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2011-04-29_PERMIT FILE - M2011001 (18)
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2011-04-29_PERMIT FILE - M2011001 (18)
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Last modified
8/24/2016 4:33:00 PM
Creation date
5/9/2011 11:44:50 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2011001
IBM Index Class Name
PERMIT FILE
Doc Date
4/29/2011
Doc Name
Adequacy Review Response- Ex. 11- Lease Agreement
From
Tetra Tech
To
DRMS
Media Type
D
Archive
No
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If to the Company: <br />Lafarge West, Inc. <br />Land Department <br />1400 West 54'" Ave. <br />Denver, Colorado 80221 <br />If to Lessor: <br />Jeanne and Timothy Iverson <br />5011 F Street <br />Greeley, Colorado 80531 <br />22. Condemnation. If the whole or any part of the Property shall betaken by any public <br />authority under the power of eminent domain at any time during the term of this Lease, Le' ssor and <br />the Company shall each be entitled to share in the award to the extent of their respective interests in <br />the Property with respect to any taking. In the event only a portion of the Property is taken, and if <br />notwithstanding such taking the Company will be able to continue to conduct its business in the <br />remainder of the Property in substantially the manner it was being conducted immediately prior to <br />such taking, this Lease shall cease only as to the part taken. If, however, by reason of the <br />condemnation there is not sufficient property left in or upon the Property for the Company to conduct <br />its business in substantially the manner in which it was being conducted immediately prior to such <br />taking, then and in such event this Lease shall terminate. All condemnation awards on account ofthe <br />interest of the Lessor shall be paid to the Lessor and all awards on account of Company's leasehold <br />interest shall be paid to Company. The allocation of any lump sum award for any taking-between <br />,Lessor and Company shall be made by agreement between them, ifpossible, or if the parties cannot <br />agree, then by arbitration pursuant to Rules of the Ambrican Arbitration Association, taking into <br />account (i) the value of Lessor's interest in the property affected by such taking and under this Lease, <br />and (ii) the value of Company's interest therein under the Lease. <br />23. 'Non-Business Day Deadlines. If a date for notice, performance or payment falls on a <br />holiday or weekend, the time for performance or payment shall be extended to the next business day, <br />and if notice, performance or payment has occurred on such weekend or holiday or after 5:00 p.m. on <br />any business day, it shall be deemed to have occurred on the next business day. <br />24. Confidentiality, Recording. The parties agree that the terms and conditions of this <br />Lease are confidential and shall not be disclosed to any third party without the consent of the other. <br />Neither party shall record this Lease without the consent of the other. The parties agree to execute a <br />short form lease for recording to provide record notice ofthis Lease without disclosing the economic <br />terms hereof. <br />-12-
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