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i:.. <br />ennll ~2PAGFQ9Q <br />{e) to use water rights appurtenant to the Benson West Property (e.g. springs, <br />. 1 wells, private ditches, etc. including 45 shares of Colorado Cooperative Water Stock) es are <br />necessary and convenient for Lessee. Lessor warrants that it owns such water rights and will allow <br />Lessee to use such water. Lessee will pay, for the duration of this lease, the annual water <br />assessment on the 45 shares of Colorado Cooperative Water stock which are owned by Lessor, <br />provided Lessor forwards bill within 10 days of receipt. Lessor may use the surface of the Benson <br />West Property for farming or any other use until Lessee elects to exercise its Rights stated above. <br />If Lessee, in fulfillment of its legal obligations to reclaim mine lands, undertakes farming activity on <br />any portion of the Benson West Property, the Lessee will cause the Benson West Property to be <br />planted as necessary, and may contract with Lessor to farm the Benson West Property to the <br />Lessee's specificaticns. Lessee guarantees to Lessor that after mining, the property will be put back <br />as irrigated farmland so as to be fully functional for the production of irrigated grass pasture and hay <br />to the extent that it now is, as required by mining permits issued by the State of Colorado. <br />Before Lessee commences to exercise the Rights specked in (b) above, Lessor may remove from <br />the Benson West Properly at Lessor's expense any buildings, structures or other personal property <br />of Lessor which will, in lessee's opinion, interfere with Lessee's exercise of said Rights, but failure <br />of Lessor to remove same after having had at least six (5) months to do so, then Lessee may at fts <br />expense, but without any liability to Lessor remove or destroy same. <br />5. Hszyalti5s. Lessee agrees to pay Lessor such royalties as are provided in the Coal <br />Lease. <br />6. ~ .. -a~or~. All covenants, terms and conditions of the Coal Lease shall run with the <br />land and shelf be binding upon and inure to the benefit of the heirs, administrators, executors, <br />~) successors and assigns of the parties to this Memorandum. <br />7. Effect of Aoreement. This Memorandum Agreement for Surface Coal Mining Lease <br />is subject to the terms and provisions of the Coal Lease, and shall not be construed as a change, <br />modification, amendment or enlargement of said Coal Lease. <br />8. Coal Lease. An original copy of the Coal Lease is maintained at the offices of Lessee <br />and more infomtation concerning ft may be requested by contacting Western Fuels Association, Inc., <br />405 Urban SUeet, Suite 305, Lakewood, Colorado 80228. <br />IN WITNESS WHEREOF, the parties have caused this Memorandum Agreement for Surfaces <br />Mining Coal Lease to be duly executed as of the day and year first above mentioned. <br />WESTERN FUELS-COLORADO, A LIMITED LIABILITY COMPANY, <br />~c___ <br />BY <br />STATE OF COIURADO t <br />COUNTY OF ~~ <br />.~ The toregoing instrument was acknowledged before me this 29tkaay of JanuazY <br />