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HomeMy WebLinkAbout700309.tiff SIGN URANIUM LEASE, COUNTY #6 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: NE4: Section 12, Township 9 North, Range 66 West of the 6th P. M. , containing 160 acres, more or less, and WHEREAS, a signed consent of the surface owners, M. H. and A. Evelyn Harden, 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 #6, 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: �l ¢2.4c� / ' .,,e r!{�/t, / i / 2 THE BO C ISSIONERS WELD COUNTY, COLORADO DATED: AUGUST 12, 1970 / II t I7&, 700309 gI ,J;; 5 71 I\ ,s GLENN K. SILL:NGS, \ wws CHAIRMAN to r -�' .33.--) �� 3 ,L'// RT. 2. DO% 157. GREELEY. COLO. CI } HAROLD W. ANDERSON. CHAIRMAN PRO.TE.M RT. 1. JOHNSTOWN. COLO. OFFICE OF THE WELD COUNTY ATTORNEY SAMUEL s. TELF_P COUNTY ATTORNEY MARSHALL H. ANDERSON, PHONE r303, 3525152 MEM3ER 24:2 5TH AVE.. GREELEY_ COLO. \3-,51'3,.......-_-_-_,,...,,. .-.../.:, May 21, 1970 M. H. Harden and A. Evelyn Harden Route 1 Nunn, Colorado 80648 Re: Township 9 North, Range 66 West of the 6th P. M. : NE4 Sec. 12. Dear Mr. and Mrs. Harden: Please be advised that Weld County is in the process of signing a Mineral Lease with Trend Exploration Limited 603 Capitol Life Center, Denver, Colorado, whereby said lessee will cause, by exploration of your premises, to try and lo- cate uranium, thorium, vanadium and other minerals of value that can be re- moved in the process of mining and milling the same from the above-mentioned lands. As you probably know, Weld County owns the minerals underneath the surface of these lands and before it enters into any lease, it wishes to know whe- ther you have any objections. Weld County feels that you as the surface owners certainly do have something to say about what will or may happen to the surface of the lands involved. We have on file in the office, an instrument whereby M. H. Harden and A. Evelyn Harden, as surface owners of the above-entitled premises, have signed a consent stating in effect that they have no objection to Weld County entering into a lease agr,m—„ent whereby the lessee can explore and mine for said minerals. i.lthaugh we have your consent as surface owners, the Board of County Commis- sioners, Weld County, Colorado, has instructed this office to obtain a personal response from you regarding your feelings in the matter and whether you have any objections to Weld County entering into such leases. Your early reply will be greatly appreciated. For ready reference, I attach herewith a stamped, self-addressed envelope for your convenience in replying. Very truly your 7><'- Samuel S. Telep County Attorney SST:bp � \ Enc. �i ")°;;,: ;.-.,-0,-,;',o, L.) Lay 2,,, 1970 6Dnuei S. Telep Count:r Attorney Greeley, Colo. 1er•r %:r. Tclop: Since in your el : .co e.I.t3rdc`_7 L .1 . discuzs:r.i,, .. 'v:i -rou the; mineral rights ..eld Co. O::ns in t'fe N.L. _ ef Sec. 12,`2.9, 11.66. T-lis we do understand the Co. owns the mineral ri...; ts, but we do own the surface ri Ots area should be censi( fcd then the Co. lets a lease wit.t the Trend Lx )loration Ltd. as we fool it was in a fradulence manner in _;ettinii our consent in VI:: rdanner j.r .Alvin Lai ser, A ;ent took to :_,ot it,J Jhen we were to have si.:ncc our lease. Instead it evic. entially consent riven to the County. .:o do have cattle on t'ais Section is Grass 1rnr: and-snit �oc:uesi; t:z: t all ?precautions be taken if test hol s ire made on the geld Count r .ns the minerals on. If it should be a rcinin ; operation s considered than we object to our property be torn up in any way, and b:;fore mining equipment is moved in on the ,field County Iv.. 4 ao rill del.and a considerable lum. sun of money in cash before movint; on to property . The sum of eo.0 ?0.00 y L.uebanu and I have ;aId taxes on this 7property miry rears and :;e will be payin taxes stre ^ftt;i' . t '.s c .��_.�: roc: b-� Res ectfu'.ly :ours t-7 4,141 TATLOCK'S, Inc. - 1614 Court Place Denver, Colo. 80202 Phone 266-1681 Form JG—LS(Revised 1967) _.. Standard Uranium Lease (Approved) _ -- r� —-- h/ day of _ *-L 19 70 THIS AGREEMENT OF LEASE, made and entered into this — t,atG �'f Colorado. ..r(, t rt Count? ColorF'-�'�o. L.n T1n) i t.-,c;l : p 'i vi,^,inn n' t-, by and between • 0 1 Ccra,t, C^ rr-ic;i.oners r 1 I Co _ tut r Co' rt `lose, urccl ey, Colorado (whether one or more) of - ^ rnr',.1 lnr7t_nn Iir. te:d, G00 Ca-'+ l life Set*ter, Denver, Ccicradn °oJrPr'0 hereinafter called lessors,and _ hereinafter called the lessee; ( .. 'r..red �i�-��' Dollars, WITNESSETH: That the said lessor, for and in consideration of 'Inc"f -- . ;11s^� cash in hand paid, the receipt of which is hereby acknowledged as payment of the initial rental computed at the rate of hof granted, demised, leased end net-acre, and of the covenants and agreements hereinafter contained on part of lessee to be paid, kept and performed, mining and d let and by ake presents does iu ,Vanadiumlease andand other minerals of unto valuethe thatsaid can be removed sole and h proce purpose mining exploring, drimilling the same, from operat- ing for and taking Uranium, Thorium, the lands hereinafter described; situate, lying and being in the County of_ told and State of_ Colorado , to wit; A, - _ /t, LJ .,1.1.1 1�� i_.^_ o'�r.^r ;E. a .Cu,. o kJ/tit', Pe r.• 160 acres,to contain 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 produceed ir n long paying thereafes ter from said continuses,es Land the prosecute mining ents provided for herein are being paid, subject to the terms hereinafter described, explora- tion of said premises. 2bet`: cot-ii 19 71 If actual mining operations are not commenced on said land on or before the day of the lessee shall on or before that date pay or tender to the lessor or to the lessor's credit in the this lease shall terminate as to both parties,r unless Lire l o; , u�ln^ siC , or 9o^rd of Salmi irTsi -icncrs _ 9antrae One H.indred Sixty— — its successors which shall continue as the depository regardless of changes in the ownership of said land,the sum of ' 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 n periods of fl then ameilege gb r of months successively. And it is understood and agreed that the consideration first recited herein, the down payment, ed 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 from any and all ores mined from the leased premises, including r ',ee Tin nnn percent of any bonus or premium payments, but not including any portion of the haulage or development allowance. 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. s All be e implied covenants h leaors in f this part, nor lesseeheld be ubject liableto damages Federal forand f failure Slate toLaws, complyExecutive therewith. if Orders, o compliance is is prevented by,and or this if lease such shall u not h resltterminated,finin c 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 he rental arts hereof shall royalties shall extend to their heirs, executors, administrators, successors or assigns. but no change in the ownership of the land,or assignments ro 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 pan 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 ment of or affect this. Inlease insofar se as it covers a part i whole e o i sair l lessee s shall be rel evedon which the said lessee or of all obligationsywithi respect to thenee thereof ahall assignedke due portion or portions axis ten case lessee ateigns this lease, in er in part, arising a recor i the date r county hall may at any time surrender this lease in whole or in e part to yilpar a release no lessor or placing a release of record in the proper county and shall thereupon he relieved of all obligations hereunder except as to any part retained. 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 heir.s, 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. See LX.ITTJ.T5 "A," and "]'° attached and •rirde a cart hereto. Lessee agrees to comply with the Colorado Open Cut Land Reclamation Act of 1969, which shall be deemed to apply to the mining of Uranium and to all activities on the above described land. '..-..cad Ccun:.;, Colorado, by the WITNESS the parties hereto in duplicate the day and year first above written. -J(;)7: . Of County nohir.13Sioncf S. LESSOR: LESSEE;__ 7 4:1'.11" -Ye.. /e.L,GC--C' i'f: �/ �"� �/'.� ,c _ eft, Jr., �'ct y�; / � ��L�, V ( � - tten,t: 1.',;a (-;I1 :k.cor'rer EXHIBIT "A" Attached to and made a part of Uranium Leese dated April 24, 1970 by and between Weld County, Colorado Lessor, and TREND EXPLORATION LIMITED, Lessee. Notwithstanding anything to 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 Lessor the surface owner 125% of the fair market value as full payment for each acre of surface land (pro rata for fractions of an acre), act- ually permanently damaged or destroyed, or permanently isolated from other pasturelands or water; 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 re- serves 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 ROYALTY: SCHEDULE B - UNDERGROUND MINING 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 54 14.00 to 16.00 54 6.00 to 8.00 6 16.00 to 18.00 6 8.00 to 10.00 64 18.00 to 20.00 64 10.00 to 12.00 7 20.00 to 22.00 7 12.00 to 14.00 74 22.00 to 24.00 73 14.00 to 16.00 8 24.00 to 26.00 8 16.00 to 18.00 84 26.00 to 28.00 84 18.00 to 20.00 9 28.00 to 30.00 9 20.00 to 22.00 94 30.00 to 32.00 94 22.00 to 24.00 10 32.00 and up 10 24.00 to 26.00 104 26.00 to 28.00 11 28.00 to 30.00 114 30.00 to 32.00 12 32.00 and up 124 On all other minerals recovered in the process of mining and milling uranium, the roy- alty shall be 5% of the fair market value. Initialled for purpose of identification. 7 IB .T "B" : To be attached to and made a part of Uranium Lease covering the N , Section 12, Township 9 North, Range 66 West, of otli P.M., in Weld County of Colorado. CONSENT OF SURFACE 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. ;.. `. Harden A. E rc1yn iarden STATE OF COLORADO ) ) ss . COUNTY OF JELL ) The foregoing Consent of Surface Owner was acknowledged before me this 24th day of April , 1970, by M.H. :Harden and A. Evelyn Harden, husband and wife, My commission expires : August 2, 1970 Notary Public P Hello