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PERMFILE103931
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PERMFILE103931
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Entry Properties
Last modified
8/24/2016 9:57:20 PM
Creation date
11/24/2007 10:37:14 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1990138
IBM Index Class Name
Permit File
Doc Date
5/16/1990
Doc Name
SAND AND GRAVEL LEASE GL3198
Media Type
D
Archive
No
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If en assignment a part of this lease is apprc 1, a new Lease designated <br />as an aesibnmant be Issued to the assignee ._varing t ands ass Lbned <br />for the balance he term of the base Lease on the min lease form in <br />' use et the time of assignment and Limited ae to term as said Lease le <br />limited. The assignor will be released and discharged from •11 further <br />' ob libat lone for such Lands assigned, as Lf the same had never been a part of <br />this lease. <br />No assignment or transfer of this Lease will be held valid by Lessor unless <br />made with its consent in wrLting and duly entered !n the books or reeocde of <br />Le980 r. <br />Ass tanment Consideration -- Tha considerat Ion for approval of assignment by <br />Lessor shall be yyy~yxXYYYYYYYI(YYYYYY) of the value of any eonsideretion~ <br />tendered to Assignor by Ascibnee Eor the ass Lgnment. Diw lgenee of the <br />value of these eonsiderat Lons shall be mandatory, in affidavit form, which <br />form shall be presented to Lessor along with the other ,assignment <br />instruments Ln order to obte Ln Lessor's approval for the assignment. An <br />aea Lgrwent does not eonst State a new lease but Le a coot inuation of the base <br />Lease. My attempt to withhold this inEormatlon shall be construed as an <br />attempt to defraud the State of Colorado and shall render this lease null, <br />void, and nonexistent, and all monies paid to Lessor shall be forfeited to <br />Lessor. In addition, the current statutory fees will be peld at the time <br />the ass ibnment record form ie aubmltted. <br />ACREEMP.NTS OUTSIDE TFIE TERMS OF TNiS LEASE --No assignment of undivided <br />interests or retention or reservation of overriding royalties will be <br />raeogn Lzed or approved by Lessor; and the eEEee t, if any, of any such <br />assignments or reservations will be strictly and only as between the part irs <br />thereto, end outside the teens of this Lease, and no dispute botween part lea <br />to any such assignment or reservation chall operate to relieve Lessee Crom <br />performance of any terms or eonditlona hereof or to postpone the lime <br />therefor. Lessor will and shall at all times be entitled to Look Bole Ly to <br />Leaeee ar !ts assignee shown on Lessor's books as being the sole owner <br />hereof, and Eor the ~aending of all notices required by this lease and Eor <br />the performance of all terms and eonditlona hereof. <br />Although not binding on Lessor, all instruments of every kind and netuco <br />whatsoever, including but not limited to sublease agreements and operating <br />agreements, effectLnE this lease shall be filed in the records of the <br />Mineral Department of Lessor. Upon request, such instruments furnished may <br />be kept eonELdential as eons Lstent within the law. <br />COMPLIANCE KITH REGULATIONS -- Lessee covenants artd agrees that during the <br />eontLnuence of this Lease he will fully comply with all of the provisions, <br />terms and rood itLons of all Lew, whether Pedere 1, State, or Local, and <br />oeders issued thereunder, which may be in of Eect during the wont Lnuaneo <br />hereof re lot tog to the operations of Lessee under this Lease, end the <br />marketing of any product thereof, or Labor relations in connection with eueh <br />operations or marketing. <br />RHPORTS -- On or before the Las! day of each and every calendar month durinb <br />the tern of this Lease, Lessee shall make a sworn, verif led, written report <br />to Lessor in which shell ba entered and sat down the exact amount in tans of <br />all materLa is removed Erom said premises during the pretodin6 ca lender <br />month. Such sworn, verified, written etatemente shall clearly set forth the <br />tonnage ea shorn by product Lon reports, and shall also show the use or <br />disposal by Lessee of eueh materials. <br />SURRENDER -- Lessee may at any time surrender and cancel this Leaso insofar <br />as the same covers all or any portion of the Lends herein leased end ba <br />relieved Erom further obligations or Liability hereunder with respect to the <br />Lands ^o surrendered; provided that no partial surrender or eancellatlon of <br />this lease shall be for less than contiguous tracts of approximately forty <br />(40) acres or Governmental Lot corresponding to a quarter-quarter section; <br />provided further that this surrender clause and the option herein reserved <br />to Lessee shall cease and become absolutely inoperative immediate Ly and <br />concurrently with the institution of any suit in any court of Law by Lessee, <br />Lessor or any assignee of either to enforce this lease, or any of its terns, <br />express or implied, but in no ease shall surrender be eEEectivo until Lessee <br />shall have made full provie ion for protection of the surface rights of the <br />Leased premises. <br />
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