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<br />CENTRAL: <br />Central Colorado Water Conservancy District <br />3209 W. 28th Street <br />Greeley, CO 80631 <br />Copy by First Class mail to: <br />Kim Lawrence, Esq. <br />Lind, Lawrence and Ottenhoff, LLP <br />1011 11th Ave <br />P.O. Box 326 <br />Greeley, CO 80632 <br />Change of address shall be given by mailing of notice of such change <br />17. Reservaticn of Other Mirterats to CENTRAL -This Lease pertains only to the removal of sand, gravel, <br />and aggregate. All other minerals located on the property are reserved unto CENTRAL. <br />18. Warranty of Title to Sand .Gravel and Aaoreaate -CENTRAL warrants that they possess an <br />indefeasible estate in fee simple in and to all interest in the sand, gravel, and aggregate on the subject <br />property and have good right and full powerto lease same. CENTRAL shall indemnify COUNTY and <br />pay all claims and costs of defense for any causes of action arising out of any third parties' claims to <br />said materials, shall warrant quiet and peaceable possession to the COUNTY under the terms of this <br />lease, and will defend title thereto against all persons who may lawfully claim the same. Further, <br />CENTRAL states that the property is free and clear from any encumbrance affecting the right of the <br />COUNTY to remove materials. Lessor makes no warranties as to the quality or quantity of sand, <br />gravel, and aggregate at the property. <br />19. Waiver of Trespass and Nuisance Claims -CENTRAL recognizes that the operations contemplated <br />by the lease may, even when conducted in accordance with regulatory requirements, cause <br />interference with adjacent land uses. CENTRAL hereby waives any tort including trespass and <br />nuisance Gaims based upon such interference but, in so doing, expressly reserves any cause based <br />upon this lease and the right to seek administrative remedies from the agencies responsible for <br />regulating such operations. Notwithstanding the preceding, CENTRAL does not waive any trespass <br />or nuisance claim based upon the willful and wanton or grossly negligent acts of the COUNTY or its <br />employees. <br />20. VENUE -Venue for any dispute arising under this lease shall be proper in and for the District Court <br />in and for the County of Weld, State of Colorado, 19th Judicial District. <br />21. This lease is intended to be binding on the heirs, assigns and successors in interest to the parties <br />hereto. <br />Mining Lease, Page 4 or 5 <br />