2013-06-17_PERMIT FILE - M2013018

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This LEASE, made in duplicate, this _28th_ day of December , 2012, by and between Janyce Harms_, herinafter LESSOR, and PINE BLUFFS GRAVEL and EXCAVATING, Inc, hereinafter, LESSEE. 1. LEASED PREMISES AND TERM LESSOR, in consideration of the rents, covenants and agreements of LESSEE, hereinafter set forth, and in consideration of each and every act to be done by the parties hereto, does by these presents exclusively let, lease and rent to LESSEE for a term of five (5) years from the date of this LEASE or until terminated as herein provided, a certain tract of land described as follows: Section 34, township 11 North, range 58 West, 6m principle meridian, Weld County Colorado, hereinafter referred to as PREMISES, for the purpose of mining and storing dirt, sand, gravel, and rock, hereinafter MATERIAL. The LESSEE shall have the right to extend this LEASE for an additional term of five (5) years by giving the LESSOR a written notice of such extension sixty (60) days previous to the expiration of the original five year term of this LEASE. 2. LESSOR'S WARRANTIES LESSOR warrants that she has marketable title to the PREMISES and authority to enter into this LEASE and so dispose of the MATERIAL deposits located on the PREMISES. 3. LESSOR'S COVENANTS LESSOR agrees LESSEE may obtain a Title Search on the PREMISES. If the title search show there is a mortgage on the PREMISES, LESSOR shall Punish to the LESSEE a copy of the mortgage and agrees to obtain a signed mortgagee's waiver of royalty payments, or in lieu thereof, written instructions from the mortgagee and LESSOR for payment of the royalty. 4. LESSEE'S USE OF THE PREMISES ' LESSEE shall have the exclusive right and authority to go upon said PREMISES with its employees, trucks and machinery and such other dquipment as may be necessary for the purpose of mining and removing from the PREMISES all MATERIAL as LESSEE may desire. LESSEE, shall have full and complete access to any sand, gravel, and rock pits over and across the PREMISES of the LESSOR, including the right of ingress and egress thereto and therefrom for only those activities directly related to the mining of aggregate materials from the PREMISES. LESSEE shall have the further right, if it so desires, to erect and maintain on PREMISES, at its own cost and expense, such machinery and equipment as it shall deem necessary for the proper and economical working of said pit or pits and the removal of MATERIAL therefrom. LESSEE shall have the right to remove, if necessary, and where LESSEE may consider advisable, any soil, waste sand or overburden from such MATERIAL and to deposit the same on PREMISES. 5. ENVIRONMENTAL CARE OF PREMISES