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PERMFILE112959
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PERMFILE112959
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Entry Properties
Last modified
8/24/2016 10:09:12 PM
Creation date
11/24/2007 10:07:22 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1998003
IBM Index Class Name
Permit File
Doc Date
1/15/1998
Doc Name
CONSTRUCTION MATERIALS REGULAR 112 OPERATION RECLAMATION APPLICATION
Media Type
D
Archive
No
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S,trm~ Gtuvrt. Lusa • P,tca 2 <br />The rights grmted huandu shall be exclusive in the seine that the Lesson will <br />not grant to myone elx the privilege of rwoviog smd end gravel from the Property during the <br />period hereof or until reclamation is completed. Lessors resave the right ar my time during the <br />term hereof to go on and ux the Property for my purpox whatsoever, but vrithout unreasonable <br />interference with the right of the Lessee. in no evmt shall this include the right to mtu the <br />mine md/or rwrne material from the mine face. <br />2. ACCESS ROAD. Attached hereto as Exhibit "A" and labeled "Raftopouloa <br />Prospect" is a plat of the propoxd permit area, including the "Proposed Access Road.• Lessen <br />shall be responsible to improve and maintain the "Proposed Access Road" to wharevu extent is <br />necessary for Lessee's purposes at Cause's sole expense. <br />Lesson reserves urtto thwaelva and thdr guest and invitxs and without <br />interference with Lessee the right to use the "Proposed Access Road• for ell purposes including <br />ingress and egreav to and from contiguous property owned or used by Lessors. <br />At the coacluaion of Chia lease, Leasora mry accept rattan of the Property without <br />reclamation of the acceu road, in which evmt Lawn shall notify the State Lmd Mtned <br />Reclamation Board of such intmt, or Lesams may at thdr option require Lessee to fully «cleim <br />the properties burdened by said access road. <br />3. TERM. This Leax shell extmd for a period of five (5) years from the date <br />hereof. <br />Lessee shall have the absolute right to anew this Leax for m additional term of <br />five (5) years, subject only to a renegotiation of the rmt and royalty set forth in Paragraph 4 <br />below. <br />To exercise thin right to anew, Lessee shall serve Lessors ar the abovo-atated <br />address with written notice of its intent to anew not less thin ninety (90) days prior to the <br />expiration hueof, whereupon the parties shall adeavor in good faith to agree to a new rat and <br />royalty to be applicable during the extaded term hereof. Each party shell be dewed to be <br />negotiating in good faith if the price being negotiated is related to a current bona fide offu to <br />lease received by Lessors from a third party or to other objective indicators in the mariret place. <br />Upon agreement to a new rent and royalty, the parties will execute a written extasion agreemmt. <br />If the parties have not agreed to a now rent and royalty by the expintioo hereof, <br />this Leax shell expire, subject to Lessee's right in Paragraph 8 hereof. <br />4. RENT AND ROYALTY. Lessee shall pay Ldsors the sum of FIVE HUNDRED <br />and NO/100 Dollars (SS00.00) per year in advmce (herein, "Annual Rental") during the primary <br />term hueof and during my extended time that Lessee is in possession for reclamation ar provided <br />in Paragraph 8 below, which shall ba full compensation for uses of and dwage to the Property. <br />Additionally, Lessee will pay Leaven a royalty equal to sixty cents (5.60) pu abic yard for <br />sand and gravel mined and rwoved from the Property. Payment is to be made on qumtities as <br />measured by a Licensed Surveyor wployed by Lessee. <br />Hy stating a royalty herein Lessee in no wsy guarmten my minimum production. <br />Furthermore, Lessee is not obligated to agage in mining or production to maintain this lease <br />during the term hueof, it being tha intent of the parties that the lease be held by the Amual <br />Rental stated above. <br />M additiond consideration for this lease, Lessee agrees to set aside in a distinct <br />and sppropriately marked pile, 100 cubic yards pu amain of pit run from the mine. Lesson <br />shall be entitled to rwove said pit run from the Property at wch times and in such qumrities as <br />Lessors choose, all at Lessors' coat. <br />Exhibit N Page #2 <br />
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