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2003-02-27_REVISION - M1998013
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2003-02-27_REVISION - M1998013
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Last modified
6/15/2021 2:47:28 PM
Creation date
11/21/2007 12:16:34 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1998013
IBM Index Class Name
Revision
Doc Date
2/27/2003
Doc Name
Sand Gravel and Aggregate Mining Lease
From
Hall-Irwin Corporation
To
DMG
Type & Sequence
AM1
Media Type
D
Archive
No
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10. Removal of Improvements and Equipment. All improvements and equipment placed on <br />the Property by Tenant shall remain the property of Tenant. <br />On termination of this lease for any cause, Tenant shall have the right to remove all its <br />improvements and equipment, except the water well casing, fences, gates, and cattle guards. <br />The right to remove its improvements and equipment however, shall include any sand, gravel <br />and aggregate mined and produced, but not removed on the date of termination, all subject <br />to payment of royalties provided in this Lease. Further, upon termination of this lease for any <br />cause, Tenant shall have the right to re-enter the property at any time to complete <br />reclamation. <br />I I. Default by Tenant. If any default occurs in the performance of any term or condition of this <br />Lease by Tenant, Landlord shall have the right to give a 60-day notice in writing to Tenant, <br />demanding the correction or removal of the default. If Tenant fails to correct or remove the <br />default within this period, Landlord may, at Landlord's option, terminate this Lease. <br />If this Lease is terminated by Landlord pursuant to this section, Landlord shall have no further <br />rights or remedies against Tenant except the forfeiture of this Lease. Tenant shall have six (6) <br />months after termination within which to remove any plant, structures, or equipment placed <br />on the Property by Tenant. <br />12. Permits. The Tenant shall be responsible for applying for all permits necessary to obtain legal <br />permission to conduct its mining operations including a reclamation plan. The Landlord, for <br />itself, its successors and assigns, agrees to cooperate in all reasonable ways in Tenant's efforts <br />to obtain such permits and agrees to furnish, without cost, all information regarding the <br />Property which it has insofar as such information relates to sand, gravel, aggregate and other <br />materials. <br />Tenant shall be solely responsible for all costs and fees of obtaining the necessary permits for <br />its proposed mining operations and reclamation, which shall be the sole and separate property <br />of Tenant. <br />13. Agreement Concerning Reclamation. Tenant shall be responsible for compliance with all <br />rules and regulations of the Mined Land Reclamation Board and shall be responsible for <br />reclamation on the Property only to the extent the Property is actually mined by Tenant. <br />Further, upon termination of this lease for any cause, Tenant shall have the right to re-enter <br />the property at any time to complete reclamation. <br />14. Agreement Concerning Water Augmentation. Tenant shall be responsible and pay for any <br />additional water augmentation required due to Tenant's mining of the Property. However, <br />any of Landlord's water rights associated with the Property are usable by Tenant in meeting <br />Tenant's water augmentation requirement. <br />-3- <br /> <br />
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