Laserfiche WebLink
specified in (b) above, Lessor may remove from the Property at Lessor's expense any buildings, <br />structures or other personal property of Lessor but if Lessor fails or neglects to remove the same <br />after having had at least ninety (90) days to do so, then Lessee may at its expense, but without any <br />liability to Lessor remove or destroy the same. Lessee would solicit Lessor's input regarding the <br />crops to be planted during reclamation of Parcel A or Parcel B. However, Lessee would be bound <br />by the terms of the permit issued by Colorado Division of Minerals and Geology which will specify <br />return of the land to existing or better uses. <br />(e) Lessee owns and reserves the right to mine coal under the surface traded to <br />Lessor, as Parcel B, under Section 2. There is no specific plan to mine this coal at this time. <br />However, if and when Lessee decides to mine this coal, Lessor shall fully cooperate with Lessee in <br />order for Lessee to carry out all special rights granted under Section 4(a) through 4(d) of the Lease. <br />Lessor specifically grants these rights to Lessee for Parcel B, if and when necessary to mine the <br />coal under that property, except Lessor does not grant the rights described in 4(b) and 4(c) for <br />areas within Parcel B not required for mining or for the homesite area situated to the South of the <br />Third Lateral Ditch, to the north of the mined out area and from County Road 2600 1520 feet to the <br />east of County Road 2600. Lessor does grant Lessee the survey rights described in 4(a) for the <br />homesite. Lessor also grants and guarantees Lessee all necessary access for current and ongoing <br />reclamation work on Parcel B. <br />Lessee need not pay any additional consideration to Lessor for reserving the coal reserves <br />and future mining rights underlying Parcel B, since Lessee owns these rights. However, Lessee will <br />provide just compensation for damages to the surface of Parcel B and related improvements, if and <br />when Lessee mines the Parcel B coal. The terms for using the surface are outlined in the Lease <br />and Contract to Exchange Real Property. <br />(f) Lessor hereby grants to Lessee, the option, for ten (10) years after the expiration or <br />termination of the lease on Parcel B, to lease temporary rights -of -way on Parcel B property for <br />facilities for any requirement of its mining activities in the township(s) in which the properties are <br />situated, and any township contiguous to said township(s). Lessor and Lessee shall mutually agree <br />upon the location of rights -of -way, but Lessor shall not unreasonably withhold its consent to <br />Lessee's request. Lease payments for said rights -of -way shall be determined in the same manner <br />as stated in Section 4e, for the area actually used for such right -of -way. <br />No provision of the Lease shall be construed to deprive Lessor or his successors of the <br />exclusive right to determine the uses to which property B is to be put or the methods used subject <br />to Lessee's right to development of its mineral interests and subject to reclamation obligations <br />determined by Division of Minerals & Geology. Upon successful reclamation and release of <br />reclamation bond, this area will be released unconditionally to Lessor. <br />i <br />Attachment 2.03.6 -1 -32 <br />