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<br />
<br />sta vra trams STATE OF COLORADO
<br />tar.. gym, Bret. vssI
<br />STATE BOARD OF LAND COMMISSIONERS
<br />
<br />COAL MINING LEASE NO. sas/13-s
<br />ISSUED'=IN LIEU OF EXTENSION OF COAL MINING LEASE N0. 465/13-5.
<br />Containing 600.00 acres, mote or less:
<br />THIS COAL MINING LEASE, Made in
<br />by and betworn the State of Colorado, actin
<br />and Arness-McGriffin Cot
<br />hertinaAer rcfened to as Lesxe:
<br />Land Fund: School
<br />and emend inro This 14th day of January , 19$x_,
<br />its STATE BOARD OF LAND COMMISSIONERS, hercinaRer referred ro as Lessor,
<br />WITNESSETH: lessor, for and in comidemtion of the sum of ~j,x hundred seventeen and 25/100 - - - - - - _
<br />--------------------------------- Dollan (S_1i1.7_.-2.5 ),
<br />receipt of which is hereby acknowledged as payment of filing fee in the amoum off ,firs[ year's
<br />rent in the amount off 600 00 and a bonus in the amount of S - - ,and in
<br />further consideration of Lesce's agrtxment to pay Ona and Nn/100 - - - - Dollar(s) (f 1 -00 )
<br />per acre annually as rental in advance of the anniversary date of this Iwx so long es said Iwx shall remain in effect; std in further consideration
<br />of the terms and conditions hcrtinaRer stated, and of the payments of royalties rexrved herein, to be kept and performed by Cessee, its successors
<br />end assigns, data hereby Iwx to Lessor the right end privilege of exploring and prospecting for, and mining of and faking coal tram the lands hercina(ter
<br />described, siNate, lying and being in the County of I.a P1 ata ,State of Colorado, to-wit:
<br />ACRES SUBDMSION SEC. TWP. RGE. PATENTS
<br />600.00 NW/4NE/4; S/2NE/4; NW/4; S/2 16 35N lOW None
<br />r
<br />~PR2 `;1985
<br />Cora. ~:,- u..,drd~.)! Resources
<br />Lessee shall have the right to ux as much of the surface thereof as may be reasonably requited in the exercix of the right to mine coal, including
<br />strip mining, and the reasonable right to ingress and egress; the right townstrua buildings, make excavations, stockpiles, dumps, draitu, roads, railroads,
<br />power lines, pipelines and other improvements as may be necesary in the mining and removal of said coal; subject, however, to all existing eaxmenb
<br />and rightsof-way of third ponies, and the rights of surface lessees and surface patentors, and further subject to the tertnt, conditions and royalties
<br />xt out in this leas, The above-mentioned rights may be exercised in tbnrrtxtion with the mining of coal from other or adjacem lards only when mining
<br />on such lands is carried on in conjunction with the actual mining of coal on the lard hertin Iwsed.
<br />RESERVING, however, to the State of Colorado:
<br />A. All rights and privileges of every kind std namrt, except as art herein specifically granted.
<br />B. The right to ux or lease said premise or any pan thereof at any time for any purpox, including the right ro explore and prospect said premises
<br />other than skit locating of coal deposits, which use and leasing of said premises shall be for purpose other than and not inconsistent with
<br />the tights and privilegts herein specifically granted.
<br />C. The right to dispox of or Iwx the surface.
<br />D. The right at all times during the life of this Iwx to go upon said premises artd every part thereof for the purpose of inspecting same, and
<br />the books of accounts and raords of mineral workings therein, and of axenaining whether or not said Lessee and thou holding thereunder
<br />by and from it, arc carrying out the terms, covenants and egteements in this leas contained.
<br />TO HAVE AND TO HOLD The abovedescribed premises, with the epputtenance, umo Lessee, iv heirs, successors ssigns, or legal rcprexnta-
<br />tives from ltvelve O'clock noon on the 14th day of Januar 19 ~~ ,for the full term of
<br />te^ ( t n )years, and umil Tvelve O'clock noon on the 1 th day of January Ig 95 , ord.
<br />except as hcrcinaRer stated, as long thereRer es coal h being produced in paying quantities from said premiss, end the roYVry and rcnu provided
<br />for herein, or by any extcmion hereof, are being paid, subject to the following terms, conditions and agreements, to-wit:
<br />1. ADVANCE M1NiMUM ROYALTY - As minimum and advance royalty, without rtlation to the amount of coal mimed from the leased premises,
<br />Lessee shall pay to Lessor the following amounts:
<br />LEASE YEAR ADVANCE MINIMUM ROYALTY LEASE YEAR ADVANCE MINIMUM ROYALTY
<br />1st ~0/acre 6th S10/acre
<br />2nd _ $10 BCCe ]rh S70/assn
<br />3rd acre Rrh ~10/arse
<br />4th acre 9Eh
<br />5th ~1 acre loth t0/acre
<br />Acreage changes resulting Gom surrtMer or partial amignment may redua the advance minimum royalty proportionately.
<br />Funkier, at the end of each five-ycar period, Lessor may change the rate or amount of advana minimum royalty to be paid by Lessee. In the
<br />cvem I.essec shall not extras coal from the based premises sufficient to rcmm to the State the minimum amounts above spxified, it is nevertheless
<br />understood that the above sums of money are due end payable to Lessor whether or not coal is mined, but that such advance minimum royalty
<br />shall be credited upon the first royalties due as hertinaRer provided for coal actually produced from said premises.
<br />2. FORFEITURE OF ADVANCE it1IlYL1bLU161 ROYALTY-In the abxnce of production of coal in continuous paying quantitie before the
<br />expiration date of the Icase, all advantt minimum royalties and all rentals shall be forfeited to the State.
<br />3. EXTENSION -Lessee may have a prcfertntial right to renew the Iwx or to receive a stew leas, whichever may be determined by I.esor to
<br />!x in the rust imetest of the State, under one or rrarc of the fogowing conditions:
<br />A. An advance minimum royalty, the amount a be negotiated before expiation of the Iwx, will be continuous until the end of the second lea-year
<br />tens of the leas, or until the expiration of the new Iwx. This amoum may be adjusted at the end of wch five-ywr period of the Irsx.
<br />B. lessee shall famish to lessor satisfactory evidence of plate for muting during the secondten-yrbr Wm or during the ten-year term of a new leas or, e
<br />C. Furnish adequate geological evidentx to Lesor that the actwge leased is in fact an integral pan of and conhitu reserve in a logical mining
<br />unit. Final determination as ro whether the acreage is or is tat a pan of a logical mining unit will be made by Itssor.
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