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%:~ <br />~. <br />bIEMORANDUM OF SURFACE USE AGREEMENT <br />TkliS AGREEMENT entered into this ~7'~'day of `L~RS~ 1996 ("Effective Daze") <br />by and between Marvhi D Barnes and Constance L. $arnes. husband and wffe ("OWNER") with an <br />address of P. 0. Box 63>. Cedaredee_ CQ• 81413 and COTTONWOOD LAND COMPANY, a <br />Delaware corporation ("CLC"), with an office at 1475 Pine Grove Road, Suite 207, Steamboat Springs, <br />Colorado 80487, its successors attd assigns, tvhereby ui consideration of the sum of Ten Dollar (510.00) <br />and other good and valuable consideration, the receipt of which OWNER hereby acknowledges, and in <br />further Consideration of the mutual Covenants se[ forth below', OWNER hereby gtartts unto CLC the right <br />i0 enter, Conduct certain operations for the purpose of exploring for eoa( grid other minerals, and conduct <br />environmental monitoring and outer acttvities associated r~'ith obtaining a coal mining permit, on, under and <br />across the followut; described lands located in the Counh' of Routt. 5tatc of Colorado ("Propem'"): <br />Toanshio 5 North. Rance SS West. 5th P.M. <br />Section 7: lots 7, 8, !0, l2 through 17 <br />Section 18: Lots 6 and 8 <br />containing 333.51 acres <br />1 <br />,~ <br />a• <br />a <br />1. 'This Surface Use Agreement shall be for a One (1) year tcrnt commencing from the effective date <br />hereof ("Primary Term"), with CLC having the option to extend the Primary Temt of this Surface Use <br />Agrcentent on a year•to-year basis thereafter, by CLC payutg to OWNER on or before the expiration of the <br />Ptintarv Tertti, and thereafter on each anniversary date of this Agreement, an annual renLz! for such <br />CXtension. <br />2. All of tltc rights, dukes, benefits, ternts and covenants contained in this Agreement will run nith the <br />land and shall accrue to and be binding upon the successors and assigns of the Parties for the term of this <br />Agreement attd any extension of such Tenn. <br />IN 'WITNESS V1'kIEREOF, the Parties have executed this Agreement in duplicate as of the date <br />first above written, by their own hand and deed. <br />OWNER: <br />l~farvin D. Barnes, husband <br />COTTONWOOD LAND COMPANY <br />By: <br />Its: <br />Constance L. Barnes, wife <br />~ARY•pU <br />O: '~ <br />~,~ CYO 7 ~ I•,?ta ! <br />~`~~'•. <br />'~QF r_~L~F <br />STATE OF COLORADO <br />SS: <br />COUNTY OF ,~ ~ ~ o- ) <br />The foregoing instrument was acknowledged before me this 30`da`y``o~'='•~~~, 1996 <br />by Marvin D. Bathes and Constance L. Barnes. /rII11 <br />Witness my haz~J and official seal. ~ ~~- ~- <br />Notary Public <br />My commission expires: l l - 7 ,9 <br />4b4457 8-721 P-1134 06/24/9fi 02:27P PG 1 OF 2 P,EC DOC <br />Kay W2inlartd P,outt County Clerk & Recorder 11.00 <br />