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u . LC# I1Z8-nul :. - ~ Z 7i0 ~~~~ <br />DISPLAY # t BYE. <br />SCAN DATE IZ'29'0y COAL MINING LEASE <br />THIS COAL MINING LEASE reinafter referred to as 'Lease') is made and entered <br />into as of this s~~ day of ~ ORADO, b and throu9 h`~its(° Boa dw of aCounty <br />and between ROUTT COUNTY, Y 9 <br />Commissioners with a mailing address of Post Offce Box 773598, Steamboat Springs, <br />Colorado 80477 (hereinafter referred to as °LESSOR7 and JUNIPER COAL COMPANY, a <br />Delaware corporetion wfth an address of 701 Market Street,~Suite 716, St. Louis, Missouri <br />63101 (hereinafter referred to as 'LESSEE'). <br />WITNESSETH THAT: <br />v 1. LESSOR in consideration of '" Sand Eiahh nd 00/100 Dollars (54 080 001 ,paid <br />by LESSEE to LESSOR, being the first year's rental payment receipt of which is hereby <br />acknowledged, and in further consideration of LESSEE'S agreement to pay Three and 001100 <br />QyPa"s fS3 00) per acre-annu lly as. Centel on~or before the anniversary date of this Leaseso <br />long as said Lease shall remain in effect; and of the covenants and agreements set forth <br />herein, does hereby GRANT, LEASE, DEMISE AND LET exclusivety to LESSEE all of <br />LESSOR'S RIGHTS, TITLE AND INTEREST to all wal and all seams, veins or beds of coal <br />(hereinafter referred to as "Coal') situated, lying or, being in, or under the following described <br />real property situated in Routt County, Colorado: <br />Township 5 Korth Rance 88 Nre t 6th P M <br />Section 19: Lots 11, 12, 15 and 16 (also described as SW1/4) and the NE7/4 <br />Section 30: Lots 5, 6, 9, and-10 (also described as NW1/4), 11 and 12 (also . <br />described as N7/2 SW114).and the E1/2 <br />Section 31: -Lots 5, 6, 9, 10, 13, 14, 17 and 18. (also described. as W1/2) and the <br />NE114 . - <br />containing 1,360.00 acres, more or less:. <br />(hereinafter referred to as 'Property'), together with full dghts, liberties, power and authority to <br />evaluate for testing, surveying, exploring, conducting core ddlling, mining, operating, producing <br />and transporting all grades and kinds oT Coal and their respective constituent products and <br />substances wntained in said Coal or found associated therewth, undedying said Property, end <br />to Zook for, test, work, mine, excavate, raise, clean, carry away and sell said Coal and other <br />minerals intermingled, associated and mined therewith (hereinafter referred to as °By-products°) <br />from the mines, beds, seams, pits and Property hereby leased by any surface or underground <br />method of mining, whether now or hereafter known, incuding, but not limited to, longwall, <br />surface and auger methods of mining, along with the right to subside all strafes between the <br />mine and surface of said Property; to excavate pits, to sink shafts, to make, use and occupy <br />openings, tunnels and underground passages (now existing or hereafter opened), to strip <br />seams, veins grid beds, and to dispose of and pile up the overburden removed in sinking shafts <br />and in stripping such seams, veins and beds in,~under said Property, and to erect, use.and <br />maintain buildings, engines, machinery, appliances, devices, wells, roadways, housing, railroad <br />tracks, water ways, openings, ditches, power and communication lines, and without limitation, <br />structures and facilities (all of the same being hereinafter called 'Improvements') in or under <br />said Property and each and every part thereof, and from time to time to relocate all or any part <br />of the same, as LESSEE may desire or deem convenient in the course of its operations on said <br />Property or on adjacent or nearby lands now or hereafter held, owned or leased by LESSEE, <br />with the right on the part of the LESSEE to remove any and atl of said Improvements so made <br />by it upon the termination of this Lease, or prior thereto, at Rs sole discretion, and with the right <br />'dn the part of the LESSEE to use said openings, tunnels and underground passages as <br />LESSEE may desire or deem convenient in its operations on said Property or on said adjacent <br />or nearby lands, including tfie ~transp~ortaiiomoF coaLacross ibis P:cperty mined from property <br />not the subject of this Lease, wthout additional charge, and with full right of ingress and egress <br />in connection with the exercise of any and all of said rights. <br />2. This Lease shall commence on the date set forth above, and shall continue and remain in <br />rU o ( 1 years hereinafter called "Primary Term'), commencing <br />~ effect for the full term of tw~n[v fv 35-..~_ <br />T on the Effective date of this Lease, and so long thereafter as coal and respective constdueM <br />products and substances contained in said Ceal or found associated therewith or other minerals <br />intermingled, associated and mined therewith are being produced from the Property and <br />Intial: <br />Initial: <br />473048 B-729 P-158 01/14/1997 01:56P PG 1 OF 6 REC Doc <br />Kay Weinland Routt County Clerk & Recorder 31.00 <br />