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<br />LEASE AND AGREEMENT <br /> <br />FOR THE SALE AND PURCHASE OF GRAVEL <br />THIS AGREEMENT executed this day of , <br />1977, between THE SIEVERS RANCH AND DEVELOPMENT COMPANY, a <br />Colorado corporation, hereinafter called "Lessor" and H & <br />V SAND AND GRAVEL INC., a Colorado corporation, hereinafter <br />called "Lessee". <br />In conformance with Section 34-32-110 Colorado Mined <br />Reclamation Act of 1976, for mining operations affecting less <br />than ten (10) acres and extracting less than seventy thousand <br />(70,000) tons of mineral or overburden per calendar year, <br />the intent and purpose of this agreement is restricted to <br />the sale, purchase and removal of sand, gravel and aggregate <br />products only (any other elements or minerals to be removed, <br />if any, will be subject to separate contract) from the follow- <br />ing described property of the Lessor situated in the County <br />of Garfield, State of Colorado, consisting of 8 plus acres <br />generally described as: <br />That portion of Lot 1 The Sievers Ranch <br />and Development Co., lying and situate <br />Southwesterly of the Robertson Ditch in <br />Section 13, T-7-S, R-89-W of the 6th <br />P. M. <br />and as more particularly shown on Exhibit "C" and delineated <br />in red thereon (except one acre more or less reserve for <br />Batch Plant). <br />It is agreed between the parties hereto as follows: <br />PREMISES 1. Subject to the terms and conditions of the <br />provisions hereinafter set forth, Lessor hereby leases to <br />Lessee and Lessee leases from Lessor the property hereinabove <br />described, excepting one acre more or less thereof to be <br />reserved and set aside for use as a batch plant for processing <br />