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' ~ ~Q ~ inK 885PA~( 45 ~~o~oTOR9ao5o6courrrroFAa~ose- 161° RECEPTION ~7 RUTH E. !i£ATH, RECORDER ' ~j~Q LSASS AGRSSHSNT ' This Lease Agreement is made and entered into this 30th day of June, 1994, by and between Robert Boyd Jutten and Tommy John Jutten, whose address is 69216 Vernal Road Montrose, Colorado 81401 ("Lessor"), and ' United Companies of Mesa County, Inc., whose address is P.O. Box 3609 Grand Junction, Colorado 81502 ("Lessee"). ' RECITALS A. The Lessor is owner of the property described as SE1/4, SE1/4, Sec.36, T48N, R9W, New Mexico Principal Meridian, and NE1/4, NE1/4, ' Sec.l, T47N, R9W, New Mexico Principal Meridian ("The Property"). B. Lying within the bounds of the above described property and ' excluded from the terms of this Agreement are tw.o separate .areas. (1.) In Section 1; in the north-east corner bf the intersection of U.S. Highway 550 and Vernal Road, the area upon which a pump-house is ' situated.' (2.) In Section 1; NE1/4, NE1/4, NE1/4, Sec. 1, the area upon which a house and appurtenant structures and facilities are situated. ' C. A portion of the Property contains sand, gravel, rock, stone and overburden (aggregates), and the parties desire to execute this Lease so that the Lessee may extract, process and sell such aggregates. ' Therefore the parties agree as follows: ' TSR![S 1. Lessor grants unto Lessee, subject to the terms of this Agreement, ' the exclusive right to enter upon the previously described Property, being approximately 73 acres, in accordance with the terms of this Agreement. ' 2. The Lessee shall have the exclusive right to utilize the area of the Property for the extraction, processing and removal of aggregates, ' and shall have the right to situate equipment for this purpose on the Property. The Lessee shall have the right to install machinery, equipment, personal property, telephone lines, electrical lines, etc. ' in and on the Leased Property and shall have the right to remove such property at the end of the lease term. Lessee shall have the right to build roads and accesses, and construct sufficient infrastructure so as to support the activities represented in this Lease. Aggregates ' consumed in this effort will not be subject to royalty fees. 3. Lessee shall indemnify and save Lessor harmless from all ' extraction or production taxes which may be imposed as a result of the mining activity, and from all taxes which may be assessed or levied against personal property installed by Lessee on Leased Property. ' (UERrS NOTE: Tnm rns not en ong~nal Signature aacutr~m This ryas ce,,~11~t coDY when Dresenh n mY aitire ' ~ U(Rt U• ~: ~~ 1 RWh E. Heath. Coun^i .^,era aw NeMmer