EXHIBIT 10.134
LEASE AND BATCH PLANT AGREEMENT
This Lease and Mining Agreement (the "Lease") is dated June 26, 2000 (the "Lease"), by and between Ready Mix, Inc., a Nevada corporation and Clay R. Oliver d.b.a. Oliver Mining Company ("Oliver)").
RECITALS
A. Oliver owns that certain gravel plant located at 39353 North Schnepf
Road, Queen Creek, Arizona as more particularly described and indicated
on Exhibit A attached hereto (the "Premises").
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B. Oliver desires to lease the Premises to Ready Mix, Inc. and Ready Mix,
Inc. desires to lease the Premises from Oliver for the purpose of
setting, managing and operating a concrete batch plant on the Premises
all upon the terms and conditions hereinafter set forth.
C. The parties desire to enter into this Lease upon the terms and
conditions set forth.
AGREEMENTS
NOW THEREFORE, in consideration of the foregoing and the covenants contained herein, the parties hereto agree as follows:
1. Lease. Oliver hereby leases the Premises to Ready Mix, Inc. and Ready
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Mix, Inc. leases the Premises from Oliver Mining, on the terms and
conditions set forth herein.
2. Term. Lessor does hereby lease and rent to Lessee the above described
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premises for the period of five (5) years commencing July 1, 2000 and
ending June 31, 2005.
a) A five (5) year option is subject to the compliance of the
specifications and conditions of Exhibit B.
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b) The option to extend the Lease for an additional term is subject
to the specifications and conditions of Exhibit C.
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3. Earnest Monies. Lessee shall pay Lessor Five Thousand ($5000) earnest
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monies, non-refundable, upon mutual signing of the Lease. Earnest
monies can be credited against the payment of rent or the minimum
monthly aggregate purchases, if Lessor so deems appropriate.
4. Rent.
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(a) Beginning July 1, 2000, Lessee shall pay rent for the leased
premises as set forth in the schedule attached hereto as Exhibit
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C and by this reference incorporated herein. Lessee shall
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continue to pay monthly rent until the amount of material
surpasses the amount of rent due.
(b) In addition to all of the rents above specified to be paid by
Lessee to Lessor, the Lessee shall pay all taxes or assessments,
if any, levied and assessed upon or against the rents payable
under this Lease.
5. Licenses and Permits. Lessee shall obtain and keep current all
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necessary licenses and permits as deemed necessary by any governmental
entity whether local, state or federal relating to conducting business
on the Premises. If such licenses and/or permits were unattainable,
this Lease would be in default.
6. Possession and Enjoyment.
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(a) Lessor agrees that Lessee, paying the rent and performing the
other terms and conditions of this Lease, may peaceably hold and
enjoy the leased premises during the leased term without any
interruption by Lessor or any person lawfully claiming by,
through or under Lessor. Lessor shall have the right during the
term of this Agreement to enter upon the leased premises during
the normal business hour for the purpose of inspection and
determination of compliance with the mining specifications and
conditions.
(b) Lessee acknowledges that it has examined the premises and knows
the condition thereof and that no representations have been made
as to the condition or state thereof, and Lessee accepts the
premises in its present condition.
7. Business. Lessee shall use the leased premises exclusively for the
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purpose of conduction and operating a concrete batch plant business
and other lawful business in connection therewith. No landfill or
dumping of broken concrete, debris or other material is permitted
under this agreement.
8. Use of Premises. Lessee shall at all times keep and maintain the
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premises in a clean, orderly and sanitary condition, and shall comply
with all environmental rules and regulations. No storage of hazardous
materials is permitted, unless expressly used in the operation of the
concrete batch plant. An area will be established to washou ...
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