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i:. <br />snox 892PAcf 494 <br />(e) to use water rights appurtenant to the Benson West Property (e.g. springs,. <br />1 wells, private ditches, etc. including 45 shares of Colorado Cooperative Water Stock) as are <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 annual water <br />assessment on the 45 shares of Colorado Cooperative Water stock which are owned by Lessor, <br />provided Lessor forwards bill within 10 days of receipt. Lessor may use the surface of the Benson <br />West Property for 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 West Property, the Lessee will cause the Benson West Prop to be <br />planted as necessary, and may contract with Lessor erly <br />to farm <br />Lessee's specifications. Lessee guarantees to Lessor th West Property to the <br />at after the the , Be the <br />Benson W <br />as Irrigated farmland so as to be fully functional for the production of ir9 gated g pas p will be put back hay <br />to the extent that it now is, as required by 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 West Property at Lessors expense any buildings, structures or other personal property <br />of Lessor which will, in Lessee's opinion, interfere with Lessee's exercise of said Rights, but failure <br />of Lessor to remove same after having had at least six (6) months to do so, then Lessee may at its <br />expense, but without any liability to Lessor remove or destroy same. <br />Lease. 6 • EkWa<tifls. Lessee agrees to pay Lessor such royalties as are provided in the Coal <br />6. S W - . ecaors , All covenants, terms and conditions of the Coal Lease shall 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. EfffiCLQLAQraaMW 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 />8. Cnal l apace 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 Western 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 FUELS - COLORADO, A LIMITED LIABILITY COMPANY, <br />LESSEE: <br />BY <br />STATE OF COLOl2ADp <br />COUNTY OF ADAMS ) <br />%) The foregoing instrument was acknowledged before me this 24thUay of _January. <br />Attachment 2.03.6 -1 -45 <br />