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~D, GRAVEL, AND ROCK MiTiIN~I~EASE <br />This Lease m.rde November 7, 1993, between Ju.lia^ and Helen <br />??athaway nr Pagosa Springs, Colorado herein referred to as Lessor, <br />and Donald artd Kathryn Weber, Andy Weber, and Mark Weber, DBA <br />Weber Sanc] tx Grave], doing business at Rt. 2, Box 296, City of <br />Pagosa Springs, County of Archuleta, State of Colorado, herein <br />referred to as I,ess.ee. <br />LPSSUr, in cnrtsicls'ration of the agreements set forth herein to be <br />kept and p?rforme~i by Lessees, and of the payment of royalties by <br />Lessees as provided herein, and sut,ject to the terms, conditions <br />and provisions contained herein, leases to Lessee that certain <br />tract c>E .1 :rttcl situated in Archuleta County, State of Colorado, to <br />wit: <br />The SE 1!4 <,f Section 5 and the SE t/4 of the NR 1/4 of Section 5. <br />The West 1/2 of the SW 1/4 of Section 4 and tl~e NW 1/4 of the NW <br />1/4 (Lot 4), the NF. 1/4 of the NW 1/4 (Lot 3), the SW 1/4 of the <br />NW 1/4 of Section 4, Township 35 N, Range 1 West, N.M.P.M., <br />Archuleta Covnty, Colorado r.ontaining apnrnximately 4OO acres more <br />or less for the purpose of quarrying, mining, removing attd <br />marketing therefrom sand, gravel and rock, all of which are herein <br />referred to as materials. <br />Section Ono - Term of Lease <br />This lease shall be in effect. for a period of twenty {20) yeac•s <br />from November 7, 1993 to Der,ember 31, 2013, with option to renew. <br />Section Two - Royalties <br />Lessee s}:all pay to Lessor royalties as follows: 25`k of the net <br />profit of all materials (sand, gravel and rock) removed from the <br />premises. Lessee agrees to keep strict and accurate records of all <br />materials removed from the leased premises and all sales thereof, <br />and Lessor shall h~+ve the privilege at all times of examining the <br />mining procedures and checking tare books and rewords of Lessee for <br />the purpose of verifying the amount of royalties payable. <br />Section Tlcree - Surface Rights of Lessee <br />Lessee may clear trees, brush and undergrowth from such portions <br />of the leased premises as may be reasonably necessary to explore <br />for materials or to locate pits, quarries artd stockpile areas. In <br />order to ot~tain access to ttre leased premises, and to carry on its <br />operations hereunder, Lessee shall have the right to make use of <br />tlce roadway presently existing on the ]eased premises and shall <br />have the farther right to build such additional roads as may be <br />necessary for the production and removal of materials hereunder. <br />Lessee may erect a plant on the leased premises if it should so <br />desire. Lessee may also erect such buildings and install tnacitinery <br />and egcaipment as may be useful in connection with its operations <br />hereunder. <br />