APPCOR11233 - Laserfiche WebLink

Home Browse Search

-.; r 618042 05/02/1996 09:19A B: 929(( 1?;s;'~203 .'; Bernard J. Gonzales - Lae Animas County}ftecorder ~• ~ i . ', MEMORANDUM OF COAL LEASE AGREEMENT THIS MEMORANDUM OF COAL LEASE AGREEMENT, dated effective the 1st day of November, 1995 is by and between MGP ENTERPRISES, a Colorado limited partnership, whose address is 10050 W. 29th Avenue, Denver, Colorado 80215, F.R. HILL JR. d/b/a F.E. Hill Company, whose address is P. O. Box 226, Fairfield, Texas 75840, and B.F. HILL d/b/a Hill Ranch, whose address is Route 1, Box 238C, Glen Rose Texas 76043 (collectively, the "Hills") (the Hills and MGP are collectively referred to herein as "Lessor" or "Lessors"1, and A. P. MAXWELL DEVELOPMENT COMPANY, LLC, an Indiana limited liability company ("Maxwell"), whose address is 1311 8entwood Drive, Evansville, Indiana 47711. Lessors, in consideration of the covenants and agreements contained in that certain unrecorded Coal Lease Agreement (the "Agreement") dated effective the 1st day of November, 1995, teased and let unto Maxwell certain lands (the "Lands") as further described on Exhibit "A", attached hereto and made a part hereof, for the purpose of exploring, developing, mining, removing, preparing and loading all of the coal from the surface to a depth of 5,000 feet above mean sea level lying in, under and upon the Lands, during the term of the Agreement and subject to limitations and conditions therein, along with the right to use certain surface water and groundwater rights (the "Water Rights") located both on and off the Lands described in the Agreement. The Lands and the Water Rights are subject to all of the terms and conditions of the Agreement, reference to which may be made for a complete statement of rights and obligations of Lessor and Maxwell. Should there be any discrepancy between this Memorandum of Coal Lease Agreement and the Agreement, the Agreement shall control. The term of the Agreement shall be for a period of thirty-three (33) years and shall commence on the effective date of the Agreement and shall continue until 12:00 midnight on the 31st day of October, 2028, or for so long thereafter as Maxwell produces coal from the Lands. Copies of the Agreement may be found at the above indicated addresses of the parties. All the terms, conditions and covenants of the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns, respectively, of each of the parties hereto.