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<br />~ ~~ QUo~ 61~J~y ~x <br />AGREEMENT <br />III IIIIIIIIIIIIIIII <br />THIS AGREENiSNT made ad of the 13th day of May, 1994, between LARRY and ELAJi~iE <br />MAUTZ ("Menu") and MOUNTAIIY COAL COMPANY ("Mountain Coal"). <br />1. Jenkins Property <br />Mountain Coal grants to Mautz a 20 year leasehold intercet in the Jenkins property, described <br />in Exhibit A and comprising 22.4 acres more or less. <br />Mountain Coal also grants to Mauu a 20 year lease of the water rights associated with the <br />Jenkins property, described in Exhibit A. Mautz agrees to ezerciee those water rights to the <br />maximum extent practical, and shall each year irrigate at leant eight acres of the Jenkins <br />property. Mautz may, upon receiving .permission from Mountain Coal, clear and make <br />imgable additional acreage on the Jenkins property. Mountain Coal reserves the right to <br />make use of those water rights as needed during the term of the lease. <br />Mautz shall not be reaponaible for any enviromnental IiabiGty arising from a preexisting <br />condition of the Jenkins Property. Mautz shall not use the Jenkins Property ea a landfill or Pbr <br />the disposal of hazardous wastes, hazardous aubetancea, oil or petroleum products, or other <br />materida that could cause environmental harm. Mauu may, however, engage in typical <br />agricultural uses of the Jenltins Property. <br />Mountain Coal shad, by s separate instrument, convoy to Mautt for one dollar the structures <br />on the Jenkins property. Mauu shall demolish and/or remove the structures from the Jenkins <br />Property before or at the end of rho lease term. <br />Mauu shall perform all maintenance of the Jenkins Property during the teem of this lease. <br />Meuts shall not, however, erect any structure or make other improvements of the Jenkins <br />Property without the prior written approval of Moumain Coal. <br />2, Meuts Lends <br />Mauu grants to Mountain Coal a 20 year surface easemem in rho reel property described ad <br />Mautz Lands on the map attached u Exhibit B, comprising 140 scree, more or leas. <br />Mountain Coal shall use Mauu Lends for construction of a ventilation facility, including a <br />ventilation fang and for other uaea incident to wal mining. Mountain Coel shalt m~~~m~ the <br />aueage of the ventilation facility "footprint" (presently estimated to be less than ten acres) and <br />shall avoid, if possible ,the area designated on Exhibit B. <br />3, Mountain Cosl Lands <br />Mountain Coal greats to Mauu a license to use the real property described ee Mountain Coal <br />Lands on rho map attached as Exhibit B. Mentz shall use the Mountain Coal Lends solely for <br />agricultural uses, including as an irrigated hay meadow. Mautz shell not cut roadways, erect <br />structures, or make improvements to the Mountain Coal Lands without the prior written <br />approval of Mountain Coal.. Mauu shall not place refuse or otherwise discard items on <br />Mountain Coal Lands. The use of the Mountain Coal Lands by Mautz shall be subordinate to <br />any use Mountain Coal may wish to make of the Mountain Coal Lands. Mauu shall have no <br />claim or right to relief if the Mountain Coal Lands arc affected by mining activities or other <br />activitlea of Mountain Coal. <br />F~"~' <br />