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`• • • <br />1.. Lessee shall enter. upon said premises and •J~or}; <br />the same so as to mine the greatest amount of sand, gravel <br />and aggregate possible with due regard to the development <br />and preservation of the demised premises under the terms and <br />conditions of the Special Use Permit dated December 21, 1981 , <br />issued by the County Commissioners of Garfield County, <br />Colorado, and the Mined Land Reclamation Permit dated <br />M arc E ~98;L issued by the State of Colorado. <br />2. Lessee shall cause a min:i.mum royalty to be <br />paid to Lessor in the amount of $5,000.00 each year for the <br />first two years and thereafter $20,000.00 each year of the <br />lease term, to be payable on or before January .l fur the <br />previous year regardless of production or activity on the <br />demised premises, and such minimum roy,,lty shall be sccf- <br />ficient to keep and maintain this Lease in full force and <br />effect so long as at least the minimum royalty is paid for <br />each and every year of the lease term. Said minimum royalty <br />shall not be in addition to tti.e per ton royalty hereinafter <br />provided, but shall only be applicable in the event of non- <br />production or production insuf.fic.ient to generate per ton <br />royalty equal to the minimum royalty. <br />3. Lessee agrees to pay to Lessor as royalty the <br />sum of $0.40 per ton for each and every ton of sand, gravel <br />and related products removed, which royalty amount shall be <br />--2- <br />