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_, - I lttlll ttllt llt(Il'ttlll 1111 IIIII(t.tlttl Ill lilt! lltl lttl <br />' 2637882 09/02/1998 04~:35P Weld Cotrnby CO <br />1 of 8 R 41 09 D 0.00 Jp Suki Tsukamoto <br />SAND, GRAVEL• ANA AGGREGATE MINING LEASE <br />ro2wNen, LLGi34or/o) <br />May 22, 1998 <br />~~ <br />This Mining Lease is made thi day o May, 1998 y and between Orr!l~all, LLC <br />("Tenant") and BLC Development, LLC ("Landlord"). °~" <br />Background of Aoreament. The following background statements are made to aid in the <br />understanding and interpretation of this Ivfining Lease: <br />z~~.T <br />A. ~zaiS,~~€3~otl{F,;„b.~t~ „ hereafter known as the "Property" and <br />.sometimes referred to as the "Sand; Gravel and Aggregate Mine"}. <br />B. <br />1~rOyV THEREBOI2E, in consideration of the mutual promises and covenants contained <br />herein, Landlord hereby leases to Tenant those. portions of its Sand, Grave], and Aggregate Mine <br />located on the Property. <br />7ncorporatibn of Recitals' by Reference. All ofthe recitals are incorporated herein by this <br />reference and made a pan ofthe agreement of the parties. <br />2. Minerals to be 1Vlined: Tenant si$~l'l~li~v-"~ tfsx'heTr~l~~l"ii~£sio~"tti_e"atio~a~to~etnox~sand, <br />gta~ag;~~~:x@ from the Property. <br />3, Term. This Lease is effective as of the date of execution and sb~iYeieia~l1<rta~erais <br />•~"eel'. <br />4. Storage. Tenant may store sand, ,gravel and aggregate on the Property during the term of <br />this Lease and may operate a batch plant on the Property. <br />Royalty, ~el•1isp4t~1~t~,L~ia~iti~Ynr~as royalty, 5ve cents ($,5) per ton of sand, gravel <br />and aggregate sold from the Property and payment shall only occur when such-sand, gravel <br />and aggregate is sold to customers of Tenant. The quantity shall be determined after the <br />sand, gravel and aggregate is loaded in Tenant's trucks. It is further agreed that Tenant shall <br />have the right to mine all other materials and minerals on the Property including, but not - <br />limited to, gold and other precious metals, and Tenant shall have all such materials and <br />minerals without payment or proration. <br />Tenant shall pay the amount of ro}-airy in arrears at the end of each month that this Lease is <br />in effect. Tenant shall forward to Landinrd monthly reports showing the quantity of sand, <br />gravel and aggregate sold during the preceding month according to load tickets with dates <br />of loading. The reports shall be forwarded to Landlord by the 10th day of the month <br />829-d ann~d 141-I ao~ooccniaa <br />