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M: NWG AGREEMENT 'PHIS AC,REEMEN'I', elfe.aive [his 5th day of November 2W4 is made and cntcnd into by and between the undersigned, FARFRUMWURKIN LLLP whose address is 1181 I Upham St #12 Broomfield, Colorado 8002Q hereinafter referral to as "MINE OPERATOR" and PATINrt OIL & GAS CORPORATION whose address is 1625 6roadway. Suite 20W Denver. Colorado 80202, herein referred to as "PATINA"; WHEREAS, MINE OPEEATOR represents that, subject to approval of u mining plan and permit from t'.c Stale of Colorado, Weld County, and other governmental bodies having jurisdi.aion in such matters, they shall be granted the right to mine the gravel rmderlying the surface of the land in part of the following described property to wic 1'uwnship 2 North Ranee 68 West, 6th P.M. Section 3L• E'/z of i he SE'/a Weld Caunly, Colorado ' Ucrcinafter referrrd to as (the "LANDS") WHEREAS, MINE OPER.4TOft also represents that it has the express written consent from the Surface Owner's. Kenneth L. and Judi[h Ann Schell to conduct such mining operations. WHEREAS, PATINA represen[s that it owns certain leasehold interests in the oil and gas mineral estate in and w.der the LANDS. WHEREAS, MINE OPERATOR desires to develop the grovel minerals on portions of the LANDS. AND WHEREAS, PATIT A'S leasehold interest may establishes rights to explore, drill, produce, operate, maintain and access [he well(s) and related production facilities that may he located on the L,ANDi, NOW,'pHEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree a'.. follows: 2. The MINE OPERATOR agrees nut to excavate or mine the areas known as the "Drilling Windows" allowed by the State of Colorado Oil and Gas C mservation Commission pursuant Io Rulc 3I8A.a.(I). The two (2) drilling windows on the Lands measure 4W feet by 400 feet centered in the NE/4SE/4 and SE/4SE/4 oC Section 31, Township 2 N ~rth, Range 68 West, 6th P.M. Subject to PATINA'S approval from Schell, The MINE OPERATOR rgrecs to provide a minimum forty (40') wide access or right-of-w.ry corridor from the nearest public road w each Drilling Windnw for futuro access road(s) and pipeline(s) that may be conslructec and installed by PATINA. t The MINE OPERATOR shall clearly indicate and label the specific luruion and Loundarics of the Drilling Windows, or rights-o(-way on the minis; plats and plans prior to their being presented 1'0#' consideration ind approval of [he appropriate governing bodies anal prior to recc rding in the State of Colorado and Weld Coun[y Colorado recc rds. -- ~' ~ ~: ~~ `Q N O ~f ,~ P, y/~' 'hhis rtgmcment shall b~ binding upon and inure to the benefit of the heirs, succcssoiz and assigns of the patties. )'Uull~;