Laserfiche WebLink
MEMORANDUM OF LEASE <br />THIS MEMORANDUM OF LEASE (this "Memorandum") is effective as of the 26th of <br />February, 2008 (the "Effective Date") and reflects the existence of a Lease made and entered by <br />and between Daniel H. Adamic, Marie M. Adamic, and Betty L. Adamic, individuals <br />(collectively "Lessor"), and Northfield Partners, LLC, a Colorado limited liability company <br />("Lessee"). <br />Recitals: <br />WHEREAS, Lessor is the owner of certain real property situated in Fremont County, <br />Colorado, more particularly described on Exhibit A attached hereto (the "Leased Premises") <br />which Lessor has granted to Lessee the right to mine, remove, transport and process all coal in, <br />on or under the Leased Premises. <br />WHEREAS, Lessor has leased to Lessee the Leased Premises pursuant to the terms of the <br />Lease dated effec;tive as of the Effective Date (the "Lease"). <br />WHEREAS, this Memorandum provides record notice of the Lease. <br />Terms and Conditions: <br />1. Ri is Granted. Pursuant to the Lease, Lessor has leased to Lessee the unrestricted right <br />to use the Leased Premises for any purpose in connection with Lessee's mining <br />operations that, at any time during the term of the Lease, shall be owned, leased, operated <br />or controlled by Lessee. The rights granted Lessee shall include, without limitation, all <br />mining rights, privileges, franchises, and immunities of every kind and nature whatsoever <br />that are necessary or convenient, or Lessee in its judgment shall deem necessary or <br />convenient, for carrying on mining operations. <br />2. Term. Tlie Lease is effective as of January 1, 2008 and terminating on December 31, <br />2012, with certain rights of termination. Thereafter, if the Lessee is not in default under <br />any of the; terms of the Leases, the Lease shall automatically extend or renew by Lessee <br />for one (1) year terms. <br />3. Incorporation of Lease. The provisions set forth in the Lease axe hereby incorporated <br />into this Pvlemorandum as if set out in full herein. In the event of any conflict or <br />inconsistency between the terms of this Memorandum and the terms of the Lease, the <br />terms of t:he Lease shall govern and control for all purposes. <br />4. Effect of Memorandum. The sole purpose of this Memorandum is to give notice of the <br />Lease. This Memorandum shall not modify in any manner the terms, conditions or intent <br />of the Lease and the parties agree that this Memorandum is not intended nor shall it be <br />used to interpret the Lease or determine the intent of the parties. <br />