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~'~~~-~g~~~ <br />SAND, GRAVEL, AND ROCK MINING i,F.ASE <br />This Lease mane November 7 1993, between Julian and Helen Q~ei~~~® ?,1Z~~~ <br />}iathaway ni Pagosa Springs, Colorado herein referred to as Lessor'r;c;gaO~~ye~, <br />and Donald arrd Kathryn Weber, Andy Weber, and Mark Weber,`DBA <br />Weber Sand & Gravel, doing business at Rt. 2, Box 296, City of <br />Pagosa Springs, County of Archuleta, State of Colorado, herein <br />referred to as Lessee. <br />Lessor, in consideration of the agreements set forth herein to be <br />kept and pertvrmed by Lessees, and of the payment of royalties by <br />Lessees as provided herein, and subject to the terms, conditions <br />and provisions contained herein, leases to Lessee i:hat certain <br />tract of laird situated in Arc}uleta County, State of Colorado, to <br />wit: <br />The SF.. 1/4 of Section 5 ared the SF. 1/4 of the NE 1/4 of Section 5. <br />The West 1/2 of the SW 1/4 of Section 4 and the NW 1/4 of the NW <br />1/4 (Lot 4}, the NE 1/4 of the NW 1/4 (Lot 3}, the SW 1/4 of the <br />NW 1/4 of Section 4, Township 35 N, Range 1 West, N.M.P.M., <br />Archuleta County, Colorado containing approximately 400 acres more <br />or less for the purpose of quarrying, mining, removing and <br />marketing therefrom sand, gravel anc} rock, all of w}rich are herein <br />referred to as materials. <br />Section Orre - Term of Lease <br />This lease shall be in effect: for a period of twenty (20) years <br />from November 7, 1993 to December 31, 2013, with option to renew. <br />Section Two - Royalties <br />Lessee s}eall pay to Lessor royalties as fo]lows: 25~ of the net <br />profit of all materials (sand, gravel and rock) removed from the <br />premises. Lessee agrees to keep strict and accurate records of all <br />materials removed from the leased premises and all sales thereof, <br />and Lessor s}~all have the privilege at all times of examining the <br />mining procedures and checking the books and records of Lessee for <br />the purpose of verifying the amount of royalties payable. <br />Section Three - Surface Rig}rts of Lessee <br />Lessee may clear trees, brush and undergrowth from such portions <br />of the leased premises as may be reasonably necessary to explore <br />for materi.a.ls or to locate pits, quarries and stockpile areas. In <br />order to obtain access to the leased premises, and to carry on its <br />operations hereunder, Lessee shall have the right to make use of <br />t}re roariway presently existing on the leased premises and shall <br />have t}re f~rrther right to build such additional roads as may be <br />necessary for the production and removal of materials hereunder. <br />Lessee may erect a plant on the leased premises if it should so <br />desire. Lessee may also erect such buildings and install machinery <br />and equipment as may he useful in connection with its operations <br />hereunder. <br />