<br />
<br />S&G-LSE.DOC STATE OF COLORADO RECEIVED
<br />Rev. 12/97 STATE BOARD OF LAND COMMISSIONERS
<br />Department of Natural Resources ~}~~ 2 4 ZQQQ
<br />Denver, Colorado
<br />Division rt ~einerals 8 Geolc~y
<br />SAND & GRAVEL LEASE NO. GL 3397
<br />THIS MINING LEASE, Made in duplicate and entered into this 19th day of October , 1999 , by and between
<br />the State of Colorado, acting through its STATE BOARD OF LAND COMMISSIONERS, hereinafter referred to as
<br />Lessor, and Mobile Premix Concrete. Inc., P. O. Box 5183 T.A.. Denver, CO 80217-5183
<br />hereinafter referred to as Lessee:
<br />WITNESSETH: Lessor, for and in considerationof the sum of Dollars (~ ),
<br />receipt of which is hereby acknowledged as payment of the filing fee in the amount of $ ~, first year's rent in the
<br />amount of $ ~, and a bonus in the amount of $ ~, and in further considerationof Lessee's agreement to pay
<br />Dollar(s) ($') per acre annually as rental in advance of the anniversary date of this
<br />lease so long as sai ease shall remain in effect; and in further consideration of the terms, conditions and agreements
<br />herein and of the payments of annual rentals and royalties reserved herein, to be kept and performed by Lessee, its
<br />successors and assigns, does hereby lease to Lessee the right and privilege of exploring and prospecting for, developing,
<br />and mining of and taking of sand and eravel and overburden minerals from the lands herein described, situated in the
<br />County of Adams ,State of Colorado, to wit:
<br />ACRES
<br />89.83
<br />SUBDIVISION
<br />N/2NW/4; W/2SE/4NW/4
<br />excepting out the property north
<br />of 112'" Avenue and west of Old Brighton Road
<br />SEC.TWP.RGE.
<br />lo-zs-67w
<br />PATENTS
<br />FUND: School
<br />5860
<br />containing 89.83 acres, more or less, togethe r with the right to use as much of the surface as may be reasonably
<br />required, including the right to reasonable ingress and egress; the right to make excavations, stockpiles, and other
<br />improvements as may be reasonably necessary in the mining and removal of said minerals; subject, however, to
<br />all existing easements and rights-of-way of third parties, and the rights of surface lessees and surface owners, and
<br />further subject to the terms, conditions and agreements set out in this lease. The above-mentioned rights may be
<br />exercised in connection with mining on other or adjacent lands only when mining on such lands is carried on in
<br />conjunction with the actual mining on the Leased Premises. 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 Lessor:
<br />A. All rights and privileges of every kind and nature, except as are herein specifically granted.
<br />B. The right to use or lease said premises or any part thereof at any time for any purpose, including the right
<br />to explore and prospect said premises, which use and leasing of said premises shall be for purposes other
<br />than and not inconsistent with the rights and privileges herein specifically granted.
<br />C. The right to dispose of or lease the surface where Lessor is the surface owner.
<br />D. The right at all times during the life of this lease to go upon said premises and every part thereof for the
<br />purpose of inspecting said premises, and the books of accounts and records of mineral workings therein,
<br />and of ascertaining whether or not said Lessee and those holding thereunder by and from it, are carrying
<br />out the terms, covenants and agreements in this lease contained.
<br />E. The right at any time to grant aright-of-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; but that such grants shall be subject to the rights of Lessee.
<br />F. The right at any time to place the. Leased Premises into the Stewardship Trust as set forth in Section
<br />10(1)(b)(I) of Article IX, of t<'te State Constitution. Said placement into the Stewardship Trust shall be for
<br />reasons not inconsistent with the rights and privileges of Lessee.
<br />TO HAVE AND TO HOLD The above-described premises unto Lessee, its heirs, successors, assigns, or legal
<br />representatives for the term of ten 10 years, and until Twelve O'clock noon on the 19th day of October , 2009 , .
<br />and, except as hereinafter stated, as long thereafter as minerals are being produced in paying quantities from said
<br />premises, and the royalties and rentals provided for herein are being paid, or by any extension hereof, subject to the
<br />following terms, conditions and agreements, to wit:
<br />
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