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<br />John A. Eilts <br />October 7, 1993 <br />Page 2 <br />Pursuant to paragraph 5 of the Decree, as of November 1, 1993, you shall <br />become the owner of the shop building, the office trailer, the bridge over the <br />Yampa River and the truck scale, in their as-is condition. Pursuant to paragraph <br />6(m) of the Decree, as of November 1, 1993, you shall become the owner of the <br />reclaim tunnel (pipe) in its as-is condition. As of that date, Sun Coal will have no <br />further responsibility or obligation with respect to any of those facilities. <br />Further, pursuant to your specific request, Sun Coal will leave on the Leased <br />Premises in their as-is condition the following facilities and equipment, which <br />will also become your property as of November 1, 1993: electrical transformers, <br />crusher building, pit and remaining metal, fuel tanks adjacent to the shop <br />building, existing road from U.S. 40 to the turn out into the shop building, two <br />(2) water wells, weather station adjacent to the office trailer, and the conveyor <br />gallery attached to the bridge over the Yampa River. As of that date, Sun Coal <br />will have no further responsibility or obligation with respect to any of those <br />facilities and equipment. <br />Pursuant to paragraph 16 of the Decree, the permanent injunction put into effect <br />on November 1, 1983 by Judge Doucette shall remain in place under the terms of <br />the Decree after termination of the Lease, and so long as Sun Coal has any <br />reclamation responsibilities on the Leased Premises and until the CMLRD <br />releases in full Sun Coal's Reclamation Bond. <br />If you have any questions or comments regarding the termination of the Lease or <br />our respective continuing rights and responsibilities, please call me at your <br />convenience. I look forward to working with you to secure final approval of all <br />reclamation and the full release of Sun Coal's Reclamation Bond, as well as the <br />subsequent termination of the Decree and Sun Coal's departure from your <br />property. <br />SUN COAL COMPANY, INC. <br />BYi~ <br />yan .Archer, General Manager <br />~lP <br />