FC4I, Rzll Hole S6
<br />MEhIORANDUM OF SURFACE USE AGREEIyIENT
<br />THIS AGREEMENT entered into this /Sday of I 1996 ("Effective Date")
<br />by and between RIO RO MO LAND CO. ("OWNER") with an addre of PO $ox 715, Craig, Colorado
<br />81625 and COTTONWOOD LAND COMPANY, a Delaware corporation ("CLC"), with an office at
<br />1475 Pine Grove Road, Suite 207, Steamboat Springs, Colorado 80487, its successors and assigns,
<br />whereby in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
<br />the receipt of which OWNER hereby aclmowledges, and in further consideration of the mutual covenants
<br />set forth below, OWNER hereby grants unto CLC the right to enter, conduct certain operations for the
<br />purpose of exploring for coal and other minerals, and conduct environmental monitoring and other activities
<br />associated with obtaining a coal mining permit, on, under and across the following described lands located
<br />in the County of Routt, State of Colorado ("Property':
<br />Township 5 North. Ranee 89 West, 6th P.M.. Routt County, Colorado
<br />SECTION 17: SW/4NW/4, SW/4
<br />SECTION 18: S/2SE/4
<br />SECTION 19: NE/4
<br />SECTION 20: W/2, SE/4
<br />SECTION 21: S/2S/2SE/4NW/4, 5/2S/2SW/4NE/4, S!2
<br />SECTION 22: W/2SW/4, SE/45W/4, SW/4NE/4SW/4
<br />SECTION 27 N/2NW/4, SW/4NtiV/4
<br />SECTION 28: N/2, SW/4, N/2SE/4
<br />SECTION 29'. N/2, E/2SE/4
<br />SECTION ;O: NE/4,NE/4NW/4
<br />SECTION ;1: LOTS 1 & 2, NW/4NE/4, S/2NE/4, E/2W/2, SE/4
<br />SECTION ;2: S/25El4
<br />Township 4 North. Range 89 West
<br />SECTION 8: LOT 1
<br />SGAC- o~
<br />GAG- oz0.
<br />GAL- ~6
<br />SECTION 9: LOTS 2, ;, and 4, THAT PART OF N/25/2 LYING NORTH OF
<br />HWY 317.
<br />i
<br />Containing ;,507.5 acres more or less.
<br />I. This Surface Use Agreement shall be for a one (1) year term commencing from the effective date
<br />hereof ("Primary Term'), with CLC having the option to extend the Primary Term of this Surface Use
<br />Agreement on a year-to-year basis thereafter, by CLC paying to OWNER on or before the expiration of the
<br />Primary Term, and thereafter on each anniversary date of this Agreement, an annual rental for such
<br />extension.
<br />2. All of the rights, duties, benefits, terms and covenants contained in this Agreement will run with the
<br />land and shall accrue to and be binding upon the successors and assiv,~s of the Parties for the term of this
<br />Agreement and any extension of such term.
<br />463132 B-720 P-935 05/23/96 01:38P PG 1 OF 3 REC DOC
<br />Kay Weinland Routt County Clerk & Recorder 16.00
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