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AMENDMENT TO MINE SERVICE AGREEMENT <br /> THIS AMENDMENT made as of this 1st day of May, 1991 <br /> between MID-CONTINENT RESOURCES, INC. (MCR) and PITKIN IRON <br /> CORPORATION, (PITKIN) , <br /> WITNESSETH: <br /> WHEREAS, the parties entered a Mine Service Agreement <br /> dated July 5, 1988 contemplating continuous operation of the Coal <br /> Basin mines of MCR, <br /> WHEREAS, MCR' s Coal Basin mines were idled as of January <br /> 25, 1991 thereby suspending requirements for packwall aggregate, <br /> rock dust, and magnetite until mining is resumed. <br /> WHEREAS, metering on electricity provided by Public <br /> Service Company of Colorado to the Limestone/Magnetite Plant, and <br /> to MCR's Unit Train Loadout, offices and related facilities was <br /> transferred to PITKIN as of February 15, 1991 and PITKIN has been <br /> paying the cost thereof since that time including electricity for <br /> MCR' s offices. <br /> WHEREAS, such changes require modification of the Mine <br /> Service Agreement. <br /> THEREFORE IN CONSIDERATION of the premises and the mutual <br /> covenants contained herein IT IS AGREED AS FOLLOWS: <br /> 1. Until mining resumes, PITKIN shall continue to pay <br /> for electricity in accordance with present arrangements with Public <br /> Service Company of Colorado for the limestone/magnetite plant and <br /> for MCR' s offices, yard lights and related facilities. MCR shall <br /> reimburse PITKIN for electricity used by MCR_,at the rate of $1, 000 <br /> per month commencing with the month of March, 1991 and continuing <br /> during such time as the electricity is metered to PITKIN. <br /> 2. During the period that MCR' s mines are idled, <br /> limestone quarried from the Mid-Continent quarry shall be for the <br /> account of PITKIN, and shall not be billed to MCR in accordance <br /> with Paragraph 11 of the Mine Service Agreement. It is recognized <br /> that limestone in stockpile prior to the date hereof is being sold <br /> to other customers by PITKIN and accordingly the charges invoiced <br /> to MCR at $6. 50 per net ton therefor shall be credited to MCR. <br /> 3. Limestone quarried and stockpiled from and after the <br /> date hereof shall be the property of PITKIN, subject to the <br /> condition that when mining resumes and rock dust or packwall <br /> aggregate are required, MCR or its successor may acquire quantities <br /> in stockpile by reimbursement to PITKIN at $6. 50 per ton in <br />