HomeMy WebLinkAbout700316.tiff -HlE S 6
SIGN URANIUM LEASE, COUNTY #3,
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:
LsEa, SE-1NWk: S*NE4: Section 30, Township 9 North, Range 64 West
of the 6th P. M. , containing 160.34 acres, more or less,
and
WHEREAS, a signed consent of the surface owner ,Bryce K. Bowman,
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 a Uranium Lease
County #3, 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: 41:77,,a4.- /js���rQ
K-1 -2/
T AR OF COU COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 12, 1970
700316
June 6, 1970
Mr. Samuel S. Telep
Weld County Attorney
Greeley, Colorado
Dear Sir:
I signed a consent to lease the Weld County mineral
interest under the S Ni of Section 30, T9N, R6 W,, in
Weld County to Trend Exploration Limited, Denver, Colo.
It is agreeable to me for you to complete this lease.
r f .. Botirna.n
T
GLENN K BILLINGS, 4 1 5Y e tiy17�, �Ir/hhJW�/�.^..j
CHAIRMAN L-� ¢� ll " ��-u.®Wr '� L'V RT. 2, BOX 167, GREELEY, COLO. \1 7 4� "`) n\ //�yVy�°•/1
�,ti
HAROLD ANDERSON.
CHAIRMAN PRO.TEM
RT. I, JOHNSTOWN, COLO. OFFICE OF THE WELD COUNTY ATTORNEY SAMUEL s. TELEP
COUNTY ATTORNEY
MARSHALL H. ANDERSON.
���`f��y PHONE 13031 352.5132
24IMEM 6TH AVE., GREELEY, COLO. ti41,nd :cie,s,
May 21, 1970
Mr. Bryce K. Bowman
Rt. 1, Box 343
Ault, Colorado 80610
Re: Township 9 North, Range 64 West of the 6th P. M. : Lot 2, SEI-NW 4,
SzNE, Sec. 30.
Dear Mr. Bowman:
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 Bryce K. Bowman, as sur-
face owner of the above-entitled premises, has signed a consent stating in effect
that he has 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 owner, 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 yours,
cL
Samuel S. Telep
County Attorney
SST:bp
Enc. j Ci "f: d`I ij
0.1,;;;.,;(we')
— TATLOCK'S, Inc.
- —" — 1614 Court Place
Form JG—LS(Revised 1961) Denver, Colo. 80202 Phone 266-1681
Standard Uranium Lease (Approved) +
THIS AGREEMENT OF LEASE, made and entered into this /te rd day of ;1 19�,
by and between 1'2'01 CI Cd'Pnj';, CrInr„ o, r `Lilt-1 C6( I ;[:nejtzlr'ie ri Ol' the ij-.atr • dolor,dr,
by t e orrd o'' county t')nrmtl e,,gi cynrn
(whether one or more)of 7,1OCount _ CO r . .011 Fe, r,rerl c T , Cril nrnrin
hereinafter called lessors,and.:re-::i T.. -lcralot Tf:-; 1`ea, Li - Cr,;; '661 T.; i-e Center, Denver, Colorado 80203
hereinafter called the lessee; �. p)�
WITNESSETH: That the said lessor, for and in consideration of One Hundred Sixty and - - 34/100- - - - Dollars,
cash in hand paid, the receipt of which is hereby acknowledged as payment of the initial rental computed at the rate of As U0
oer-acre, and of the covenants and agreements hereinafter contained on part of lessee to be paid, kept and performed, has granted, demised, leased and
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_— C'-1- and State of—COlOi'3do , to wit;
1O' t Lj;._? "O111. " _O Ji „cL', IL 1 • n..•
,eC• 30: 1Ot 2, 3L,Lvl.fri0 6)21+15'-
estimated to contain 160.34 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 of said premises.
�3ra i
IF actual mining operations are not commenced on said land on or before the day of April , l9 7 ,
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 Coi:inissioners Bank at Greeley, Colorado p , or
6003
its successors which shall continue as the depository regardless of changes in the ownership of said land,the sum of_ $1 ,
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 premises, including
5 percent of any bonus or premium payments, but not including any portion of the haulage or development allowance. See a:ir+li>l1 "Ali
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 irovided lessee continues with due dilligence and good and proper mining and exploratory procedure to regain or restore
production from said Ian 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 pan 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 pan 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
arising subsequent to the date of assignment. Lessee may at any time surrender this lease in whole or in part by mailing 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)6207 (Q(J(0W101)CS6XDfJOQ(CosaXID(ntonar imxin9Lpi9oten ryl�(am} agrees that the lessee shall have the right at any time to
redeem for lessor, by payment, any mortgages, taxes or oth Te
ns en e s on the abov"""ifescribed-linds, 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.
See 3 X ,? ITS IIAB and 111' attached and slide a : .;••t 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 actkvities on
the above described land.
WITNESS the parties hereto In duplicate the day and year first above written. Weld County, Colorado, by the
LESSOR: Board of County Commissioners:
LESSEE: By: t`!'a�c_ � �
F. "i. dulett, Jr., A rent a ,e_______---
Attest:
County Cleric 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 23, 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 Laasar 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 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 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 74
14.00 to 16.00 8 24.00 to 26.00 8
16.00 to 18.00 8} 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 ell 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.
_04
•
•
Lxni.ijit "B"
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.
J Hryce it. Bowman
•
•
STATE OF COLORADO )
) ss.
COUNTY OF WLLD )
The foregoing Consent of Surface Owner was acknowledged before me
this ?3rd day of April , 1970, by Bryce K. Bowman
r
My commission expires ! January 29, 1974 �-
Notary Public F. M. Hulett, Jr,
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