PERMFILE65740

• Permit No: M1987151
• IBM Index Class Name: Permit File
• Doc Date: 9/21/1987
• Doc Name: APPLICATION FORM
• Media Type: D
• Archive: No

6. THIS AGREEMENT is expressly conditioned upon Second Party
acquiring, at its expense, the necessary permits, if any, required by the
State of Colorado and/or the United States of America. Second Party agrees to
reclaim all gravel extraction sites pursuant to the Reclamation Provisions of
the referenced permits.
7. Second Party shall maintain all fences as legal fences and shall
have the right to place gates for a means of closing said fences at any point it
so elects.
8. First Party agrees to be responsible for all real property taxes,
if any, on the above described premises and Second Party agrees to provide all
necessary liability and property insurance for the operation of Second Party's
operation upon the described premises. First Party warrants that it has good
title to the above described property and to hold Second Party harmless from any
liability to any third parties for the removal of said gravel during the term of
this Agreement. The Second Party hereby holds First Party harmless from any and
all claims, damages or demands whatsoever arising out of Second Party's opera-
tion on the above described premises and hereby agrees to indemnify the First
Party if there should be any damages arising therefrom.
9. The parties specifically agree, in the event the First Party
sells the above described premises, that this lease agreement will terminate
upon thirty (30) days written notice to the Second Party. The parties further
agree that, in the event of such sale, the Second Party shall have a reasonable
period of time, not to exceed one hundred twenty (120) days upon such ter-
mination date, to retain possession for the purpose of removal of any stockpiled
material, stockpiled prior to the day of such written notice to the Second
Party.
10. In the event of default of any of the parties, any of the terms
hereof, the non-defaulting party shall have all rights allowed by law. The non-
defaulting party shall give the defaulting party written notice by certified
mail and the defaulting party shall have thirty (30) days to correct said
default to avoid the remedy or remedies elected by the non-defaulting party. In
addition thereto, such non-defaulting party shall be entitled to recover its
reasonable attorney's fees incurred in the enforcement of its rights hereunder.
11. In the event Second Party has no further need of the leased premi-
ses, this lease may be terminated upon sixty (60) days written notice to the
First Parties.
THIS AGREEMENT or any interest herein shall not be assigned, sublet
or transferred without the prior written consent of the parties. No amendment
to this Agreement shall be valid unless in writing and executed by all parties
hereto.
THIS AGREEMENT shall be binding upon the parties hereto, their suc-
cessors, and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the
day and year first above written.
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