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NCWCD PAGE 02/12 <br />RECE1~1~p <br />NORTI-TERN COLORADO WATER CONSERVANCY DISTRIQQQy 0 3 2006 <br />Division of Reclamation, <br />QUARRY LEASE Mining and Safety <br />This Quarry Lease is made and entered into as of Q,,.r4o.• /p , 2004, by and between the <br />Northern Colorado Water Conservancy District, aquasi-municipal entity and political subdivision of the <br />State of Colorado, whose address is 220 Water Avenue, Berthoud, Colorado 80513, hereinafter referred to <br />as Lessor, and Stone Wholesale, Inc., a Colorado corporation, whose address is 4717 West Lakeview Drive, <br />Fort Collins, Colorado 80525, hereinafter referred to as Lessee: <br />WITNESSETH: Lessor, for and in consideration of the sum of five hundred and no/100 Dollars <br />( 50$ 0.001, receipt of which is hereby acknowledged as payment of the first yeaz's rent and in further <br />consideration of Lessee's agreement to pay ($500.00) annually as rental in advance of the anniversary dale <br />of this lease so long as said lease shall remain in effect; and in further consideration of the terms, conditions <br />and agreements herein and of the payments of annual rentals and royalties reserved herein, to be kept and <br />performed by Lessee, its successors and assigns, does hereby lease to Lessee the right and privilege of <br />exploring, prospecting for, developing, mining and taking quarry-rock, boulders. moss rock, rip-rap1and <br />landscape, rock (the "materials") from the lands herein described, situated in the County of Larimer. State <br />of Colorado (the "Leased Premises"}: <br />ACRES SUBDIVISION SEC.TWP.RGE <br />I S W I/2NE 1 /4NEl /4 1-8N-70W <br />containing 15_00 acres, more or less, and shown on attached Exhibit A, together with the right to use as <br />much of the surface as may be reasonably required, the right to make excavations, stockpiles, and other <br />improvements as may be reasonably necessary in the mining and removal of said materials; subject, <br />however, to att existing easements and rights-of--way ofthird parties, and to the rights of surface lessees and <br />surface owners, and further subject to the terms, conditions and agreements set out in this lease. The above- <br />mentionedrights may be exercised in connection with mining on adjacent lands only when mining on such <br />lands is carried on in conjunction with the actual mining of the Leased Premises. The benefits, terms, and <br />obligations of this lease shall extend to and be binding upon the heirs, executors, administrators, successors, <br />and assigns of the respective parties hereto. <br />RESERVING, however, to Lessor: <br />A. All rights and privileges of every kind and nature, except as are herein specifically granted. <br />B. The right to use or lease the Leased Premises or any part thereof at any time for any purpose, <br />including the right to explore and prospect said premises, which use and leasing of said <br />premises shall be for purposes other than and not inconsistent with the rights and privileges <br />herein specifically granted. <br />C. The right to transfer, sell, convey, or dispose of the Leased Premises, in whole or in part. <br />H:IMANGMEN714GREEMN'n2 0 04109-1 D-04 Querry Lease-Stone Wholesale Corporation-FMAl.wpd <br />