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<br />SAND .4ND GRAVEL LEASE
<br />_ THIS ~;REEMENT made and entered into this % F tom" day of March, A.D. 1970, b}•
<br />~•and'-betwcr, W. J. Christian and t4artin Christian, Fountain, Colorado of the County of
<br />E1 Paso, .oLorado Lessors, and SCI@i1DT CONSl'RUCTION, LNC „ A Colorado Corporation of
<br />8150 Wo:r 49th Avonuc, Arvada, Colorado 80002, Lcssce, .cs f.oliow_::
<br />1. Lessors horcby L•nsc :n:d ilcmise onto i,esscc the lullowinF•, described real
<br />property located i.u the County of EL 1'a so, ti[a[o oL Colorado, to wit: 'phr East 1/2
<br />of the South 1/2 of the Southeast 1/4 of Section 12 located in 1'uwnship 16 South,
<br />Range 66 West of the 6th Principal Aleridian, as described in Recordings Nos. 003 and
<br />002 of E1 Pase County, Colorado. Which said lease is for the purpose to explorefor,
<br />develop, excavate, process, stockpile, remove and sell sand, gravel and rock, Lessee
<br />shall have the right to place on said Land any buildings, structures, machinery and
<br />equipment convenient or necessary in order to make excavations, openings, dumps, ditches,
<br />roads or other improvements so as to efficiently prospect for, excavate, prepare, process
<br />s~ind, gravel and rock and asphaltic materials for removal and sale. In this connection,
<br />Lessors hereby warrants that they are the fee Demers free and clear of liens and
<br />encumbrances of the surface rigt:ts and mineral rights of the above described real estate.
<br />2. The term of this Lease shall be from March l.;'c~'• 1970 through March,
<br />1973. However, Lessors grant unto Lessee ttie exclusive right and option to renew this
<br />Lease for additional Threr_ (3) year periods.
<br />3. Lessee agrees to pay Lessors ten cents per ton (2,000 Pounds) on or before
<br />the 20th day of each month for all sand, gravel and rock removed and sold from tl~e
<br />premises during the preceding calendar month. Lessee shall maintain accurate records
<br />of materials sold and removed from said premises which sand records shall be available
<br />to Lessors for inspection at any reasonable time.
<br />4. Lessors reserve the right to remove, for their awn use, Pit Run Gravel from
<br />the above described properties at any time during the life of this Agreement.
<br />5. Lessee shall pay taxes on any machinery, equipment and supplies placed on
<br />said premises For the purpose of this 1~>_asc, and Lessors shall pay any real property
<br />taxes levied and assessed against said property.
<br />6. Lessee agrees [o provide adequate Workmen's Compensation Insurance and public
<br />liability insurance for the protection of i,essors and to save the latter harmless from
<br />any acts of negligence on the part of lessee nn said premises. Lessors agree to provide
<br />Lessee with adequate ingress and ep,ress to said described property, if needed.
<br />7. The terms and conditions of this Agreement shall he binding upon the parties
<br />hereto and their heirs, legal representatives and assigns.
<br />8. This Lease is granted upon the condition that after removal of any material
<br />from the above described property, the pit area shall he left in a neat workmanlike
<br />m ndition.
<br />LESSORS:
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<br />L7. J. Christian
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<br />Martin Christian
<br />ATTEST: LESSEE: S~1tAlIDT CONSTRIICTLON, INC.
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<br />Ann F.. Schmidt, Secretary ~ i~!alter~R. Schmidt, President
<br />STATE OF COLORADCI )
<br />County Of - ~; )
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<br />The foregoing instrument was acknowledged before me this % 5' - day of
<br />?7.%rri;- A,D. 1970, by
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<br />Notary Public
<br />~,,: warm„ion Cxpires IJovemb^r 1Q, t77~i
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