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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 <br />