2005-09-19_REVISION - M1999069

• Permit No: M1999069
• IBM Index Class Name: Revision
• Doc Date: 9/19/2005
• Doc Name: Need Materials
• From: Applegate Group Inc
• To: DMG
• Type & Sequence: AM1
• Media Type: D
• Archive: No

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SAND AND GRAVEL LEASE
THIS LEASE entered into and effective as of ~,
1998, is between FLYING W RANCH LOVELAND, LLC, hereinafter
referred to as "Lessor", and JAKE KAUFFMAN ~s SONS, INC.,
hereinafter referred to as "Lessee".
WITNESSETH:
WHEREAS, by this instrument, the Lessor leases to Lessee a
certain tract of land for the purposes of mining and extracting
sand, gravel and like products therefrom:
1. LEASED PREMISES. Lessor, in consideration of the
royalties herein reserved and the covenants to be performed by
the Lessee, does hereby lease, let and demise unto the Lessee,
for the purposes of mining and extracting sand, gravel and like
products therefrom, that certain real property consisting of
approximately 97 acres owned by Lessor located in the West ~ of
NE , and E ~ of NW of Section 21, Township 5, Range 68 West of
the 6'" P.M., Larimer County, Colorado, (the "Leased Premises"),
which lies adjacent to lands owned by Lessee. The Leased
Premises shall include all areas within the currently fenced
perimeter of the Leased Premises owned by Lessor on the north
side of the Thompson River. A survey shall be performed to create
the legal description for the Leased Premises acid may be attached
to this Lease as an Addendum. Lessor shall be responsible for
the cost of said survey, but Lessee shall pay the cost of said
survey, and said amount shall be deducted from the first royalty
payment to be paid to Lessor under this Lease.
2. LESSOR'S RESERVATIONS. Lessor reserves all mineral
rights of every kind and nature in and to all minerals, including
oil and gas in and under and that may be produced from the Leased
Premises or any portion thereof, except said reservation shall
not include sand, gravel and like products (collectively the
"Salable Material"). Lessor also reserves all rights to all top
soil. Lessee is prohibited from removing and/or selling over
burden and top soil from the Leased Premises. Lessee shall use
all over burden and top soil to accomplish the reclamation of the
Leased Premises. Lessor reserves all rights to the surface of
the Leased Premises, to all surface aitd all subsurface water
rights, and to all rights and privileges of every kind and nature
not expressly granted herein; provided, however, that use of such
reserved rights shall not interfere with the operations of Lessee
under this Lease.
3, TERM OF LEASE. The term of this Lease shall be for a
period the earlier of ten (10) years from the Commencement Date
as defined below, or the date when all Salable Material has been
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