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HomeMy WebLinkAbout700310.tiff SIGN URANIUM LEASE, COUNTY #1, TREND EXPLORATION LIMITED: WHEREAS, the Trend Exploration Limited of 600 Capitol Life Center, Denver, Colorado, has presented a Standard Uranium Lease, covering the following tract of land situate in Weld County, Colorado, more particularly described as follows: SE4: Section 14, 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, Friedrich Riekenburg and Esther Riekenburg together with an agreement 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 interests 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 #1, with the Trend Exploration Limited for the heretofore described tract of land, for a period of ten years with 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: /J�l AYES: 2.'(4 4 a'z -9 H BOAR OF COUN Y COMMISSION S WELD COUNTY, COLORADO DATED: August 12, 1970 Le 7 00 310 phis n GLENN K. BILLINGS, 1. , 1 ��fil,(y/ �' CHAIRMAN •'/' , 47 0 RT. 2. BOX 167. GREELEY. COLO. HAROLD W. ANDERSON. CHAIRMAN PRO.TEM OFFICE OF RT. 1, JOHNSTOWN. COLO. BOARD OF COUNTY COMMISSIONERS PHONE 13031 353.2212 MARSHALL H. ANDERSON, EXT. 21. 22. AND 23 MEMBER 2412 8TH AVE.. GREELEY, COLO. J August 12, 1970 Mr. Tom Jordan, President Trend Exploration Limited 600 Capitol Life Center Denver, Colorado Res Weld County Uranium Leases Dear Mr. Jordans Confirming the telephone conversation between your office and our County Attorney, Mr. Samuel S. Islip, regarding Weld County minerals. Please be advised that the uranium leases were again approved this date. Said leases will be processed as soon as possible and returned. Thank you. Yours truly, The Board of County Commissioners Weld County, Colorado Bys Chairman CI 'Y r9j QrgBItlV',9: GLENN K. BILLINGS. ��<, j'�j,® ,�\..6 •yyy CHAIRMAN RT. 2. BOX 167, GREELEY, COLO. T/�j "� �CS!l� HAROLD W. ANDERSON. Li�AIV �P/�/ CHAIRMAN PRO.TEM RT. I. JOHNSTOWN, COLO. OFFICE OF THE WELD COUNTY ATTORNEY SAMUEL S. TELEP COUNTY ATTORNEY MARSHALL H. ANDERSON, !�� PHONE 1303) 352.5132 MEMBER ^�2412 BTX AVE., GREELEY, COLA July 3, 1970 Mr, Tom Jordan, President Trend Exploration Limited 600 Capitol Life Center Denver, Colorado 80203 Re: Weld County Uranium Leases Dear Mr. Jordan: I have for acknowledgment copy of your letter of June 29, 1970 written to the attention of the Board of Weld County Commissioners withdrawing your offer to lease for uranium from Weld County, Colorado. I wish to advise that the content of your letter is noted and we are agreeable to close our files in the matter. For your information, all of the leases were signed June 24, 1970, however, same were not delivered to you and neither were the checks cashed because of the fact that I was out of the country and not present at the meeting of June 24, 1970. In view of the withdrawal of your offer before any notice of our acceptance, we kindly ask you advise at your earliest convenience whether you wish us to proceed in processing the leases or if you desire that same, including your checks, be returned to you. Please let me hear from you. • Very truly yours, Samuel S. Telep County Attorney SST/ew cc Board of Weld County Commi ' ners C TRY 0tt.1%non,•'°343 June 6, 1970 Mr. Samuel Telep Weld County Attorney 220 First National Bank Bldg. Greeley, Colorado Dear Sir: In response to your Certified mail letter. fie did sign a consent to a Uranium Lease from Weld County to Trend Exploration Limited, 600 Capitol Life Center, Denver, Colorado, covering the Sir, Section lit, T9N, R66W, in Weld County of Colorado and we have no objections to - your completing this lease. riederich 4. Nie 'kenberg Esther R efkenberg • GLENN K. BILLINGS, CHAIRMAN FT. 2, BOX 16]. GREELEY, COLD. , V HAROLD W. ANDERSON. �v LflR � a� hJC� CHAIRMAN PRO-TEN RT. I. JOHNSTOWN, COLO. OFFICE OF THE WELD COUNTY ATTORNEY SAMUEL 5 TELEP MARSHALL H. ANDERSON, COUNTY ATTORNEY MEMBER ��p TT L'•4 PHONE 13031 352.St 32 2412 6TH AVE.. GREELEY. COLO. C ,Y\tjau l ��vV��✓.. May 21, 1970 Friederich W. Riekenberg and Esther Riekenberg 2812 - 11th Street Road Greeley, Colorado 80631 Re: Township 9 North, Range 66 West of the 6th P. M, : SEg Sec, 14. Dear Mr. and Mrs. Riekenberg: 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 Friederich W. Riekenberg and Esther Riekenberg, as surface owners of the above-entitled premises, have signed a consent stating in effect that they have no objection to Weld County en- tering 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. V,r ruly y&urs, Samuel S. Telep County Attorney SST:bp Enc. EXHIBIT "A" Attached to and made a part of Uranium Lease dated April 22, 1970 by end 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 to44ceer surface owner 125% of the fair market value as full payment for each acre of surface land (pro rate 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 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 BJl 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 end milling uranium, the roy- alty shall be 5% of the fair market value. Initialled for purpose of identification. TATLOCK'S, Inc. . _ — 1614 Court Place Form JG—LS(Revised 1967) Denver, Colo. 80202 Phone 266-1681 Standard Uranium Lease (Approved) q THIS AGREEMENT OF LEASE, made and entered into this gin : day of rtt ' ' 19 70 by and betweee. nr' by the Board of county Commissioners (whether one or more)of Wel A r �Jty Court Hou e, Greeley, Gatorade hereinafter catled lessors, and Trend Exploration Lit*ited, 600 Capitol Life Center, Denver, Colorado 80203 hereinafter called the lessee: WITNESSETH: That the said lessor, for and in consideration of One Hundred S' cty Dollars, cash in hand paid, the receipt of which Is hereby acknowledged as payment of the initial rental computed at the rate of $1.00 ner-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____Pfe d and State of Colorado , to wit; Township 9 North-Range 66 West, 6th F. Fi. Sec. 14: SEy 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 mining and explora- tion of said premises. ri qq,, IF actual mining operations are not commenced on said land on or before the 22nd day of—.� 1' , 19�, 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 Conyrfinsinners 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 One Hundred Sixty_ r 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 EXHIBIT "A" 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 arising subsequent to the date of assignment. Lessee may at any time surrender this lease in whole or in pan 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 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 suhrogated 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 EXHIBITS "A" and 11B" 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: Boar, of County Commissioners: LESSHE: tel/ 'IGL�� 7 i <t II.F. M. Hulett, Jr., Ag nt a 1 G4 .,���i � S ATTEST: County Clerk and Recorder i EXlil.fi' "a^ 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. STATE OF ) as. COUNTY OF gall ) The foregoing Consent of Surface Owner was acknowledged before me this 2_t.th day of l ,,,; t , 1970, by k'rioderioh 'k. Uiokenberg and author Uiekenbcr,q , My ^ommission expires: 6.4-421.`,/ ,/ August 2, 1970 Notary Public Hello