Laserfiche WebLink
MEMORANDUM OF SURFACE USE AGREEMENT <br /> THIS MEMORANDUM OF SURFACE USE AGREEMENT (the "Memorandum" ) , dated <br /> effective the day of July, 1995, is by and between Beryl L. <br /> Kleitz and Velma I . Kleitz, Trustees u/a dated May 7, 1992, with <br /> an address at P.O. Box 1667, Truth or Consequences, New Mexico <br /> (hereinafter collectively referred to as "Surface Owner" , whether <br /> one or more) , and CYPRUS EMPIRE CORPORATION, a Delaware <br /> corporation, with an address at 1303 County Road 107, P. O. Box <br /> 68, Craig, Colorado 81626 (hereinafter referred to as "Cyprus" ) . <br /> Surface Owner, in consideration of the covenants and agreements <br /> contained in that certain unrecorded Subsidence and Surface Use <br /> Agreement (the "Agreement" ) dated concurrently herewith, granted <br /> unto Cyprus certain rights to enter upon and use certain lands <br /> (the "Lands") belonging to Surface Owner as further described in <br /> Exhibit "Al' attached hereto and made a part hereof, for the right <br /> to (1) survey; (2) conduct baseline environmental studies as <br /> Cyprus may desire, including, but not limited to, vegetation and <br /> soil sampling and mapping, surface hydrology investigation, <br /> cultural resources survey and mitigation (if necessary) and <br /> geologic reconnaissance and exploration activities; (3) construct <br /> a pad or pond for an exploration and/or ventilation borehole and <br /> drill an exploration borehole; (4) utilize an existing road into <br /> the drilling site and construct an exploration road from the <br /> existing road into the drill site (5) conduct general reclamation <br /> of drill/bore hole sites and other disturbed areas; and (6) <br /> conduct not more than one (1) seismic survey. <br /> The Lands are subject to all of the terms and conditions of the <br /> Agreement, reference to which may be made for a complete statement <br /> of rights and obligations of Surface Owner and Cyprus. Should <br /> there be any discrepancy between this Memorandum of Subsidence and <br /> Surface Use Agreement and the Agreement, the Agreement shall <br /> control . <br /> The term of the Agreement shall be for a primary term of six (6) <br /> months and shall commence on the effective date hereof . <br /> Copies of the Agreement may be found at the above indicated <br /> addresses of the parties. <br /> This Memorandum may be executed in any number of counterparts and <br /> shall be binding upon all owners of interests in the Lands <br /> 1 <br />