Laserfiche WebLink
<br />Lessee shall clear and remove all overburden and spoil nmaterial from time area to be <br />mined. Overburden and spoil material shall be used to construct a barrier berm along the south <br />property boundary adjacent to the railroad right of way and also along the west property boundary <br />1sI0I18 the edge of the drive-in theater. Trees over 6 inches in diameter shall be cut up and stacked. <br />Other organic material may be buried within the barrier berm in COIt1pi18tICE Wllh eII Ct'.BUi8t10r18, The <br />final barrier shall be constructed neatly with uniform side slopes end a consistent height. <br />Lessor shall provide access to Lessee, as presently existing, to and from the leased <br />premises, but Lessor reserves the right, al all times, to enter upon and inspect the leased property. The <br />Lessor also reserves the right for the Lessor or his designee to enter upon the property and perform <br />surveys to determine the quantities of materials removed. The first survey shall be carried out after the <br />overburden has been removed but before mining of the gravel has commenced. Lessee shall notify <br />lessor when area is ready for the survey. <br />If Lessee fails or refuses to pay the rental as aforesaid promptly when due or fails for <br />any reason to perform and fulfill all of Lessee's promises and covenants herein stated, then it shall be <br />lawful for lessor, their agent or attorney, to declare this Lease terminated and of no effect thereafter, <br />and without process of law to enter upon and take possession of said property. In the latter event, and <br />also at the expiration of This Lease, Lessee agrees to surrender and deliver to Lessor quiet and <br />peaceable possession of said properly, and upon failing to do so, Lessee shall be deemed guilty of <br />forcible detainer under the applicable statutes. The Lessee is responsible to surrender property fn good <br />repair and in a reclaimed condition in accordance with the reclamation plan. <br />Lessee agrees to indemnify and hold harmless Lessor against and from any and all <br />liabilities, suits, losses, damages, claims, actions, costs and expenses of any nature, growing out of <br />injury to or death of Lessee, its employees or subcontractors of any tier, and from any and all harm, <br />destruction, loss or damage to persons or property arising in any way in connection with, or related to, <br />the performance of any activities to be provided under this lease. Lessee agrees to notify Lessor in <br />writing of any problems, complaints or actions taken against or pertaining to the activity on the <br />property. <br />The Lessor hereby covenants and agrees as follows: <br />a. That the Lessor has good and merchantable title to the subject real property <br />and is authorized to make and enter into this Lease. <br />b. The Lessor shall timely pay all real property taxes assessed against the subject <br />property as welt as all mortgage payments. <br />The Lessee hereby covenants and agrees as follows: <br />a. The Lessee shall mine materials from the subject properly in a manner <br />consistent with good mining practices and in full compliance at all times witlm any and all permits, <br />laws, rules and regulations applicable to said operations. <br />b. The Lessee shall bear all of the expenses of such mining operation including, <br />without limitation, all permit fees; that it shall indemnify, hold harmless and defend the Lessor from <br />any liability for such costs and shall not permit or suffer the attachment of any lien for such costs upon <br />the subject real property. The Lessee will provide the Lessor wish copies of all permits. <br />c. Lessee shall clean up that part of the property effected by this mining <br />