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MEMORANAUM OF SURFACE USE AGREEMENT <br />THiS AGREEMENT entered into this 25th day of May, 1996 ("Effective Date") by and <br />Between HAROLD DENT{ER ("OWNER") with an address PO Box 125, Hayden, Colorado 81639 <br />and COTTONWOOD LAND COMriA1vX; a Delaware corporation ("CLC"), with an office at 1475 <br />pine Grove Road, Suite 207, Steamboat Springs, Colorado 8048^,, its successors and assigns, whereby in <br />:onsideration of the sum of Ten Dollars (510.00) and other good and valuable consideration, the receipt <br />~f which OWNER hereby acknowledges, and in further consideration of the mutual covenants set forth <br />below, OWNER hereby grants unto CLC the right to enter, conduct certain operations for the purpose of <br />exploring for coal and other minerals, and conduct environmental monitoring and other activities <br />associated with obtaining a coal mining permit, on, under and across the following described lands <br />located in the County of Routt, State of Colorado ("Property"): <br />Townchjp S` Ngrr_h Rangy, 89 W ct 6rh P,A1 Routt County Colorado <br />Section 1: Lot 5 (41.53 acres}, Lot 6 (41.74 acres), Lot 11 (41.26 acres), <br />Lot 12 (41.29 acres), Lot 13 (41.30 acres}, Lo[ 14 (41.20 acres), <br />Lot 19 (41.24 acres), Lot 20 (16.26 acres) <br />Section 12: Lot L {14.41 acres) <br />'[ownahip N rah. Rasps 88 We4t 6th P.lvt <br />Section 6: Tract 38 (160 acres) <br />Townchip 6 orth Rya g~~,£t West. 6[h P 1vL <br />Section 29: N12SI2, SWI4SW/G <br />Containing 680.23 acres, more or less. <br />1. This Surface lise Agreement shall he for a two (21 year term conttnencing from the effective <br />date hereof ("Primary Temt"), CLC paying to OWI~'ER on or before the anniversary date, and thereafter <br />on each anniversary date of this Agreement, art annual rental for such extension. <br />2. All of the rights, duties, benefits, terms and tovenants contained in this Agreement will run with <br />the land and shall accrue to and be binding upon the successors and assigns of the Parties for the term of <br />this Agreement and any extension of such term. <br />IN WY'I'NESS VJTiEREOF, the Parties have executed this Agreement in duplicate as of the date <br />first above writtetr, by their own hand and deed. <br />OWNER: HAROLD DENTCER COTTONWOOD LAND COMPANY <br />lts: caner lts: /~c~7FJ <br />463550 B-721 P-227 06/03/96 01:58P PG 1 OF 2 REC t]C~ <br />Kay Weinland Reutt County Clerk & Recorder 11.00 <br /> <br />