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rndr•f utnn Ir;rm Lc,~tiu ' ~ No. 5738 r' ' THIS LEASE niadc I!ns 15th day of Apri 1 19 81 , between THE COLORADO AND SOUTHERN RAILWAY COMPANY, a Colorado corporation, hereinafter called "Lessor", and ' TRINIDAD BASIN MINING, INC., a Colorado corporation whose postoft~ce addressrs Post Office Box 783, Trinidad, Colorado 81082 ' ,hereinafter called "Lessee", WITNESSETH: ' In considorabon of the covenants Hereinafter contained to be kept and performed by lessee, Lessor hereby leases to Lessee upon the terms and conditions hereinafter set forth the following described premises situate rn the City of Ludlow .County of l.as Animas .State of Colorado Near M.P. 198, the location and boundaries thereof shown in red color on Print No. 5738~dated April 8, 1981, hereto attached and made apart hereof, ' comprising 2.15~acres, more or less. 1 1 t t ' SAVING AND RESERVING to Lessor the right to construct, maintain and operate a railroad track or tracks; to construct, maintain and use buildings dr other structures for railroad purposes located or to be located upon any part of the above described premises not occupied by the buildings and structures hereinafter mentioned; to construct, ' maintain and use or to permit to be constructed, maintained and used by others any exishng or additional pipe, telegraph, telephone or power transmission line upon, over or beneath the said premrses; to make any changes m grade or location of its railroad or any of its tracks. or to rearrange its station facilities, or to use the said premises ' or any part thereof for railroad purposes, and further saving and reserving to Lessor the right to enter thereon for any one or more of such purposes without payment to Lessen of any sum for damage of any nature which may be caused thereby. t Lessee hereby leases said premises from Lessor for the term hereof subleci to the covenants and promises following, which Lessee agrees to observe and perform, to-wit: ' 1. Lessee shall use and occupy said premises for the sole and exclusive purpose of constructing, maintaining, and operating tftereon a coal stockpiling and loading facility. ~/ 1 !~-_/!J Ne outer buildmys. structures, additions. alterations or improvements shall be erected or made on the premises by t Lzss?e or at the direction of Lessee. save with the express permission of Lessor in writing and at the sole cost of Lessee. 2 Lesser shaft GaY annoallt- rn advance. as rental (or said premises the sum of Five Hundred Fifty and No/100 ($5$0,00) Dollars, effective April 15, 1981. 3 Lessor reserves the r iyht to change the vernal stipulated herein at any Line while this lease remains m eflect. 4 Lessee shall pay all taxes. Irc<:nse lees or olfter charges which may become due or which may be assessed against said premrses, against Lessee, ayainst the business conducted on said premises or against any and all improve- ments placed thereon during the term hereof, except special assessments for public improvements. Lessee shall reim- burse Lessor for any such taxes, I~rense tees or outer cltaryes whicft may be paid by Lessor promptly upon the prescnlation by Lessor of bills for the amount thereof. and tit default of such reimbursement, all sums so paid by Lessor shall be deemed to be :rnd shall be treated as additional rental and recoverable a5 such hereunder. In the event that the premises hereby demised, or any part thereof, shall be subject to any special assessment for any public improvement or improvements, the rental herein reserved and stipulated to be paid by 1-essee shall 1 b~ automatically increased by an amount equal to nine percent (9%) per annum on the total amount of the assessment 11