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i <br />This Lease (Lease) is effective the ~' day of~~^, 2002, and is between lval <br />and 1^d Young, Inc, (Young}, a Colorado corporation and Lodestar Enerf;y, Inc. (LE,I}, a <br />Delaware corporation. <br />1. 11V CONSIDERATION of the payments set forth below, Young hereby [cases to <br />LEl aright-of--way between State Tlighway 139 in Garfield County, Colorado, across the private <br />propcriy of Young into Munger Canyon. Attached as Rxhibit A is a portion of a LJSGS quad <br />map designating such road between points 1 and 2. This right-of--way is designated herein as the <br />ROW. <br />2. "Che ROW has been the historic access from Highway 139 into the Munger <br />Canyon Coal Mine which was operated by Grand Valley Coal Company and subsequently by <br />LEI. <br />3. LEI, at its expense, shall survey the centerline of the 1tOW on or before one ycaz <br />from date hereof, havC the surveyor prepare a plat showing such survey and shall record such <br />plat of survey in Garfield County, Colorado, at its expense. <br />4. The ROW shall be used by LEi, its agents and invitees, for ingress and egress for <br />all purposes related to coal mining or the reclamation of coal mining areas in Munger Canyon. <br />5. All costs of maintenance of the bridge and road way on the ROW shall be borne <br />solely by LBI. <br />6. The ROW shall benon-exclusive. Such ROW may be used by Young, Young's <br />agents and invitees. <br />7. LEI shall allow no guns to be carried on or across the ROW and no hunting shall <br />occur on or from the ROW, <br />8. The ROW shalt be 60 feet in width, 30 feet in width on each side of the centerline <br />to be surveyed by LET. <br />9. 't'he rental payment by 1.GI for use of the ROW shall he $ per year, <br />payable in advance, on or before the first day of a lease year, for a period of five years. The first <br />such payment shall be made coincidental ly with the date set forth on this Lease. After such tive- <br />year period, the Lease may continue on a year-to-year basis, with payments in advance on nr <br />• before the first day of a lease year, at an increasing rental of $ per year. por example, in <br />