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<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 />