its successors and assigns, ddes hereby lease to Pertittee the right and privilegeof exploring and prospecting
<br />for, developing, and mining of and taking of sand and eravel minerals for the sole purpose of fulfilling a local, state, or
<br />federal contract from the lands herein described, situated in the County of Fremont; State of Colorado, to wit:
<br />ACRES SUBDIVISION SEC.TWP.RGE. PATENTS
<br />38.80 Exhibt A, Attached 36-195-73W 6'" PM None
<br />FUND: School
<br />containing. 38.80 acres, more or less, together with the right to use as much of the surface within the Division of
<br />Minerals & Geology; .Mined Land Reclamation Permit, as inay be reasonably required, including the right to
<br />reasonable ingress and egress; the .right .to make .excavations, stockpiles, -and other improvements .as may be
<br />reasonably.necessary iri the.mining and removal of said minerals; subject, however, to all existing easements and
<br />rights-of-way of third parties, and the rights of surface Petmittees and surface owners, and furthei subject to the
<br />'terms, conditions and agreements set out in this lease. The benefits, terms, and obligations of this lease shall
<br />extend to and be binding upon the' heirs, executors, administrators; successors, or assigns of the respective parties
<br />hereto. "'
<br />RESERVING, however, to Permitter:
<br />A. All rights and privileges of every kinii and nature, except as aze herein specifically granted.
<br />B. The right to use or lease said premises or any part thereof at any time for ariy purpose; including the right
<br />to explore and prospect said premises, to issue additional'petmits•within the legal description of the
<br />premises but outside of the Reclamation Permit boundary, not inconsistent with the rights and privileges
<br />herein specifically grari'ted. '
<br />C. The right to dispose'of or lease the surface where PetTnitter is the surface owner.'
<br />D. The right at all times during the life of this lease to go upon.said.prerriises and every part thereof for the
<br />purpose.tif inspecting said.premises, and the books of.accounts.and recoids of.mineral workings therein,
<br />and of ascertaining whether or not said Permittee. and those holding .thereunder by and from it,-are
<br />carrying out the terms, covenants and-agreements in this lease contained.
<br />E. The right at any time to grant aright-0f--way upon, over or across all or any part of said premises for any
<br />ditch, reservoir, railroad, communication system, electric powerline, or pipeline, schoolhouse or other
<br />lawful purpose; burtha[ such grants shall be subjectto the rights of Permittee.
<br />F. The right of any time to place the Leased Premises imo the Stewardship Trust as set forth in Section
<br />10(1)(b)(I) of Pirticle IX, of the State Constitution: Said placementintb the Stewardship Trust shall be fot•
<br />reasons nut inconsistentwiththe rights grid privileges of Permittee. '
<br />TO HAVE AND TO HOLD The above-described premises unto Permittee, its heirs, successors, assigns, or legal
<br />representatives for the term of 5 years, and until Twelve O'clock noon on the 13th day of Anrt'1, 21106, and, except as
<br />hereinafter stated; as long thereafter as the. royalties and rentals provided for herein are being paid, or by any extension
<br />hereof, subject to the following terms, conditions and agreements, to wit: --
<br />1. ADVANCE MINIIv1UMROYALTY -This paragraph is not applicable.
<br />.PRODUCTION RQYALTY -- Permitter reserves as royalty, and Permittee agrees to .pay to Permitter on or
<br />before the Inst day of each calendnr month following the month of production, $ 0„_50 .per ton of 2000#, or
<br />$0.75 per loose cubic yard, or N/A % of the gross sale price at the first point of sale to an independent purchaser,
<br />whichever is greater.
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