APPCOR11449

• Permit No: X199421400
• IBM Index Class Name: Application Correspondence
• Doc Date: 8/21/1995
• Doc Name: MEMORANDUM OF SURFACE USE AGREEMENT
• From: Deneena Lyn Smith
• Media Type: D
• Archive: No

V
MEMORANDUM OF SURFACE USE AGREEMENT &Ge0~o9Y
THIS MEMORANDUM ~jF~~ ~S,,URFACE USE AGREEMENT (the "Memor~,yld@ih4)'~,~~`dated
effective the ~ day of July, 1995, is by and between Deneena
Lynn Smith, with an address at 1664 North Yampa Avenue, Craig,
Colorado 81625 (hereinafter referred to as "Surface Owner",
whether one or more), and CYPRUS EMPIRE CORPORATION, a Delaware
corporation, with an address at 1303 County Road 107, P. O. Box
68, Craig, Colorado 81626 (hereinafter referred to as "Cyprus").
• III IIIIIIIIIIIII III • ~F~E,~Eo
PSG 21 1995
Surface Owner, in consideration of the covenants and agreements
contained in that certain unrecorded Subsidence and Surface Use
Agreement (the "Agreement") dated concurrently herewith, granted
unto Cyprus certain rights to enter upon and use certain lands
(the "Lands") belonging to Surface Owner as further described in
Exhibit "A" attached hereto and made a part hereof, for the right
to (1) survey; (2) conduct baseline environmental studies as
Cyprus may desire, including, but not limited to, vegetation and
soil sampling and mapping, surface hydrology investigation,
cultural resources survey and mitigation (if necessary) and
geologic reconnaissance and exploration activities; (3) construct
a pad or pond for an exploration and/or ventilation borehole and
drill an exploration borehole; (4) utilize an existing road into
the drilling site and construct an exploration road from the
existing road into the drill site and (5) conduct geaeral
reclamation of drill/bore hole sites and other disturbed areas.
The Lands are subject to all of the teens and conditions of the
Agreement, reference to which may be made for a complete statement
of rights and obligations of Surface Owner and Cyprus. Should
there be any discrepancy between this Memorandum of Subsidence and
Surface Use Agreement and the Agreement, the Agreement shall
control.
The term of the Agreement shall be for a primary term of six (6)
months and shall commence on the effective date hereof.
Copies of the Agreement may be found at the above indicated
addresses of the parties.
This Memorandum may be executed in any number of counterparts and
shall be binding upon all owners of interests in the Lands
executing the same or a counterpart hereof, whether or not named
herein as one of the Surface Owners, and whether or not other
.....1. >0!/IN
Z