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STATE OF COLORADO
<br />.STATE BOARD OF LAND COMMISSIONERS
<br />Department of Natural Resources
<br />AMENDED,Al. RESTATED COAL MINING LEASE NO. CO 598
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<br />THIS AMENDED AND RESTATED COAL MINING LEASE (the "Lease"), made in duplicate and entered
<br />into this 1st day of December , 1996 , by and between the State of Colorado, acting through its STATE BOARD
<br />OF LAND COMMISSIONERS, hereinafter referred to as Lessor, and Seneca• Coal Company
<br />1300 South iWe,-Fla staff. AZ 86001
<br />hereinafter referred to as Lessee:
<br />WITNESSETH: Lessor; for and in consideration of the sum of Eighteen Thousand, Two Hundred Twenty-
<br />Six and No/100 ---- ( $ 18.226.00 receipt of which is hereby acknowledged as payment of filing fee in the
<br />amount of $ 20.00 , first year's rent in the amount of $ 4,206.00 ;'first year's advance minimum royalty in the
<br />amount of $ 14,000.00 , and a bonus in the amount of $ -0- , and in further consideration of Lessee's agreement
<br />to pay three and no/100 Dollars ( $ 3.00 ) per acre annually as: rental in advance of the anniversary date of this
<br />Lease so long, as this Lease shall remain in effect; and in Wad.r..consi$eration of the terms, conditions and.
<br />agreements herein and of the payments of annual rentals and royalties reserved herein, to be kept and performed
<br />by Lessee, its successors. and assigns, does hereby lease to Lessee the right and privilege of exploring and
<br />prospecting for, and mining U-iin ttaking of coal from the lands herein described, situated in the County of Routt ,
<br />State of Colorado, to-wit: ..?,a.
<br />ACRES SUBDIVISION SEC.TWP.RGE. PATENTS
<br />321.84 Lots 3-4;5/2NW/4;SW/4 :3-5N-87W None
<br />00
<br />320
<br />. ,..
<br />W/2.. ......10= - N-87W' None
<br />.
<br />480.00 W12; SE/4 15-5N-87W
<br />' None
<br />280.00 NE/4;'W/2SW/4;NE/4SE/4 '
<br />-16-5N-87W None
<br />FUND: School
<br />containing 1,401.84 acres, more or.less (such coal and the following related rights being hereinafter call "the
<br />Leased Premises"), together =the right to use as much of the surface'above the Leased Premises as may be
<br />reasonably requited in the exercise of the right to mine; including strip mining and underground mining with the
<br />right to subside the surface, and with the right to enter upon the surface to conduct subsidence monitoring and
<br />surveying, and to conduct surface subsidence remediation and repairs as required by law; the right to conduct
<br />environmental monitoring, surveying 'and assessments and the. right to reasonable ingress and egress; the right to
<br />construct buildings, make excavations, stockpiles, dumps, drains, roads,•railroads, power lines, pipelines and other
<br />improvements as may be reasonably necessary in the mining and removal of, said coal, to the extent Lessor has
<br />the authority to grant such; subject, however, to all existing easements and rights-of-way of third parties, and the
<br />rights of surface lessees and surface patentees, and further subject to the terms, conditions and agreements set out
<br />in this Lease. The above-mentioned rights may be exercised in connection with mining or development on the
<br />Leased Premises, or with mining or development on other, or adjacent lands so long as Lessee is not in default
<br />under the terms of this Lease and Lessee continues to pay to Lessor, any and all royalties or rentals due under the
<br />terms of this Lease. The above rights to use the State lands above the Leased Premises without mining on the
<br />Leased Premises will be at the discretion of Lessor; but if Lessee is, has been, or. will be conducting mining
<br />operations upon the Leased Premises, such tights shall be vested inLessee.
<br />01,
<br />RESERVING, howe?r"to the State of Colorado:
<br />A. All rights and privileges of every kind and nature, except 'as are herein specificalIy granted.
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