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r: , <br />-. <br />Form 3130-1 <br />• (October 1967) <br />EXHIBIT C-II <br />UNITED STATES <br />DEPARTMENT OF THE INTERIOR <br />BUREAU OF LAND MANAGEMENT <br />COAL LEASE <br />Land Office Serial Number <br />C-0125516 <br />This lease, entered into on MAY 1 1969 , by the United States of America, the lessor, <br />through the Bureau of Land Management, and <br />Industrial Resources, Inc. <br />P. 0. Box 1008 <br />Glenwood Springs, Colorado 81601 <br />,the lessee, <br />pursuant and subject to the Perms and provisions of the act o[ February 25, 1920 (41 Stat. 43TJ, as amended, herein- <br />after referred to as the act, and to all reasonable regulations of the Secretary of the Interior now or hereafter in force <br />which are made a part hereof, <br />WITNESSETH: <br />• Sec. 1. Rights of Lessee. The lessor, in consideration of the rents and royalties to be paid and the conditions to be <br />observed as hereinafter set forth does hereby grant and lease to the lessee the exclusive right and privilege to mine <br />and dispose of all the coal in the following-described tracts of land, situated in the State of Colorado. <br />T. 8 S. , R. 102 p. , 6th P.li. <br />Sec. 2: All (Lots 5-33 incl.. <br /> Sim. ~~~~) <br />Sec. 3s Lots 5-20 incl., <br /> S~ (all) <br />Sec.' 4: Lots 5-15 incl.. 18, <br /> 19. 20, N}S8}, SFJ~SS} <br />Sec. 10: N;NW} <br />containing 2522.72 acres, more or less, together with the right to construct all such works, buildings, plants, <br />structures, and appliances as may be necessary and convenient for the mining and preparation of the coal for market, <br />the manufacture of coke or other products of coal, the housing and welfare of employees, and subject to the conditions <br />herein provided, to use so much of the surface as may reasonably be required in the exercise of the rights and privi- <br />leges herein granted. <br />Sec. 2. In consideration of the foregoing, the lessee <br />hereby agrees: <br />(a) Bond. To maintain the bond furnished upon <br />the issuance of this lease, which bond is conditioned <br />upon compliance with all the provisions of the lease, <br />and to increase the amount o_r furnish such other bond <br />"~---~ as'may be required-- <br />(b) Rental. To pay the lessor annually, in ad- <br />vance, for each acre or fraction thereof covered by this <br />lease, beginning with the date hereo[, the following <br />rentals: 25 cents for the first year; 50 cents [or the <br />second, third, fourth, and fifth years, respectively; and <br />\~-'.} SI for tfie sixth and each succeeding year during the <br />contrnuance of the lease, such rental for any year to Ix <br />credited against the first royalties as they accrue under <br />the lease during the year for which the rental was paid. <br />(c) Royalty. To pay the lessor a royalty of <br />cents on every ton of 2,000 pounds of coal mined during <br />the first 20 years succeeding the execution of this <br />]ease. Royalties shall be payable quarterly within <br />30 days from the expiration of the quarter in which the <br />coat is mined. See additional royalty on <br />reverse side. <br />(d) Minimum production. Beginning with the sixth <br />year of the lease, except when operations are inter- <br />rupted by strikes, the elements, or crsualties nM <br />attributable to the lessee, or unless on application and <br />showing made, operations shall be suspended when <br />market conditions are such that the lessee cannot op- <br />ecate except at a Ions or suspended [or the other <br />reasons specified in section 39 of the act, to mine cost <br />each year and pay a royalty thereon to a value of SI per <br />acre or fraction thereo[. Operations under this lease <br />shall be continuous except in circumstances described <br />or unless the lessee shall pay a royalty, less rent, on <br />such minimum amount of the leased deposits, for one <br />year in advance, in which case operations may be <br />suspended for that year. <br />(e) Paymen[s. To make rental payments to the <br />manager of the appropriate land office, except that <br />when this lease becomes productive the rentals and <br />