|
This LEASE AGREEMENT is made and entered into this 30~ day of
<br />~ June, 1999, by and between Fruits Marketing and Management, Inc.,
<br />hereinafter referred to as "Lessor", and Elam Construction, Inc.,
<br />a Colorado corporation, hereinafter referred to as "Elam". For
<br />purposes of this Agreement, Lessor's official address shall be:
<br />Fruits Marketing and Management, Inc.
<br />140 North Mesa
<br />Fruits, Colorado 81521
<br />Telephone: (970} 858-9115
<br />and Elam's official address shall be:
<br />Elam Construction, Inc.
<br />1225 South 7th Street
<br />Grand Junction, Colorado 81501.
<br />Telephone: (970) 242-5370
<br />WHEREAS, Lessor is the owner of the following described real
<br />property located in Mesa County, Colorado, described as follows,
<br />to-wit:
<br />Privately held land located primarily within Section 2, 10 & 11,
<br />Township 1N, Range 3W, IIte Meridian, in Mesa County, Colorado.
<br />Parcel 2 of Tract A, Landmark Petroleum, Inc. Zoned Industrial,
<br />found in Book 2192, Pages 593 through 596, Mesa County Clerk and
<br />Recorders Office. See Attachment A, boundary of approximately 60
<br />acres more or less to be established by the parties.
<br />and
<br />WHEREAS, the said property contains gravel, and the parties desire
<br />to lease the premises so that Elam may extract gravel therefrom:
<br />NOW, THEREFORE, this Agreement witnesseth that:
<br />1. RIGHTS. Lessor hereby grants unto Elam the exclusive right
<br />to enter upon the real property described above and to extract,
<br />process, stockpile and remove therefrom sand, gravel, fill dirt,
<br />and topsoil and to operate any equipment Elam deems necessary to
<br />accomplish the foregoing, including, but without limitation, the
<br />right to operate a hot mix asphalt plant, gravel crusher, and
<br />concrete plant, in accordance with the terms set forth herein.
<br />2. EASEMENTS. Lessor also grants to Elam easements fpr the
<br />purposes of ingress and egress to the leased premises as needed
<br />for equipment and all other needed activities. Lessor grants to
<br />Elam the right to do whatever improvement Elam feels necessary to
<br />improve existing roads to allow adequate access onto the pit
<br />operations. This includes, but is not limited to, moving of
<br />irrigation ditches, installing new culverts, and installing gravel
<br />as needed to widen and stabilize these access roads to allow for a
<br />
|