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Itnilk 892rAcF 499 <br />Benson East Property is situated, or any township contiguous to said township($,; <br />and (d) to use and to remove sand, gravel and scoria on the Benson East Prope <br />P rly; <br />wells (a) to use water rights appurtenant to the Benson East Property <br />private ditches, etc. including 45 shares of Colorado Cooperative Water to k)sasnarse <br />necessary and convenient for Lessee. Lessor warrants that it owns such water rights and will allow <br />Lessee to use such water. Lessee will pay, for the duration of this lease the <br />assessment on the 45 shares of Colorado Cooperative Water stock whi <br />provided Lessor forwards bill within 10 days of receipt, annual water <br />East Property P Lessor may use the surface of the Benson <br />p rty far farming or any other use until Lessee elects to exercise its Rights stated above, <br />If Lessee, in fulfillment of its legal obligations to reclaim mine lands, undertakes farming activity on <br />any portion of the Benson East Property, the Lessee will cause the Benson East Property <br />Planted as necessary, and may contract with Lessor to farm the Benson East Property <br />Lessee's specifications. Lessee guarantees to Lessor that after mining, the roe P pu o be <br />as irrigated farmland so as to be fully functional for the production of irrigated grass Pasture and hay <br />to the extent that it now is, as repaired b property � �nrtll be put back <br />y mining permits issued by the State of Colorado. <br />Before Lessee commences to exercise the Rights specified in (b) above, Lessor may remove from <br />the Benson East Property at Lessor's expense any buildings, structures or other personal property <br />Of Of Lessor which wilt, in Lessee's opinion, interfere with Lessee's exercise of said Rights, but failure <br />expense, but without any e liability to Lessor sor re or destroy same, do so, then Lessee may at its <br />Y <br />5 <br />Lease. BOYAWe i. Lessee agrees to pay Lessor such royalties as are provided in the Coal <br />s' ! • •eccor Ali covenants, terms and conditions of the Coal Lease shalt run with the <br />land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, <br />successors and assigns of the parties to this Memorandum. <br />7. Frro . _ _ This Memorandum Agreement for Surface Coal Mining Lease <br />Is subject to the terms and provisions of the Coal Lease, and shall not be construed as a change, <br />modification, amendment or enlargement of said Coal Lease. <br />a. COALLeasa. An original copy of the Coal Lease is maintained at the offices of lessee <br />and more information concerning it may be requested by contacting Eastern Fuels Association, Inc., <br />405 Urban Street, Suite 305, Lakewood, Colorado 80228, <br />IN WITNESS WHEREOF, the parties have caused this Memorandum Agreement for Surface <br />Mining Coal Lease to be duly executed as of the day and year first above mentioned. <br />WESTERN FU ELS - COLORADO, A LIMITED LIABILITY COMPANY, <br />LESSEE: <br />BY <br />J STATE OF r nrnAam <br />Attachment 2.03.6 -1 -38 <br />