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_ ~ r <br /> <br />LVAI31L1'I'Y INSURANCE l'enanl shall maimain liability insurance in total aggregate sum of at least <br />1,000,000. Tenam shall deliver appropriate evidence to Landlord as prool that adequate insurance <br />is iu Corce Landlord shall have the right to require that the Landlord receive notice of any <br />termination of such insurance policies. <br />ASSIGNADIIJTY/SUDLE"fq'ING. Tenant may not assign or sublease any interest in the Premises <br />withow the prior written rnnsent of Landlord, which shill not be unreasonably withheld <br />'I'I?RMINA'fION UPON SALE OF PREMISES Notwithstanding any other provision o(this Lease, <br />Landlord may not terminate this lease without the written consent o(lhe Tenant. <br />NOTICE. Notices under this Lease shall not be deemed valid unless given xr served in writing and <br />forwarded by mail, postage prepaid, addressed as follows: <br />LANDLORD: <br />Earl Dennelt <br />1470 l lighway SO <br />Delta, Colorado 81415 <br />TENANT. <br />Elam Construction, Inc., Harold P. Elam, President <br />1225 South Seventh Street <br />Grand Junction, Colorado 81501 <br />AIfG 0 6 1997 <br />Received <br />Di3tMlon AAIt»rab Gteobgy <br />Suclt addresses tnay be changed from lime to time by either party by providing notice as set forth <br />above <br />ENTIRE AGREEMENT/AMENDMENT. This Lease Agreemem contains the entire agreemem of <br />the parties and there are no other promises or conditions in any other agreement whether oral or <br />written. "I~his Lease may be modified or amended in writing, i(Ihe writing is signed by the party <br />obligated under the amendment. <br />SI~i VI:RAf31Lll'Y If any ponion of this Lease shay be held to be invalid or unenforceable for any <br />reason, the remaining provisions shall continue to be valid end enforceable. I(a coon finds that any <br />provision ol'this Lease is invalid or unenforceable, but that by lirttiting such provision, it would <br />become valid and enforceable, then such provision shall be deemed to be written, construed, and <br />enforced as so limited. <br />AllU1TIONAL PROVISIONS: <br />a. Crushed rejected gravel fines will remain on the property for the Landlords use. <br />b. At Landlords option tenant can provide crushing services at the rate x(%3.00 per ton <br />c. Landlord will be compensate) for stripping of the pit area at a "time and material" bases <br />not to exceed 52,400.00. <br />d 'Tenant shall be responsible fur obtaining a Special I I I Operations from the Colorado <br />Deparintem o(Nalural Resources Landlord agrees to assist in completing the application <br />by providing any necessary documentation that may 6e required by the Slate <br />e Tenant will assist Landlord whh shaping of slopes within the pit area. <br />LANDLORD: TENANT: <br />EARL BENNETI' ELAM CONSTKUCTION, INC <br />Ily. ~~C~,~- <br />Larl Dcnneu <br />Charles N Ellsworth <br />Vice-Presrdem <br />