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2004-03-08_REVISION - M1998052
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2004-03-08_REVISION - M1998052
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Last modified
6/15/2021 11:01:06 AM
Creation date
11/21/2007 11:43:03 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1998052
IBM Index Class Name
Revision
Doc Date
3/8/2004
Doc Name
Conversion Application
From
Everist Materials LLC
To
DMG
Type & Sequence
CN1
Media Type
D
Archive
No
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4. Term Renewal Periods: <br />(a) Following LESSEE' giving the written notice of exercise of the Option and <br />payment described in Paragraph 3(b) hereof, the lease of the Leased Premises shall <br />commence, and shall thereafter remain in full force and effect for a primary term ending on <br />December 31, 2012 ("Primary Term"). <br />(b) LESSEE shall have the right and option to renew the term of the lease wider <br />this Agreement for TWO (2) additional FIVE (5) YEAR period(s) each (the "Renewal <br />Periods" and each a "Renewal Period") upon the same terms and conditions as herein <br />contained (unless otherwise modified by mutual agreement), by serving written notice upon <br />LESSOR of such election at leasC ninety (90) days prior to the expiration of the Primary <br />Term or the then-applicable Renewal Period. Upon service of said notice, this Agreement <br />shall be so extended for the next Renewal Period upon the terms set forth herein without the <br />necessity of any further instruments. <br />(c) Promptly after LESSEE'S exercise of the Option, the parties agree to execute <br />a document, in recordable form, stating the Effective Date, the Exercise Date and the Primary <br />Term termination date, describing the LESSEE'S Renewal Periods option rights, and <br />containing such additional information as may be reasonably required in order to confirm the <br />rights of LESSEE hereunder. <br />Advance Annual Payment -Royalty: <br />(a) Fox the purpose of computing the amounts of and dates when the quarterly <br />installments ofAdvance Annual Payments and Royalty calculations/payments shall he made <br />to LESSOR, the following definitions shall apply: <br />(i) The term "lease year" shall be understood to mean a calendar year. <br />(ii) The term "calendar quarter" shall mean the quarter-annual periods <br />comprising the Three (3) calendar months ending ou the last days of the months of <br />March, June, September and December of each lease year. <br />(b) Provided that LESSEE shall exercise the Option, LESSEE agrees to pay to <br />the LESSOR a minimum paymeut of NINETY THOUSAND Dollars ($90,000) for the <br />Option Ternl and for each lease year of the Primary Term and for each lease year of the <br />Renewal Period(s) of this Agreement ("Advance Annual Payment"). The first quarterly <br />installment of Advance Annual Payment for the second lease year, in the amount of <br />TWENTY-TWO THOUSAND FIVE HUNDRED Dollars ($22,500), shall be due and <br />payable on the first of January, 2004. Thereafter, subsequent quarterly installments of the <br />Advance Annual Payment in the amount of TWENTY-TWO THOUSAND FIVE <br />HUNDRED Dollars ($22,500) each shall be due on first day of each subsequent calendar <br />yuarter. If this Agreement shall terminate at any time prior to the end of any lease year, the <br />09/06/2002 L.G. Everisl (Rock Island Land Co. Page 3 <br />Option and Lease Agreement <br />
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