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HomeMy WebLinkAboutC70-02 Lease with State Board of Land Commissioners for dumping groundL E A S E A G R E E M E N T THIS LEASE AGREEMENT, Made this 1st day of July, 1970, A.D. between the STATE OF COLORADO, actin; by and through the STATE BO U, OF LAND CO 1MISSIONERS, hereinafter called the lessor, and the BOARD OF COUNTY COi,MISSIONERS, EAGLE COUNTY, COLORADO, hereinafter called the lessee: WITNESSETH: That the lessee has made application to the lessor, having control of the lands held by the State of Colorado, for a lease on the surface of 40.00 acres, more or less, of land in Eagle County, described as In the State Subdivision of Tract No. 50 (A subdivision of the Resurvey of Section 16) Township 2 South, Range 83 West, of the 6th Principal Meridian, Eagle County, State of Colorado. The West One-half of Lot M and the East One-half of Lot N (being the resurvey of the SE 4Nrd 4 of said Section 16) containing forty (40) acres, more or less. The lessor hereby agrees to lease the land described herein to the lessee for the purpose of a dump ground, and for no other purpose, subject to the conditions and terms hereinafter set forth: TO HAVE AND TO HOLD the above premises for a term of ten (10) years, from the lst day of July, 1970, to the 1st day of July, 1980. The rental to be'paid to the lessor by the lessee shall be Five Dollars ($5.00) annually, payable on July 1, 1970, and annually in advance thereafter, subject to review and revision at the end of five (5) years from the date this lease is effective. This lease may be extended or renewed, by agreement between the lessor and the lessee for a second ten (10) year period, prior to the date of expiration. The essential purpose and objective of this lease is to insure that the present dump on the land will be eliminated and cleaned up as required by the Colorado Department of Public Health. To implement this purpose and objective the following terms are agreed upon: The lessee agrees to excavate pits at locations designated by the lessor, and to require that all waste and refuse be deposited in said pit. When the first pit is full it is to be covered with the excavation dirt and a new pit opened adjacent to it. As each pit is filled it is to be covered with dirt. Pa . -,e 1 r x The lessee agrees to clean up all trash and refuse on the surface of the i land and to deposit it in the pit. The entire premises are to be kept clean and orderly and in a safe condition at all times, and the lessee hereby under- takes to supervise and control all dumping at this site. The entire operation is to conform to the regulations of the Colorado Department of Public Health. The lessor reserves the right to lease the land described for grazing or other purposes not inconsistent with the exercise of this lease, and the lessee agrees that its operations shall be subject to said lease and so regulated as not to interfere with the privileges, nor endanger the property of the grazing or other lessee. The lessor reserves the right at any time to grant a right-of-way upon, over tp and across said premises for any ditch reservoir, railroad pipeline, Public high- way, h- way, communication line, power line, or other lawful purpose which will not inter- fere with or prevent the continued operation and enjoyment of the use herein granted. The land described herein is not to be used for purposes other than designated herein, and no structures or permanent installations of any kind are to be erected upon the premises. The lessee shall have the right and privilege of ingress and egress over the land to reach the dump site but shall confine its exercise of this right to one roadway. No trees shall be cut and no land disturbed at any location other than the immediate area required for the dump site. v The lessee shall cooperate with the holder of any grazing or other lease on the premises in preventing destruction of private property, in preserving fences, and in keeping all gates closed. It is understood and agreed that the land in this lease is subject to sale as provided by law and that this lease may be cancelled by the lessor upon thirty (30) days notice in the event of such sale. It is also understood and agreed that this lease is subject to cancellation by the lessor upon thirty (30) days notice if and when the lessor determines that a higher and better use should be made of the land, or that the land is required for mining or similar purpose. 0 Page 2 r • The lessee may cancel and terminate the lease at any time that the premises are no longer used as a dump ground. Upon cancellation by the lessor or lessee, according to the provisions above, the lessee shall, within six months of the date of cancellation, cover all trash and refuse and restore the land to a clean and orderly condition. IN WITNESS WHEREOF, The said lessor has caused these presents to be attested to and sealed by its President and Register; and the lessee has hereunto set his hand and seal on this day and year first above written. TIE BOARD OF COUNTY COMMISSIOL ERS LESSEE OF EAGLE COU4TY, COLORADO BY:GHAJ MAN Presid ' t, STAT2 BOARD Off` W'COrMISS,IONERS 3vW' � , , e, �e Register, STATE( i. 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