2015-09-17_PERMIT FILE - C1984065 ‎(3)‎

• Permit No: C1984065
• IBM Index Class Name: Permit File
• Doc Date: 9/17/2015
• Section_Exhibit Name: 4.0 Exhibit and Figures
• Media Type: D
• Archive: No

PERMISSION TO SUBLEASE
TIfIS AGREEMENT, Made and entered into this 15th day of August, 1990, by and
between RIO GRANDE LAND COMPANY, a corporation of the State of Colorado, hereinafter
called "Lessor", party of the first part; and THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, Mailing Address: P.0. Box 5482, Denver, Colorado 80217,
hereinafter called "Lessee", party of the second part; and NEW CASTLE ENERGY
CORPORATION, a Colorado corporation, Mailing Address: 7476 East Arkansas Avenue,
N 104; Denver, Colorado 80231-2562, hereinafter called "Sublessee," party of the
third part.
WITNESSETH:
WHEREAS, By Lease dated May 17, 1982 designated in the records of the Lessor
as Lease Number 17823, the Lessor leased to the Lessee, effective May 1, 1982,
certain premises of the Lessor at Clough Industrial Park, Garfield County, Colorado,
and being more specifically described in said Lease, to be used as a site for
general railroad business. The Lessee desires to sublease a portion of the premises
covered by said Lease to the Sublessee and Lessee and Sublessee desire Lessor s
consent thereto, which the Lessor Ss willing to give on the following terms and
conditions.
NOW, THEREFORE, 1t is mutually agreed by and between the parties hereto as
follows:
• Section 1. The Lessor hereby consents to the subleasing of a portion of the
premises of the Lessor covered by said Lease Number 17823 dated May 17, 1482,
subJect to the following terms and conditions:
(a) All the covenants and terms and conditions of said Lease No. 17823,
dated May 17, 1982. by which the Lessee holds its leasehold tenure
of said premises shall continue, be and remain in full force and
effect; and the Sublessee, with respect thereto, covenants and agrees
to and with the Lessee and the Lessor Jointly and severally:
(1) To keep and perform the obligations of said Leaso on the part
of the Lessee to be kept and performed and to be bound in
the same manner as the Lessee by the provisions contained
in said Lease, except payment of rental but nothing herein
contained shall be deemed to release the Lessee from keeping
and performing all the terms, covenants and conditions by
the said Lessee, or to release Lessee from any of the
Lessee's liabilities or obligations thereunder.
(b) Sublessee will use the subleased premises only for the storage of coal,
and loading of the coal into rail cars for shipment.
(c) The Lessee and the Sublessee shall be privileged to make such further
covenants between themselves respecting the improvements on the
premises herein subleased as shall not be inconsistent with said Lease
No. 17823.
Section 2. The parties hereto agree that nothing herein contained shall
• be deemed or construed to authorize the Lessee or the Sublessee further transfer
or to assign said Lease No. 17823, or any interest therein, or otherwise to let or
sublet the leased premises without the written consent of the Lessor thereto first
had and obtained.