STATE OF WYOMING
BOARD OF LAND COMMISSIONERS
SAND AND GRAVEL LEASE
1. THIS MEMORANDUM OF AGREEMENT, is entered into this 1st day of May 1996 by
and between the State of Wyoming, Board of Land Commissioners, as LESSOR,
and Big Horn Redi Mix as LESSEE.
2. The LESSOR hereby grants unto LESSEE, its successors, or assigns, authority
to explore for, extract, and remove sand and gravel from the following
described land, to-wit:
40 Acres in E1/2E1/2NW1/4NE1/4: W1/2NW1/4SE1/4NE1/4: W1/2W1/2E1/2NE1/4NE1/4
Section 16-T53N- R101W 6th P.M. Park County, Wyoming
3. The term of this lease shall be two (2) years, commencing on the 5th day of
May 1996.
4. In consideration for the grant of this lease, LESSEE agrees to pay the
LESSOR royalties at the rate of fifty cents (50(cent)) per ton for all sand
and gravel removed by LESSEE under the terms of this lease. LESSOR reserves
the right to increase the royalty rate during the term of this lease.
5. LESSEE shall have the right to enter upon and use so much of the surface of
lease premises as is necessary and incidental to the exploration,
extraction, and removal performed by LESSEE under this lease, provided that
the LESSEE shall fully protect the rights of all lessees under agricultural
or grazing leases, which are in effect, or shall be hereafter granted by
LESSOR, for the same land as is the subject of this lease. LESSEE further
agrees to:
a. Fence the pit from which the sand and gravel is removed, erect and
keep closed gates in all fences in which openings may be made, close
and keep covered all holes or open cuts for the protection of stock
grazing on the premises;
b. Avoid and prevent the contamination of any living water upon the land;
c. Fully indemnify any tenant, lessee, purchaser, or other person holding
under the LESSOR, should LESSEE or any person holding from, by, or
under the LESSEE destroy or injure any crop, building, or other
property or improvement on lease premises, in a sum as may be mutually
agreed upon by the parties, or if agreement is not reached, by the
LESSOR;
d. Comply fully with the Wyoming Weed and Pest Act, W.S. 11-5-102
et.seq., in regard to control of noxious weeds.
e. Hold the LESSOR harmless from any responsibility for any and all
claims for damages whatsoever which may be incurred by reason of the
action of the LESSOR in the granting of this lease.
6. LESSEE further covenants and agrees to submit quarterly reports verified
under oath showing the number of tons of sand and gravel removed during
each three month period which reports the LESSEE agrees to render and
transmit to the State Land & Farm Loan Office, Cheyenne, Wyoming, on or
before the twentieth (20th) day of each month following the period covered,
such reports to be rendered whether or not there was any borrow material
removed from the land.
7. LESSEE further covenants and agrees that it will fully pay, when they fall
due, all bills for machinery, lumber, timber and other materials, all wages
for labor, and all other demands caused by its operations hereunder on said
described land, so that no laborers' or other mechanics' liens,
attachments, or liens of any character shall arise against said land.
8. It is expressly understood and agreed by and between the signatory parties,
their successors or assigns, that if default shall be made in any of the
covenants and agreements herein contained, to be kept and performed by
LESSEE, its successors or assigns, the LESSOR shall serve notice in writing
on the LESSEE, either by personal service or by registered mail of such
default, and if the said LESSEE shall fail to perform the covenants and
agreements of this lease so defaulted in within thirty days from the date
said notice is served personally, or from the date said notice is mailed by
registered mail, then the LESSOR may declare this lease canceled and
re-enter into the premises or any part thereof; and in case of default in
and of any of the covenants or agreements herein contained, by the LESSEE,
upon thirty days notice by the LESSOR to the LESSEE that this lease has
been declared canceled, the LESSEE hereby agrees to surrender the peaceful
and uninterrupted possession of the premises to the LESSOR; and that
neither the LESSEE nor its legal representatives, nor assigns will permit
any loss, or permit or cause to be permitted any waste or destruction in,
to or upon said premises or any part thereof, nor remove any improvements
placed thereon without the consent of the LESSOR.
9. It is expressly understood and agreed by and between the signatory parties,
their successors or assigns that the lease premises shall be maintained in
a condition acceptable to the LESSOR at all time, and further, the LESSEE
agrees to comply fully with the Wyoming Environmental Quality Act, W.S. 35-
11-101 et.seq., and that the obligation for reclamation to a condition
acceptable under said act, and to the LESSOR for any land disturbance by
the LESSEE, will be the sole responsibility of the LESSEE. LESSEE agrees to
indemnify the LESSOR for any costs arising out of a default by the LESSEE
under this paragraph.
10. It is expressly understood and agreed by and between the signatory parties
hereto that no assignment of this lease shall be made by the LESSEE except
with the consent and approval of the LESSOR.
11. It is expressly understood and agreed by and between the signatory parties,
their successors or assigns that this lease is to be construed under the
provisions of the laws of the State of Wyoming; and at the expiration of
this lease by limitation, forfeiture or otherwise, the LESSEE agrees to
remove all improvements from the land described herein without cost to the
LESSOR.
12. It is further understood that this lease is issued subject to rescindment
and termination at the option of LESSOR if the lease premises are offered
for sale.
STATE OF WYOMING
Board of Land Commissioners
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Director, State Land & Farm Loan Office
Secretary for the Board
LESSEE: BIG HORN REDI MIX
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Witness By
EXAMINED:
Approved by Board:
