REV100631

• Permit No: M1985129
• IBM Index Class Name: Revision
• Doc Date: 3/1/2002
• From: DNR
• To: ELBERT CO ROAD & BRIDGE DEPT
• Type & Sequence: AM1
• Media Type: D
• Archive: No

y39B 090/982 02 ER~'
2 of 8 R @.00 D 0.00 N 0,00 Elbrar4. County CO
additional years upon the terms and conditions herein contained. Such option shall
automatically be exercised unless Lessee notifies Lessor in writing of its intent not to renew.
2,4 The rights qF Lessee hereunder shall he exclusive in the sense that the Lessor, its
heirs, successors trod assigns, will not Grant to anyone else the privilege of removing grave] from
said tract ul' land during the period hereof.
2.5 Covenant of Quiet Enjoyment. Lessor agrees to hold Lessee harmless frvm the
claims of any other parties claiming right (including sand, grave] and mineral rights) or title
better than the right or title held by. Lessor to said premises.
3. CONSIDERATION.
3.1 Lcssce shall make l.~ayment of royalties to Lessor at the address designated
hereafter computed as follows:
A. Lessee shall pay 0.35 cents per loo for all gravel removed froth the leased
premises until December 31, 1998. As of January 1, 1999, the Lcssvr shall pay 0.50 per ton.
B. No royalty shall he payable to Lessor unless and until material is removed
From the Leased Premises. Lessee shall weigh or measure all material and shall provide Lt;ssor
with a written statement (including copies of daisy scale tickets or computations of measurement,
if requested) as to all materials removed frvm the Leased Premises in the preceding month and
make payment to Lessor for the royalty due therefore by the 15th day of each month for
material removed in the preceding month, Payment for such royalty shall be by County Warrant
to thu Order of Lcssar unless otherwise directed itt writing by Lessor at a time subsequent
hereto.
3.? Lessee further agrees to use rcasonahie efforts set aside or reserve up tv S,000
tons of gravel per year (July i -June 3U) for purchase by Lessor or ils agent yr assigns at
Lessee s rate to puhlic purchasers. Such reserve of material shall not he cumulative, meaning
that any unused reserve shall not be carried over into future years. Lessee's obligation to
reserve gravel fvr Lessor is contingent upon Lessor's giving Lessee notice on or before March
1 and August 'L of its gravel needs. Lessor shall be vhligatt:d to pay for gravel reserved and not
picked up within 90 days of March 1 or August ], unless Lessee is able to sell such non picked
up gravel to the puhlic during that year. This contract is subject tv the annual appropriation
of fonds by the County fvr a gravel operation at Cltis location.
4. REMOVAL OF EQUIPMENT AND IMPROVEMENTS. Upon termination of
this Lease Agreement for any reason, Lessee shall remove all such personal property and
improvements within sixty (60) days after termination, and if Lessee shat! fail to do sn remove
the said property, Lessor may have the personal property and improvements removed from the
Leased Premises at Lessee's expense, providing Lessor gives Lessee prior written notice of such
intent to remove.
2