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Exhibit "A" III 'IIIIIIIII'lllll
<br /> sss
<br /> MEMORANDUM OF SURFACE USE AGREEMENT
<br /> THIS AGREEMENT entered into this 13th day of June, 1996 ("Effective Date") by and
<br /> between ALICE H. BRESHEARS TRUST ("OWNER") with an address of: c/o Alice H. Breshears,
<br /> 2495 S. Quebec St. #4, Denver, Colorado 80231 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 and assigns, whereby in consideration of the sum of Ten Dollars ($10.00)
<br /> and other good and valuable consideration, the receipt of which OWNER hereby acknowledges, and in
<br /> further consideration of the mutual covenants set forth below, OWNER hereby grants unto CLC the right
<br /> to enter, conduct certain operations for the purpose of exploring for coal and other minerals, and conduct
<br /> environmental monitoring and other activities associated with obtaining a coal mining permit, on, under and
<br /> across the following described lands located in the County of Routt, State of Colorado ("Property"):
<br /> Township 5 North, Ranee 88 West, 6th P M., Routt Counrv, Colorado
<br /> Section 4: A tract of land situated in the W1/2 SE1/4, more particularly
<br /> described as follows:
<br /> Beginning at the S IA comer of said Section 4, Township 5 North, Range 88 West,
<br /> thence N 0° 08' W, 2639.34 feet to an iron pin marling the center 114 comer of said
<br /> Section 4 according to the 1944 G.L.O. survey; thence East along the North boundan
<br /> of the SE IA of said Section 4, 653.30 feet to an iron pin, thence S I 1°36' W. 920.98
<br /> feet to an iron pin, thence S 14053'30" W, 1797 50 feet to the point of beginning ,
<br /> containing 20.89 acres more or less,
<br /> Section 16: IgWANW/4, less a tract containing 8.117 acres, said parcel
<br /> containing 31.883 acres more or less.
<br /> Township 6 North. Rance 88 West, 6th P..'A . Rourt County. Colorado
<br /> Seaton 30: Lot 4, SE,14SW/4, SW/4SE.'4
<br /> containing 117.63 acres more or less
<br /> above described property containing 170.40 acres more or less.
<br /> 1. This Surface Use Agreement shall be for a one (1) year term 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 year-to-year basis thereafter, by CLC paying to OWNER on or before the expiration of the
<br /> Primary Term, and thereafter on each anniversary date of this Agreement, an annual rental for such
<br /> extension.
<br /> 2. All of the rights, duties, benefits,terms and covenants contained in this Agreement will run with 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 and any extension of such term.
<br /> 'IN WITNESS WHEREOF,the Parties have executed this Agreement in duplicate as of the date 1
<br /> first above written, by their own hand and deed.
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