HomeMy WebLinkAbout700315.tiff SIGN URANIUM LEASE, COUNTY #8
TREND EXPLORATION LIMITED:
WHEREAS, the Trend Exploration Limited of 600 Capitol Life Center
Denver, Colorado, has presented a Standard Uranium Lease, covering a tract of
land situate in Weld County, Colorado, more particularly described as follows:
SW4: Section 25, Township 8 N. , Range 63 West of the 6th P. M.
S*: Section 33, Township 8 N. , Range 63 West of the 6th P. M.
W2: SEA': Section 35, Township 8 N. , Range 63 West of the 6th P. M. ,
and
WHEREAS, a signed consent of the surface owner, Mrs. Etta H. Ball,
together with an agreement signed by Trend Exploration Limited for payment
of damages to the surface, labeled Exhibit A and B, is hereto attached and
made a part of the lease, and
WHEREAS, the Board believes it to be in the best interest of the
County to sign said lease.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners
of Weld County, Colorado, that it does hereby accept by signing said Uranium Lease,
County #8, with the Trend Exploration Limited for the heretofore described tract
of land, for a period of ten years with a bonus consideration of $1.00 per
mineral acre and delay rental of $1.00 per mineral acre.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote:AYES: ,A� /�citc- in I �.V`!'{/-9
ficilyt-
E OAR F OU COMMISSIONERS
WELD COUNTY, COLORADO
DATED: AUGUST 12, 1970
LE ai ? , 700315
/Y� 63 :57y
TATI.OCK'S, Inc. �'
1614 Court Place
Denver, Colo. 80202 Phone 266-1681
Form JG—LS(Revised 1967)
Standard Uranium Lease(Approved) -- '—'--- _--
THIS AGREEMENT OF LEASE, made and entered into this 2nd day of April , 19 70 ,
by and between
Weld County. Colorado. a political subdivision of the State of Colorado,
by the Board of County Commissioners.
(whether one or more) of C/o Board of County Commissioners. Weld Coun1/2/ Court house. Greeley. Colorado
Trend Lxploration Limited. 600 Canitol Life Center. Denver, Colorado 80203
hereinafter called lessors,and
hereinafter called the lessee;
WITNESSETH: That the said lessor, for and in consideration of Nine Hundred Sixty Dollars,
yll 00
cash in hand paid, the receipt of which is hereby acknowledged as payment of the initial rental computed at the rate of • leased and
per-acre, and of the covenants and agreements hereinafter contained on part of lessee to be paid, kept and performed, has •
granted, demised,
let and by these presents does grant, demise, lease and let exclusively unto the said lessee for the sole and only purpose of exploring, mining and operat-
ing for and taking Uranium, Thorium, Vanadium and other minerals of value that can be removed in the process of mining and milling the same, from
the lands hereinafter described; situate, lying and being in the County of— ..Weld and State of y OlOra( O to wit;
Township 8 North-rcange 63 Hest, 6th P. Ls
Sec. 25: SW*.
4
Sec. 33: sz
Sec. 35: 14, 34
estimated to contain 960 acres, more or less.
It is agreed that this lease shall remain in force for a term of 10 years from this date, referred to as primary term and as long thereafter as the
minerals hereinabove designated or any one of them are being produced in paying quantities from said premises, and the royalty and rents provided
for herein are being paid, subject to the terms hereinafter described, or as long thereafter as the lessee continues to prosecute the mining and explora-
tion r�of said premises. 2nd April Iq (1
IF actual mining operations are not commenced on said land on or before the day of -
this lease shall terminate as to both parties, unless the lessee shall on or before that date pay or tender to the lessor or to the lessor's credit in the
Board of County Commissioners Bank at Greeley. Colorado , or
its successors which shall continue as the depository regardless of changes in the ownership of said land, the sum of
Nine Hundred Sixty- -
dollars, which shall operate as a rental and cover the privilege of deferring actual mining operations for twelve months from said date. In like manner
and upon like payments or tenders, the commencement of actual mining operations may be further deferred for like periods of the same number of
months successively. And it is understood and agreed that the consideration first recited herein, the down payment, covers not only the privilege granted
to the date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and all other rights
conferred.
In consideration of the premises the said lessee covenants and agrees:
To pay lessor an amount equal to percent of the gross mill returns front any and all ores mined from the leased premises, including
_--1_—� _percent of any bonus or premium payments, but not including any portion of the haulage or development allowance. See X sBIT It II
Should production of minerals hereinabove described from the leased premises cease from any cause after the expiration of the primary term this
lease shall not terminate provided lessee continues with due dilligence and good and proper mining and exploratory procedure to regain or restore
production from said land. If such production is restored through any such operations this lease shall continue with the like effect as if there had been
no cessation thereof.
If said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties and
rentals herein provided for shall be paid the said lessor only in the proportion which lessor's interest bears to the whole and undivided fee.
Lessee shall be liable and agrees to pay for all damages to the surface of the land, livestock, growing crops or improvements caused by lessee's
operations on said lands.
Lessee shall have the right to use, free of cost, water produced or found on said land for lessee's operation thereon, except water from the wells
and reservoirs of lessor.
Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises.
All express or implied covenants of this lease shall be subject to all Federal and State Laws, Executive Orders. Rules or Regulations, and this lease
shall not be terminated, in whole or in part, nor lessee held liable in damages for failure to comply therewith, if compliance is prevented by, or if such
failure is the result of any such Law. Order, Rule or Regulation.
If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is expressly allowed, the covenants hereof shall
extend to their heirs, executors, administrators, successors or assigns, but no change in the ownership of the land,or assignments of rental or royalties shall
be binding on the lessee until after the lessee has been furnished with a written transfer or assignment or a true copy thereof; and it is hereby agreed
that in the event this lease shall be assigned as to a part or as to parts of the above described lands and the assignee or assignees of such part or
parts shall fail or make default in the payment of the proportionate part of the rents due from him or them, such default shall not operate to defeat
or affect this lease insofar as it covers a part or parts of said lands upon which the said lessee or any assignee thereof shall make due payment of
said rental. In case lessee assigns this lease, in whole or in part, lessee shall be relieved of all obligations with respect to the assigned portion or portions
a r release of t in the proper f county and shall see thereupon be at any
relieveduooffeaall obligat this lease in whole or in ions hereunder except part
to any mailing
are retained.
Lessor ase to lessor or placing
Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the lessee shall have the right at any time to
redeem for lessor, by payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by lessor, and be
subrogated to the rights of the holder thereof, and the undersigned lessors, for themselves and their heirs, successors, and assigns, hereby surrender
and release all right of dower and homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect
the purposes for which this lease is made, as recited herein.
Lessee agrees to comply with the Colorado Open Cut Land Reclamation Act of 196'9,
which shall be deemed to apply to the mining of Uranium and all work and activities
on the above described lands.
See EXHIBITS "At1 and tlBll attached and made a -,,art hereof.
WITNESS the parties hereto in duplicate the day and year first above written. Held County, Colorado by the
LESSOR: t t d of County Commis' hers
LESSEE:
'"---7-Ha2deViTift . •
Aritt
F. P Hulett, Jr„ Ei;ent
Attest:
County Clerk and Recorder
EXHIBIT "A"
Attached to and made a part of Uranium Lease dated April 2, 1970
by and between Weld County, Colorado, a political subdivision of the State ,
of Colorado, by the Board of County Co.Jissioners
Lessor , and TREND EXPLORATION LIMITED, Lessee .
Notwithstanding anythingto the contrary herein contained, in the
event Lessee destroys or permanently damages the surface of all or
any part of the Leased Premises by removal of said surface in the
course of excavating a mine or by covering said surface with earth,
rock ore or other materials during the course of mining operations
hereunder , then Lessee shall pay or tender to I.ses-ar surface owner
1251: of the fair market value as full payment for each acre of surface
land (pro rata for fractions of an acre) , actually permanently
damaged or destroyed ; provided that if Lessor owns less than the
entire and undivided surface estate , the payments to be made shall
be proportionately reduced and paid to Lessor only in the proportion
that Lessor 's interest bears to the entire undivided surface estate .
For all fissionable materials mined , saved , and removed from Leased
Premises , Lessor reserves and Lessee agrees to pay to Lessor a royalty
based on the gross purchase price as set out below:
SCHEDULE A - SURFACE OR PIT MINING SCHEDULE B - UNDERGROUND MINING
ROYALTY: ROYALTY'
GROSS PURCHASE PRICE PER ROYALTY GROSS PURCHASE PRICE PER ROYALTY
TON (2000#) AT MILL RATE % TON (2000#) AT MILL RATE %
Up TO $ 4 .00 5 $ . 00 TO $14 . 00 5
$ 4 .00 TO 6 .00 5+ 14.00 TO 16 .00 5+
6 .00 TO 8.00 6 16.00 TO 18. 00 6
8 .00 TO 10.00 6+ 18. 00 TO 20. 00 6+
10.00 TO 12 .00 7 20. 00 TO 22 . 00 7
12 .00 TO 14 .00 7+ 22 .00 TO 24 . 00 7+
14 .00 TO 16 .00 8 24 .00 TO 26. 00 8
16 .00 TO 18 .00 8+ 26 .00 TO 28. 00 8+
18 . 00 TO 20.00 9 28 .00 TO 30. 00 9
20.00 TO 22 .00 9+ 30.00 TO 32 . 00 9+
22 .00 TO 24 .00 10 32 . 00 AND UP 10
24 .00 TO 26 .00 10+
26 .00 TO 28 .00 11
28 .00 TO 30.00 11 +
30.00 TO 32 .00 12
32 .00 AND UP 12+
On all other minerals recovered in the process of mining and milling
uranium, the royalty shall be 5% of fair market value .
INIT ALLED FOR PURPOSE OF IDENTIFICATION
EXHIBIT "B"
CONSENT OF SURFS OWNER
For good and adequate consideration, the receipt and sufficiency
of which is hereby acknowledged, the undersigned (whether one or more) owner
of the surface of the land described in the foregoing lease hereby consents .
to the granting of said lease by the Lessor named therein upon and subject
to the terms and conditions therein set forth. The giving of this consent
shall not thereby entitle the undersigned to receive any payments under the
foregoing lease.
IN WITNESS WHEREOF, the undersigned has executed this consent as
of the day and year of the foregoing lease.
Etta H. Ball
STATE OF Colorado )
) es .
COUNTY OF Weld )
The foregoing Consent of Surface Owner was acknowledged before me
this ?nd day of April , 1970, by Etta H. Ball
•
My commission expires: '?
January 29, 1974 Notary Public
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