Laserfiche WebLink
8. ACCESS — Lessee shall have right on ingress and egress to and from the subject premises on <br />roads presently located upon said and roads on adjoining property also owned by Lessee which roads intersect with <br />a county road for that purpose, together with the right to erect temporary structures such as, but not limited to, <br />screening and crushing plants, asphalt plants, and other facilities necessary to remove and process mined materials. <br />FURTHER, Lessee shall have the right to restrict access to the subject premises as to the general public, both to <br />safeguard the operations contemplated upon said premises and for the safety of the general public. The Lessee <br />agrees to install and maintain cattle guards and/or fences at the County Road entrance to the gravel pit. <br />9. NOXIOUS WEED AND TAMARISK CONTROL — Lessee shall spray tamarisk on the property <br />annually. Lessee shall control and eliminate all noxious weeds on the premises. Lessee's obligations hereunder <br />shall continue for an additional 10 -year period after the termination of the lease. <br />10. STOCKPILES — Lessee shall retain title to all materials mined and stockpiled on the premises, <br />and Lessee shall have the privilege of stockpiling materials during the term of this Agreement, and any extension <br />thereof, for a period not to exceed nine months after Lessee's privilege of mining has terminated. All materials not <br />removed within the nine month period shall become the property of Lessor upon the expiration of said period. <br />11. TERMINATION OF LEASE — As hereinabove provided, the initial term of the within lease <br />shall be for a period of five years, with one subsequent renewal terms of five years each being contemplated. In <br />the event that either party shall desire to terminate the within Lease at the expiration of the initial five year lease <br />term, said party shall provide written notice of its intention so to terminate at lease 90 days prior to the expiration <br />date of the then current term. <br />12. BINDING EFFECT — The within lease shall be and become binding upon, and inure to the <br />benefit of the parties hereto, their heirs, personal representatives, successors, and assigns. Any action necessary to <br />construe, interpret, or enforce the provisions of the within agreement shall be brought and maintained in the <br />District Court in and for Bent County, Colorado, with the substantially prevailing party therein being entitled, as a <br />matter of contract law and agreement, to recover its costs and expenses therein incurred, including reasonable <br />attorney and expert witness fees. <br />IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures as of the date and <br />year first above written. <br />Kenneth K. Wagner, Lessor <br />Marie Wagner, Lessor <br />Lessee: <br />CITY OF LAS ANIMAS, COLORADO <br />Lawrence Sena, Mayor <br />ATTEST': <br />ti 1 &, <br />Itottte-t-e-e Lcee-4 <br />