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PERMFILE132013
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PERMFILE132013
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Entry Properties
Last modified
8/24/2016 10:32:47 PM
Creation date
11/25/2007 11:47:01 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008A
IBM Index Class Name
Permit File
Doc Date
12/11/2001
Doc Name
Right of Entry, Consent Waivers, Legal Descriptions, Insurance, Public Notice
Section_Exhibit Name
NH2 1996 Section 2.03 Attachment 2.03.6-1, 2.03.7-1, 2.03.8-1, 2.03.9-1, 2.03.12-1
Media Type
D
Archive
Yes
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1111111111111111111111111111 illlil IlliiIII IIIII IIII IIII <br />li4:flOb eo/~iii~e e~,xsr er-o ~eie IIE!/.SE <br />1 s1 4 R 21.80 D •.ee N E.00 IXKtAEC MONtROSt: t~ <br />• MEMORANDUM AGREEMENT FOR <br />COAL MINING LEASE <br />Made as of thelOtlday of Sept • , 1998 ("Lease Date', FRANK AND MARY LOU MORGAN <br />("Lessor", whether one or more), with address at RB & 2780 ROAD. P.O. BOX 4. NUCLA. <br />COLORADO 81424, for good and valuable consideration, the sufficiency and receipt of which is <br />hereby acknowledged by Lessor by a coal mining lease (the'Lease") dated this same day, Lessor <br />hereby leases to Western Fuels-Coloredo, A Limited Liability Company, a Colorado limited liability <br />company ("Lessee', the following described land ("Property's and the coal mineral deposits ("Coal") <br />located in, on and under the Property: <br />T46N. R16W. N.M.P.M. <br />SECTION 1: NE1/4 NE1/4 (also known as Lot 1), NW1/4 NE1/4 (also known as Lot 2), <br />NE1/4 NW1/4 (also known as Lot 3), N1/2 N1/2 SW1/4 NE1/4, and N1/2 N1/2 <br />SE7/4 NW1/4 <br />containing 140 acres, more or less, with all of the rights ("Rights' to conduct mining activities as <br />described in Section 3 of this Lease. <br />BY THE LEASE, LESSOR INTENDS TO LEASE TO LESSEE ALL OF LESSOR'S RIGHT, <br />TITLfi AND INTEREST IN THE COAL tN, ON OR UNDER THE PROPERTY, UPON THE TERMS <br />AND CONDITIONS STATED HEREIN. <br />. 1. Term. This Lease shall be in effect for twenty (20) years commencing on the Lease <br />Date stated above and for so long thereafter as: (a) coal is produced in commercial quantities from <br />the leased (ands, (b) the Property is being reGairned per the requirements of the mining permit <br />covering the Property issued by the Colorado Division of Minerals and Geology, Office of Mined Land <br />Reclamation. <br />Notwithstanding any other provisions made in this Lease to the contrary, Lessee shall have <br />the right at any time, upon the basis of at least thirty (30) days advance written notice to Lessor, to <br />terminate this Lease effective on December 31 of any year, but Lessee must pay to Lessor all <br />amounts, if any, due under the terms of this Lease to the day previous to the effective dale of <br />termination. <br />After expiration or termination of this Lease, Lessee shall have an additional ninety (90) days <br />during which lessee shall have the right to reenter the Property and remove all of Lessee's property <br />from the Property, and thereafter, as and when required by law, and until such time as Lessee is <br />released by all appropriate regulatory agencies, Lessee shall have the right to perform reclamation <br />and environmental work on and respecting the Property, provided however, that reclamation and <br />environmental work shall be performed in a reasonable and timely manner after termination of the <br />Lease. <br />2. $Qvalties. Lessee shall pay to Lessor royalties and other payments as stipulated in <br />the Lease. <br />1 ~~~~ <br />
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