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2013-12-12_REVISION - C1982056
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2013-12-12_REVISION - C1982056
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Entry Properties
Last modified
8/24/2016 5:38:02 PM
Creation date
12/12/2013 10:16:32 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
Revision
Doc Date
12/12/2013
Doc Name
Ashley Agreement (Emailed)
From
Jerry Nettleton
To
DRMS
Type & Sequence
MR272
Email Name
JDM
DIH
Media Type
D
Archive
No
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premises one (1) month prior to the actual commencement of underground <br />longwall mining operations by Cyprus. In return, Cyprus agrees to: <br />(i) Pay Surface Owner an amount not to exceed the then current monthly <br />rental being charged by Surface Owner as reimbursement for the loss <br />of rental income during the period in which the house is being <br />undermined by Cyprus and continuing thereafter until such time as <br />Cyprus determines that the house may be reoccupied or this Agreement <br />terminates, whichever occurs first; <br />(ii) Make a reasonable effort to locate suitable substitute housing for <br />Surface Owner's tenant(s) similar to Surface Owner's house, if possible; <br />and <br />(iii) Pay directly to Surface Owner's tenant(s) an amount equal to the <br />monthly rental only of the substitute housing unless and until Surface <br />Owners tenant(s) vacate the substitute housing or fail or refuse to <br />return to Surface Owner's house after Cyprus determines that it may be <br />reoccupied or this Agreement terminates, whichever occurs first. <br />Surface Owner's tenant(s) shall be responsible for the acquisition and <br />payment of renter's insurance and all utilities, including telephone, trash <br />collection services and water utilized by Surface Owner's tenant(s). <br />1; <br />a. Cyprus, its employees, agents, licensees, invitees, contractors, <br />subcontractors, successors and assigns have the right and privilege to <br />enter upon, through, under, over and across the Lands, together with the <br />right to construct, maintain and use on or within the Lands all structures, <br />equipment or facilities which may be necessary to support Cyprus' activities <br />on and under the Lands for the purpose of: r) grazinglpasturing of animals <br />and haying with the specific restriction that Cyprus shall not plant or grow <br />wheat on said lands; Q subsiding the surface of the Lands and any and all <br />structures located in, on or under the surface of the Lands; (iii? the making <br />of repairs to the surface of said lands and any and all structures, Including <br />water wells and septic systems, located in, on or under the surface of the <br />Lands, as may be needed or required and which islare a direct result of <br />subsidence due to the underground mining operations of Cyprus; (iv) <br />prohibiting the construction or placement of dwellings and occupancy <br />thereof, wells and septic system within the boundary of the Lands from the <br />effective date of this Agreement and for a period of one (f) year after the <br />cessation of longwag equipment operation undemeath the Lands; (v) <br />surveying; NO conducting environmental studies as Cyprus may desire, <br />including, but not limited to, vegetation and soil sampling and mapping, <br />hydrologic investigations, cultural resources survey and mitigation (if <br />necessary), engineering studies and geologic studisslinvastigatfons, <br />cosubsid.006fkg - 3 - <br />
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