Laserfiche WebLink
COAL STORAGE AND LOADING FACILITY AGREEMENT <br />THIS COAL STORAGE AND LOADING FACILITY AGREEMENT (hereinafter <br />"Agreement ") is made as of tQ1 day of September 2010, by and between Kem Valley <br />Railroad Company, a Nevada corporation ( "Lessor "), and New Elk Coal Company LLC, a <br />Kansas limited liability company ( "Lessee "). <br />WITNESSETH: <br />WHEREAS, Lessor owns certain property known as the Jansen Yard, which is more <br />particularly described on Exhibit A hereto (the "Jansen Facility"). The Jansen Facility includes: <br />(i) coal stockpile areas; (ii) loadout areas to allow the movement of coal from the stockpile areas <br />onto railroad cars to be located at the Jansen Facility; and (iii) railroad tracks located at the <br />Jansen Facility at approximately Mile Post 2.0 east to the interchange with the Burlington <br />Northern Sapta Fe Railroad ( "BNSF ") railhead at Mile Post 0.0; <br />WHEREAS, Lessor desires to grant Lessee exclusive right to lease and use the Jansen <br />Facility for purposes of storing coal and loading such coal onto rail cars to be located at the <br />Jansen Facility; <br />WHEREAS, Lessee owns and operates the coal mine located approximately 30 miles <br />west of the Jansen Facility ( "New Elk Mine ") and Lessee desires to enter into a lease agreement <br />with Lessor for the exclusive use of the Jansen Facility for purposes of storing coal mined by <br />Lessee or others and loading such coal onto railroad cars located at the Jansen Facility; <br />WHEREAS, Lessor and Lessee intend to enter into a separate written agreement <br />concerning the lease of the railroad right -of -way between MP 0.0 and MP 15.0 and the <br />assignment of Lessor's trackage rights between MP 0.0 and MP 15.0 to a hereafter named <br />designee of Lessee; and <br />WHEREAS, Lessor agrees to enter into an interchange agreement with BNSF for the <br />delivery and removal of rail cars at the Jansen Facility for the benefit of NECC ( "Interchange <br />Agreement "). <br />NOW, THEREFORE, in consideration of the premises, the mutual covenants and the <br />other good and valuable consideration as set forth herein, Lessor and Lessee agree as follows: <br />ARTICLE 1 <br />TERMAND SCOPE OFAGREEEMENT <br />1.1 Lease of Jansen Facility That for and in consideration of the minimum rentals, <br />shipment royalties and facility rental to be paid by Lessee to Lessor as hereinafter stipulated, and <br />of the covenants, provisions, stipulations and agreements hereinafter contained on the part of <br />Lessee to be kept, performed and observed, Lessor hereby exclusively leases to Lessee, and <br />