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p6r04:%2005 U8: 22 9?p2210p72 STONE WHOLESALE PAGE 02(13 <br />NORTFZERN COLORADO WATER CONSER~%"F1NCY D.i.S'z'RiCT <br />QUARILI" LEASE <br />This Quarry Lease is oracle and entered into as of ~n"~n, (ear !D , 2004, by and between the <br />Northern Colorado Water Conservancy District, aquasi-mtuticipal entity acrd political subdivision of the <br />State of Colorado, whose address is 220 Water Avenue, Berthoud, Colorado 80513, hereinafter referred to <br />as Lessor, and Stone Wholesale, loc., a Colorado corporation, whose address is 4'717 W est Lakeview Drive, <br />Fort Collins, Colorado SD526, hereinafter referred to as Lessee: <br />yTrITNESSETH: Lessor, for and in consideration of the sum of five hundred rmd no1100 Dollars <br />(SSO(1.00 ,receipt of which is hereby aclsnowledbed as payment of the. first year's rent and in further <br />consideration of Lessee's agreement to pay ($SDD.DO) annually as rental in advance of the anniversary date <br />of this lease so long as said lease shall remain in effect; and in fua'ther consideration of the terms, conditions <br />and agreements herein and of the payments of annual rentals and royalties reserved herein, tv be kept and <br />perfotrned.by Lessee, its successors and assigns, does hereby lease to T,essee the right and privilege of <br />exploring, prospectingfor,developing,miningandtakirrgquartz~rndc bouldere rnn¢ern~et rip-rap and <br />tandscane rock (the "materials") fzom the lands herein described, Situated in the County ofI~arimer, State <br />of Colorado (the "Leased Premises"): <br />gCAES SUBDNISION ~SEC.TWF'.RGE <br />15 VYIl2NF:1/4NE1/4 1-SN-70W <br />containing 15_(10 acres, more or Less, and shown on. attached Exhibit A, together with the right to use as <br />much of the surface as maybe reasonably requh~ed, the right to make excavations, stockpiles, and other <br />improvements as may be reasonably necessary i.n the minin; and removal. of said materials; subject <br />however, to all existing easements and rights-o£-way of third patties, and to the rights of sur#'ace lessees and <br />surface owners, and further subject to the terms, conditions and agreements set out in this lease. The above- <br />nrentionedrights may be exercised in connection with mining on adjacent lands on).y when rxzizung on such <br />lands is carried on in conjunction with the actual mining of the Leased Prenrises. The benefits, terms, znd <br />obligations of this lease shall extendto andbe bindizrg upon the heirs, executors, administrators, successors. <br />and assigns of the respective patties hereto. <br />RESEI~VING, however, to Lessor: <br />A. All xi;hts and privileges of eves, kind and nature, except as are herein specifically granted. <br />B. 'T'he right to use or lease the Leased Premises or auy part thereof at any time for any purpose, <br />including the right to explore and prospect said premises, which use and ]easin~~ of said <br />premises shall. be for purposes other than. and not inconsistent with fhe rights and privilc:~ cs <br />lrerein specifically wanted. <br />C. The rigtzt to transfer, sell, convey or dispose of the Leased Premises, in whole or in part. <br />H:WIANG1vtEN1lAGREEMN7\?OU4\U9.10-04 Quazry l.euc SWnc Wholcsa(o Coloration-FRJAL.wpd <br />2~ <br />