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ROCK, SAND AND GRAVEL QUARRY LEASE
<br /> (R'ith Option to Lease)
<br /> • THIS ROCK,SAN.D Z�/\) D GRAVEL QUARRY LEASE(the"Lease')is made and enter into
<br /> as of the�lfTday of C✓[; -.`�-,2001 by and beoceen Orlando E. b(ar[imz and Rose Marie
<br /> Martinez.whose a?•,'.ress is:I h'.Owa.Pueblo,CO 81006;hereinafter called LESSOR(whether
<br /> one or more).and Huerfano County,a Count} in[hz State of Colorado; whose aidress is 401
<br /> Main Street, Suite 201. Walsenbu:g. CO 810S9,hereinafter called LESSEE.
<br /> 1. Grant of Lense. LESSOR, for the consideration described herein, hereby exclusively
<br /> leases to LESSEE, and LESSEE agrees to lease from LESSOR,for the purposes herein
<br /> described,that certain real property located in Huerfano County. Colorado more
<br /> particularly described as follows: _
<br /> A parcel of land located in the South half of Section 19,Township 26 South,
<br /> Range 69 �\'est,6th P.M.,Huerfano County,State of Colorado,more particularly
<br /> as follows: Starting at the Southwest Corner of Section 19,Thence a distance of
<br /> 2560 ft. at a Azimuth of 58 degrees,to the Point of Begimting(P.O.B.),Thence
<br /> 660 ft.,Azimuth 90,Thence 1075 E,Azimuth 150,Thence 218 ft.,Azimuth 240,
<br /> Thence 1195 ft.,Azimuth 307,thence 181 ft.,Azimuth 270,Thence 93 ft.,
<br /> Azimuth 360,Back to the Point of Beginning(P.O.B.). Containing approximately
<br /> 9.96 acres more or less(collectively,the"Leased Property"). See Attached
<br /> Exhibit"A".
<br /> LESSOR hereby represents and warrants that it presently has full right,title and interest
<br /> in and to the real property,comprising the Leased Property subject only to this lease,and
<br /> has not granted any other interests therein,and that so long as the Lease remains in effect,
<br /> LESSOR will defend such right,title and interest,and will not do or suffer anything that
<br /> will interfere or impair LESSEE's rights hereunder.LESSOR hereby further agrees that,
<br /> • during the Term of this Lease,LESSOR v:ill not lease,convey or otherwise transfer any
<br /> of the minerals located in.on or underneath the Leased Property to any person or entity
<br /> whatsoever.other than LESSEE,nor ,rant any other rights thereto,unless the written
<br /> permission of LESSEE is first obtained.
<br /> 2. Term of Lease. The Lease shall be for an initial period of Ten(10)years beginning
<br /> January 1,2002 and ending December 31,2011 (the"Initial Lease Terri').together with
<br /> one(1)separate option,for the benefit of LESSEE to extend the Initial Lease Term for
<br /> and additional Ten(10)years(such extension exercised by LESSEE being referred to as
<br /> the"Extended Term")LESSEE shall provide LESSOR with written notice of its
<br /> intent to exercise the extended term no later than thirty(30)days prior to the expiration
<br /> of the Initial Lease Term. Upon exercise o`the Extended Term,the provisions of
<br /> this Lease shall continue to govern the rights of the parties during the then
<br /> applicable Extended Term.
<br /> 3. Permitted Uses. This Lease is granted for purposes of giving LESSEE the exclusive
<br /> right to explore for. mine,preserve,opera!,,remove,produce,process,and transport all
<br /> rock. Saud. gravel and/or earth fill available from the Property during the Term. In
<br /> connection with the foregoing,LESSOR agrees that the LESSEE shall also have the
<br /> right to conduct all activity on the Property typically associated with the foregoing uses,
<br /> including. without limitation: (1)rights of access, ingress and egress to,from and
<br /> throughout the Leased Property by way of the construction of"haul roads"or other
<br /> roadways on. over and across the Leased Property,(ii)the right to maintain on the
<br /> Property a scale house an office shed Or building.and such machinery.equipment.
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