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<br /> <br />S&G-PER.DOC STATE OF COLORADO <br />Rev. 12(97 STATE BOARD OF LAND COMMISSIONERS <br />Department of Natural Resources <br />Denver. Colorado <br />SAND & GRAVEL PERMIT NO GP 3395 <br />THIS SAND & GRAVEL MINING PERMIT, Made in duplicate and entered into this 17th day of August <br />1999 ; by and between the State of Colorado, acting through its STATE BOARD OF LAND COMMISSIONERS, <br />hereinafter referred to as Permitter, and Alamosa County Commissioner <br />P. O. Box 178, Alamosa, CO 81101 hereinafer referred to as Permittee: <br />WITNESSETH: Permitter, for and in consideration of the sum of Two htmdred fifty and no ;100 Dollars <br />($ 250.00 ), receipt of which is hereby acknowledged as payment of the filing fee in the amount of $ -0- ,rental <br />payment in the amount of $ 250.00 for the five year permit term, and a bonus in the amount of $ -0- ,and in further <br />consideration of the terms, conditions and agreements herein and of the payments of reserved herein, to be kept and <br />performed by Permittee, its successors and assigns, does hereby lease to Permittee the right and privilege of exploring and <br />prospecting for, developing, and mining of and taking of Sand & Gravel minerals for the sole purpose of fulfilling a <br />local, state, or federal contract from the lands herein described, situated in the County of Coneies ,State of Colorado, <br />to wit: <br />ACRES SUBDIVISION SEC.TWP.RGE. PATENTS <br /> <br />160.00 SE14 43bN-8E NO <br />FUND: Internal Improvements <br />containing 160 _, acres, more or le<s, together with the right to use as murh of the surface within the Division of <br />Minerals & Geology, bylined Land Reclamation Permit, as may be reasonably required, including the right to <br />reasonable ingress and egress; the right to make excavations, stockpiles, and other improvements as may be <br />reasonably necessary in the mining and removal of said minerals; subject, however, to all existing easements and <br />rights-of-way of third parties, and the rights of surface Permittees and surface owners, and further subject to the <br />terms, conditions and agreements set out in this lease. The benefits, terms, and obligations of this lease shall <br />extend to and be binding upon the heirs, executors, administrators, successors, or assigns of the respective parties <br />hereto. <br />RESERVING, however, to Permitter: <br />A. All rights and privileges of every kind and nature, except as are herein specifically granted. <br />B. The right to use or lease said premises or any part thereof at any time for any purpose, including the right <br />to explore and prospect said premises, to issue additional permits within the legal description of the <br />premises but outside of the Reclamation Permie boundary, not inconsistent with the rights and privileges <br />herein specifically granted. <br />C. The right to dispose of or lease the surface where Permitter is the surface owner. <br />D. The right at all times during the life of this lease to go upon said premises and every part thereof for the <br />purpose of inspecting said premises, and the books of accounts and records of mineral workings therein, <br />and of ascertaining whether or not said Permittee and those holding thereunder by and from it, are <br />carrvine our the terms, covenants and aFrceanents ir, this lease contained. <br />E. The right at any time to grant aright-of-way upon, over or across all or any part of said premises for any <br />ditch, reservoir, railroad, communication system, electric powerline, or pipeline, schoolhouse or other <br />]awful purpose; but that such grants shall be subiect to the rights of Permitee. <br />F. The right at any time to place the Leased Premises into the Stewardship Trust as set forth in Sectiee <br />10(1)(b j(I) of Article IX, of the State Constitution. Said placement into the Stewardship Trust shall be for <br />reasons not inconsistentwith the rights and privileges of Petmitee. <br />TO HAVE AND TO HOLD The above-described premises unto Permittee, its heirs, successors, assigns, or Legal <br />representatives for the term of five years, and until Twelve O'clock noon on the 17th day of August 2x(14 <br />,and, except as hereinafter stated, as long thereafrer as the royalties and rentals provided for herein are being paid, or by <br />any extension hereof, subject to the following terms, conditions and agreements, to vvit: <br />