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HomeMy WebLinkAbout700312.tiff SIGN URANIUM LEASE, COUNTY #4, 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: SET: Section 8, Township 8 North, Range 64 West of the 6th P. M. , containing 160 acres, more or less, and WHEREAS, a signed consent of the surface owners, Jack B. Groves, Dolly E. Groves and Marjorie J. Dillard, 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, of Weld County, Colorado, that l RESOLVED, a s hereby accept by signird of ng a UraniumoLease, County #4, 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: z lf• C kC BOARD OF CO TY COMMISSIONERS DATED: AUGUST 12, 1970 WELD COUNTY, COLORADO S--7 7 700312 June 6, 1970 Mr. Samuel Telep Weld County Attorney 220 First National Bank Bldg. Greeley, Colorado Dear Sir: We did sign a consent to lease the weld County mineral interest under the SF of Section 8, T8N, R64 W1 in Weld County to Trend Exploration Limited, Denver, Colorado. It is agreeable with us to have you complete this lease. Jack B. Groves Dyol3tiy,3roves• Ij rm ie JuanR Dillard GLENN K. BILLINGS, F I 1 ( yp�,)(qq'��6 CHAIRMAN ��_ { I' 1 jr cey Vy'4 j V� RT_ 2. BOX 167. GREELEY, COLO. + + Csk'o ��� HAROLD W. ANDERSON, �4�-���� CHAIRMAN PRO.TEM RT. I. JOHNSTOWN. COLO, OFFICE OF THE WELD COUNTY ATTORNEY SAMUEL S. TELEP MARSHALL H. ANDERSON, COUNTY ATTORNEY MEMBER PHONE f 303] 352.5132 2412 8TH AVE.. GREELEY. COLD. May 21, 1970 Dolly E. Groves and Jack B. Groves Route 2 Eaton, Colorado 80615 Re: Township 8 North, Range 64 West of the 6th P. M. : SE'-I Sec. 8. Dear Mr. and Mrs. Groves: Please be advised that Weld County is in the process of signing a Mineral Lease with Trend Exploration Limited, 600 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 Dolly E. Groves, Marjorie Jean Dillard and Jack B. Groves, as surface owners of the above-entitled pre- mises, have signed a consent stating in effect that they have no objection to Weld County entering into a lease agreement whereby the lessee can explore and mine for said minerals. Although 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. Ver truly yours, Samuel S. Telep County Attorney SST:bp l ,1 nk Enc. B,aala.,e,o GLENN K. BILLINGS, j'�'} ��p�•�61AI n� ��99w�'v CHAIRMAN {e � ....w+, J Vu/„ U� YCC RT_ 2. BOX 167. GREELEY. COLO. , �� I t1F O)clt HAROLD W. ANDERSON. CHAIRMAN PRO.TEM RT. 1. JOHNSTOWN, COLO. OFFICE OF THE WELD COUNTY ATTORNEY SAMUEL S. TELEP COUNTY ATTORNEY MARSHALL H. ANDERSON, PHONE 13031 352.5132 MEMBER 6R i �' .L:.LS Tab 2412 6TH AVE.. GREEi.EY. COLD. May 21, 1970 Marjorie Jean Dillard c/o Dolly E. Groves Route 2 Eaton, Colorado 80615 Re: Township 8 North, Range 64 West of the 6th P. M. : SE-.1- Sec. 8. Dear Mrs. Dillard: Please be advised that Weld County is in the process of signing a Mineral Lease with Trend Exploration Limited, 600 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 owner 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 Dolly E. Groves, Marjorie Jean Dillard and Jack B. Groves, as surface owners of the above-entitled pre- mises, have signed a consent stating in effect that they have no objection to Weld County entering into a lease agreement whereby the lessee can explore and mine for said minerals. Although we have your consent as surface owners, the Board of County Commis- sioners, Weld County, Colorado, has instructed thisoffice 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 ly yp urs, il C Samuel S. Telep County Attorney SST:bp i C" f y Enc. \\\_ A e,Ba!aelov*1 Form JG—LS(Revised 1967) TATLOCK'8 Inc. Denver, Cole 8 4 Court Place 266• Standard Uranium Lease (Approved) 1681 THIS AGREEMENT OF LEASE, made and entered into this a'r h j-2 day of_ he Rt --Le{ , 19_ by and between Weld County, Colorado, a pnl i ti r,al suhdi vi ni nn of the n Colorado.9 by the Board of County Commissioners* (whether one or more)of L.. d O jnt4 C^^• _ae4 r y' Ga radfa hereinafter called lessors,an rtTren_—_� ,' rat j.Ori T'Irn'FHA inn n,._,•a_n hereinafter called the lessee; • �e1'1V`r, (' lnrdfln 80203 WITNESSETH: That the said lessor, for and in consideration of One Hundred Sixty cash in hand paid, the receipt of which is hereby acknowledged as Dollars, per-acre, and of the covenants and agreements hereinafter contained payment of the initial rental computed at the rate of let and by these presents does grant, demise, lease and let exclusively unto the said art of slessee for see to be the skept le a andnd onlyrpurpes, has granted,plgg demised,and leased and operat- ing for and taking Uranium, Thorium, Vanadium and other minerals of value that l can be removed in the process mei of ning andrmillingnthe me, rom the lands hereinafter described; situate, lying and being in the County of_W_eld and Stale of____Se0lorad0 , to wit; • Township 8 North-Range 64 West, 6th P. M. Sec. 8: SE4 estimated to contain 160 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 mini explora- tion f premises. rig and It actual mining operations are not commenced on said land on or before the 25th April p, this lease shall terminate as to both day of lessorl9� parties, unless the lessee shall on or before that date pay or lender to the lessor or to the lessor's credit in the Board of County Commissioners Greeley. Colorado "BRR aL its successors which shall continue as the depository regardless of changes in the ownership of said land,the sum of i xty- -r One Hundred S 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 5 percent of the gross mill returns from any and all ores mined from the leased 5 percent of any bonus or premium Se , including payments, but not including any portion of the haulage or development allowance. See LXriIBIIBIT RAII 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 production from said land. If such production is restored through any such operations this lease shall continue with the like t effect as if B restore here 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 Stale Laws, Executive Orders, Rules or Regulations, and this lease shall not be terminated, in whole or in part, nor lessee held liable in damages fur 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 ex 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 trues hed. f covenants reryof shall d be binding on the ssle until after the ed has been rhad with a written transfer or assignment lands d true copy thereof;ora ign it io hsuchy arteor tart in ale ileventothis m lease shall bees paym t to h partor a to pp rt of the entse uesfr mo and the assignee t no of such part t ora shall sil a make default it in the payment of the ofproportionate pert of the rents due from him or them, such default shall l not operate e defeat affect this lease see as n covers a part owhole pe tso n hair lands usha which the sot lessbli at any ith eee t to of shall mdke due payment of said rental. case lessee ateigns this lease, in er in part, letime shall d be relieved of all obligations in part respect yma to a relassease t e or portions arising s recor i the date r county and a may t any tliev surrender this lease in whole de part to yilpar a release to lessor or placing a release of record in the proper county and shall thereupon be relieved of all obligations hereunder except as to any part retained. Lessor hereby i artµ)gK d69CXp(OEXCOEXXXXXaefaXeleeh tXs1!redeem for lessor, y paymen, any mortgages, taxes or other liens on the above described lands, that he event ofedefault of payment the right at any time to subrogated to the rights of the holder thereof, and the undersigned lessors, for themselves and their heirs, successors, and assigns, and release all right of dower and homestead in the by lessor, and ct the purposes for which this lease is made, as recited herein. es described herein, insofar as said right of dower and homestead myio any ywayrraffect See EXHIBITS "All and IBR attached and made a part 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. WITNESS the parties hereto in duplicate the day and year first above written. Weld County, Colorado, by the �/ LEssoR: Do a •d of County Commissioners: LESSEE`����<<�GGL t • f:.rL^ By: F. H. Hulett, Jr., Agent BY Attest: County Clerk and Recorder Upon the termination of this lease in whole or in part by election or by failure to make payments as aforesaid, lessee or his assigns shall within 30 days release by written instrument the land or portion thereof which said lease terminates, and said notice shall also be sent to the lessor giving the book and page of said lease. It is expressly understood that this lease is subject to and controlled by any law of the State of Colorado now in effect restricting or limiting the powers of Countes or boards of.County Commissioners and provision herein in conflict therewith shall be inoperative and void. EXHIBIT "A" Attached to and made a part of Uranium Lease dated April 25, 1970 by and between Meld 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 Lesaursurface 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 ell 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 53 14.00 to 16.00 53 6.00 to 8.00 6 16.00 to 18.00 6 8.00 to 10.00 63 18.00 to 20.00 63 10.00 to 12.00 7 20.00 to 22.00 7 12.00 to 14.00 73 22.00 to 24.00 73 14.00 to 16.00 8 24.00 to 26.00 8 16.00 to 18.00 B} 26.00 to 28.00 83 18.00 to 20.00 9 28.00 to 30.00 9 20.00 to 22.00 93 30.00 to 32.00 93 22.00 to 24.00 10 32.00 and up 10 24.00 to 26.00 103 26.00 to 28.00 11 28.00 to 30.00 113 30.00 to 32.00 12 32.00 and up 123 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. • CONSENT OF SURFACE OWNER For good and adequate consideration, thn 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. • _ STATE OF ) ) ss. COUNTY OF ) 4 • The foregoing Consent of Surface Owner was acknowledged before me this day of , 197O, by • My commission expires: Notary Public Hello