AGREEMENT OF LEASE from
A. Z. HARMON to
PHILIP R. STANHOPE.
8. D. WALLING,
N"'TORNEY AT LAV
u. 5. "r..u of ,w..
DIrwe': Colcredo
.. OCT 22 1975 t/I.z~
Date mlcrofllmerL .•_ .. .•. Ree~
Ho-,--,-_'-
22 r; - -z.<.
0FraIM No .•••__•••_•••_ •••_~ • _
Doo"...,,' No .••• ~~-'l.L/,Z._.__ ._--,.... __
'l'HlSAGREEMEN'r OF LEASE, lIade an d enUred into thb 25rd day of October, A. D. 1891, by and between A. Z. HARMON of Tin Cup, Colorado, party of the first part, and PHIl,IP R.
STANHOPE, party of the second part, WI TNBSSE'l'H:
That t ro said party of tro first part, for and in
eona Lds r-a t Lon of tm rents, covenants and agreements he re Irr- after e~re8asd to be paid, kept and performed by tbB said party of t ro said second p.art, has leased, let art! demised, and by ths3e presents does leasc, let and demise unto the said party of t m seoond part, t h:l fo11ov ing premisea, to-wit:
All t l:B right. t ttle and interest of tm, party of the first part in and to that portion of the Blue Ridge lode and mining claim, U. S. Survey #203, lying northwesterly of and adjoining the Capitol lode mining a 1alm, end being the West half of satd Blue Ridge lode end mining claim, extending 1500 feet westerly from the dis~overy Shaft thereof; situated in Montana mining dlatriet, County of Clear Creek and State of Colorado.
TO HAVE AND '1'0HOLD, for too purpoa e of mining. for the term of five ye .... rs from this date.
Said party of the Be cond part, f O!' and in coneidera- tlon of tna premises aforesaid, has covenanted, contracted, and agreed, and by trose pr-esen t a doss covenant. contraat and agree with said party of the first part, his heiro, exeoutors, admini.strators, successors or asaigna, to work said prallises
,!11 thorough a Itl. workmanlike mann &1', keeping t l1il same aecurely
timbered in all parts during the term of thls leass; to keep
aecurute aeeount.e , and to render proper am true I$tl1terne:ntu, l10callpanied by voue be r-s , to the said party of thil fil'st part, his agent or attol"tl.ey, showing the amount of all ore taken from said premises and the yield of t he same, and tlll cost of hauling and trsatment, and to 118,Y to said party of tre f 1r'st part his agent or attorney, a8 rental for sai4 premises, as folloW8_ to-wit: TwentY-five dollars ($25) per month, payable IlXInthly, eonme ma ng one year af'ter t hts date, so long as the
party of the seoond part shall renain in possession of said premises under this lease, said party of the second part here- by rsserving the right to terminate thts lease by surrender of
~1e same at any time; said rental so paid is to be applied in part payment of tr.e purehaBe prioe for said prentsee herein- after specif 1ed, in caae t he party of t111 SEI cond part s!:all purohase the aame ,
And said party of tre first part, in consideration
of the pl'em1lles, further agrees to sell and convey tl'e leased premises a cove desel'ibed, to sa1d party of t he second part, or hia &sGigns, upon t hi payment into t l'e Colorado National Bank of Denver, Colorado, for the ol"$dit of said f ill'st party, of the sum of two thousand dollars ($2,000) within five years from t l:ll.s date, less tte sum of aeventY-f1ve dollars ($75) heretofor-a paid to said party of t hi f 1rst part, and loss all amountlilhereafter paid to 3l1id party of tro first 'Part tOl"
rental under this lease, as afol·ellll.id. And, upon t h!l full paYOll&nt of said sum of $2,000 in t he me.nn~n·and wit hin t l:'e
time aforesaid, the deed deposited in said bank by said party
at t m f '!rat part, as ElIl escrow, shall be delivered to the
-2-
pa.rty of t 1'8 second part or hill assigns, au pI' IN idad in t m
escrow conditions deposited with said deed, and signed by said party of t h;t first pa.rt.
Said party of the second part fUrthermore agrees that th9 said party of tm f:lrlllt part, his agent or attorney, tlhall have th e right at an.' I!IIlld all ti mea to ant Ill' upon and descend into ahy and all parts of said prerrdsas, I!IIlld that the
l38.id party of the ae eond part will render to him all the as- sistance in his POWEll' in so doing. Said party of the second part furt'lEll'lllOrE/ agrees that, if he shall disclNer in working said premises any side veins, spurs or feeders, said side veins,spurn or feeders. shall be and remain tm property of the said partoy of the first part.
Said party of the Ge cond part furthermore agrees that in case he fails to commence work on said prendees, as aforesaid, or to work t h9 sarno oontinuously $ld w 1th reasona- ble d:l.l1~nee and in workmanlike manner, or to keep the same securely timbered, or Nnder said ntat,ements, or to pay said rental as aforesaid, or in any respect to keep and fulfill any and all agreem~nt8 herein expressed or implied, then, and in that case, it shall be lawful tor tm aaid party of the first
part, his IlIlJ'lnt or attorney, to declare thia lease void m.d of no effect thereafter, and without pr oeeas of la.w to enter upon and tlJke possession of said premises; am :I.n eueh case, and also at the expiration of this lease by limitation, said party of' t l'B se eond part agrees to 6urrenda r, yield arA deli vert 0
said party of the f~st part hiB heirs. administrators. eX6CU-
-3-
,