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2002-07-18_REVISION - M1985129
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2002-07-18_REVISION - M1985129
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Entry Properties
Last modified
6/15/2021 2:45:06 PM
Creation date
11/22/2007 1:29:59 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1985129
IBM Index Class Name
Revision
Doc Date
7/18/2002
Doc Name
Application Materials
From
Elbert County
To
DMG
Type & Sequence
AM1
Media Type
D
Archive
No
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• I Iltlll ttlll ttl(tl Itlt Illlt t(II illtftl(Ill t~ll((I(I Itll <br />369687 09/02/1998 10,44R 6580 P702 LSF.AGR <br />2 of 6 R 0.00 D 0.00 N 0,00 ldlbar4. County CO <br />is <br />additional years upon the lento and conditions herein contained. Such option shall <br />automatically be exercised unless Lessee notities Lessor in writing of its intent not to renew. <br />2.4 The rights of Lessee hereunder shall he exclusive in the sense that the Lessor, its <br />-~ heirs, successors and assigns, will not grant to anyone else the privilege of removing gravel from <br />said tract' of land during the period hereof. <br />2.5 Covenant of Ouiet En,~ment. Lessor agrees to hold Lessee harmless from the <br />claims of any other parties claiming right (including sand, gravel and mineral rights) cir title <br />hotter than the right or title held by.Lessor to said premises. <br />3I CONSIDERATION. <br />3l1 Lessee ahall make payment of royalties to Lessor at the address designated <br />hereafter computed as follows: <br />A. Lessee shall pay 0.35 cents per ton for all gravel removed. from the (eased <br />premises anti! December 31, 1998. As of January ], 1999, the Lessor shalt pay O.Sb per ton. <br />$. No royalty shall lie payable tc~ Lessor unless and until material is removed <br />from the Leased Premises. Lessee shall weigh or meaeurc all material and shall provide L.c; sot <br />with awi•itten statement (including copies of daily scale tickets car computations of measurement, <br />if requested) as to all materials removed from the Leased Premises in the preceding month and <br />make payment to Lessor for the royalty due therefore by the 15th day oE' each month for <br />matcrial~ removed in the preceding month. Payment for such royalty shall be by County Warrant <br />to tht: Order of Lessor unless otherwise directed in writing by Lessor at a time subsequent <br />hereto., <br />3,2 Lessee further agrees to use reasonahle efforts set aside or reserve up to 5,000 <br />tans of~grave! per year (July 1 -June 3U) for purchase by Lessor or its agent or assigns at <br />Lossec's rate to public purchasers, Such reserve of material shalt not he cumulative, meaning <br />that any unused reserve sha]{ not be carried over into future years. Lessee's obligation to <br />reserve gravel for'Lessor is contingent upon Lessor's giving Lessee notice an or before March <br />1 and August '1 of its gravel needs. Lcssorshall he i~bligated to pay for gravel roscrved and not <br />picked up within 90 days of March 1 or August ], unless Lessee is able to sell such non picked <br />up gravel to tht: public during that year. This contract is subject to the annual appropriation <br />of funds by the County for a gravel operation at this location. <br />~4. REMOVAL OF EQUIPMENT AND IMPROVEMENTS. Upon termination of <br />this Leiase Agreement for any rcasan, Lessee shall remove all such personal property and <br />improvements within sixty (ti0) days after termination, and if Lessee shall fail to do so remove <br />the said property, Lessor may have the personal property and improvements removed from the <br />LeatiedJPremises at Lessee's expense, providing Lessor gives Lessee prior written notice of such <br />intent to remove. <br />
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