_PERMIT FILE - M1997053 ‎(29)‎

• Permit No: M1997053
• IBM Index Class Name: Permit File
• Section_Exhibit Name: EXHIBIT N SOURCE OF LEGAL RIGHT-TO-ENTER
• Media Type: D
• Archive: No

1
royalty accruing for the next Lease Year. If any excess advance minimum royalties remain
' at the end of the lease term or other termination of this Lease, District shall be entitled to
retain such excess royalties, and shall not be required to refund the excess to GJP.
' C. If commercial sand and gravel shall be mined out of the Property before all
advance minimum royalty payments are due and payable, GJP may give written notice
' thereof to District, and thereafter GJP shall not be obligated to pay any additional advance
royalties, unless the total of all royalties paid to District under this Lease is less than
$100,000 (including royalties for Common Materials removed from the Property upon
' termination of this Lease under subparagraph l.E.(i)), in which case GJP shall pay District,
within 90 days of the termination of this Lease, a sum equal to the difference between
$100,000 and the total of all royalties paid under this Lease. The intent of these provisions
' is to provide a minimum, non-refundable payment of$100,000.00 to District over the life
of this Lease. GJP shall then vacate the Property in accordance with Paragraph LE and this
Lease shall terminate, subject to the provisions of Paragraph 16 below. For the purposes of
' this Paragraph, "mined out" means the removal of substantially all of the commercially
minable sand and gravel from the Property, with the exception of the area needed for
processing of the mined material, which area shall not exceed 5 acres in size.
' 8. District warrants title to the Property and to all sand and gravel located on the
Property against any person or entity claiming under District, subject to an easement granted to
Public Service Company with which GJP shall not interfere despite anything to the contrary stated
in this Lease, and further warrants and covenants that, subject to any constraints imposed by
' applicable federal,state and local laws, rules and regulations, GJP shall have the right to extract sand
and gravel from the Property and otherwise use and occupy the Property as set forth in this Lease
without interference from any person claiming under District. This warranty does not apply to any
' permit conditions or other governmental conditions or approvals that GJP must have or meet to
conduct its operations on the Property under this Lease, compliance with which are GJP's sole
obligation and responsibility.
' 9. The Property is presently exempt from property taxes. GJP shall pay before they
become delinquent (whether due before, during, or after the Term) all taxes of every nature related
' to GJP's operations under this Lease or removal of Common Materials from the Property, including
without limitation real property taxes and special assessments on the Property attributable to the
Term, all personal property taxes and any and all inventory tares which may be imposed or incurred
during the Term, all taxes on GJP as an employer of labor, any applicable severance taxes and any
applicable taxes on GJP's operations under this Lease imposed if any of such operations are taxed
' as a producing mine.
10. The parties agree as follows with respect to water and water rights:
' A. The following provisions shall apply until the expiration of the lease term or
other termination of this Lease:
' !:\wp\I699\040\dmAGRAVLES 4CWD -6- September 20. 1996