ty and beriveen Hockett Farms, a partnership ("OWNER"), with an address of Post Office Box
<br />P, Hayden, Colorado 81639, and COTTONWOOD T.AIYp COMPANX, a Delawaze corporation
<br />("I;LL'"lr ...tt. :.area et i~i is i~tnu ~nuv~ e,~ui1, l,.l.. S!,~, ~„ ,.,,,I,,,.,, Il,,,;,,z.. fl.,l,.,,,,1„ 0010; hl
<br />successors and assigns, whereby in consideration of the sum oz ten uottars toto.uu/ anu ut~tct Suva acid
<br />valuable consideration, the receipt of which OWNER hereby acknowled;es, and in further consideration
<br />of the mutual covenants se[ forth below, OWNER hereby grants unto CLC the right to enter, conduct
<br />certain operations for [he purpose of exploring for coal and other minerals, and conduct environmental
<br />monitoring and other activities associated with obtaining a coal minim permit, on, under and across the
<br />following described lands located in the County of Routt, State of Colorado ("Property"):
<br />
<br />NTEMOR.ANDUM OF SCIRFACE USE AGREEMENT
<br />THIS AGREEMENT entered into this~"day of ~rtirtL 1996 ("Effective
<br />"d. 1(t:'~.(.lif9 (!,(~li ell' Lr*(+U ~i~d ~: ~.~l:,
<br />Township 6 North Range 88 \Vest 6th P M
<br />Section 26: SW/4
<br />Section 27: SW/4NF./4, SE/4NW/4, SE/4, andE;2 SW/4
<br />Section 33: NE/4, E/2 NW/4, NE/4 SW/4 and N/2 SE/-f
<br />Section 34: NEJ4, E/2 NW/4, NE/4 SW/4, NWi4 SEl4 and E;' SE/4
<br />9~..t~.,., 95. 27V.S4.....1 bt?.+/A ErLllq
<br />containing 1,440.00 acres, mule or less
<br />1. This Surface Use Agreement shall be for a one (1) year tens 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 yeaz-to-year basis thereafter, by CLC pacing to OWNER on or before the expiration of
<br />the Primary Term, and thereafter on each anniversary date of this Agreement, an annual rzntal for st:ch
<br />extension.
<br />?. All of the rights, duties, benefits, terms and covenants contained in this Agreement will run wirl:
<br />the land and shall accrue to and be binding upon she successors and assiEns of the Paries for the ?erm of
<br />this Agreement and any extension of suc}t term.
<br />IN WITNESS WHET~OF, the Parties have executed this' Memorandum of Surface Use
<br />Agreement as of the date first above written, by their own hand and deed.
<br />a
<br />s
<br />OWNER: Elockett Farms, a partnership
<br />BY'
<br />err 1$. Hoc`klett a/
<br />By: r~~.G4. 7~'1 dC
<br />Duane Hockett
<br />COTTONI'F'OOD LAND COi\II'A:\'~'
<br />Pv:
<br />Rs: ~R~S[UE~
<br />464.174 B-721 P-llit U6/[~1/98 +12:2.iP P'.i i ~F Z RE's .-.--
<br />Kay Weinland Routt: C^unt;y ClErt: 2. RecUi d?r t t .OC
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