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STATE OF COLORADO
<br />.STATE BOARD OF LAND COMMISSIONERS
<br />Department of Natural Resources
<br />AMENW RESTATED COAL MINING LEASE NO. CO 5
<br />THIS AMENDED AND RESTATED COAL MINING LEASE (the " Lease "), made in duplicate and entered
<br />into this 1st day of December , 1996 , by and between the State of Colorado, acting through its STATE BOARD
<br />OF LAND COMMISSIONERS, hereinafter referred to as Lessor, and Seneca• Coal Company
<br />1300 South Yale -Flagstaff AZ 86001
<br />hereinafter referred to as Lessee:
<br />WITNESSETH: Lessor; for and in consideration of the sum of Elghteen Thousand, Two Hundred Twe t -
<br />Six and No /100 ----- ($ 18,22600 ), receipt of which is hereby acknowledged as payment of filing fee in the
<br />amount of $ 20.00 , first year's rent in the amount of $ 4,206.00 ;'first year's advance minimum royalty in the
<br />amount of $ 14,000.00 , and a bonus in the amount of $ -0- , and in further consideration of Lessee's agreement
<br />to pay three and no /100 Dollars ( $ 3.00 ) per acre annually as rental in a pane of the anniversary date of this
<br />Lease so long. as* this Lease shall remain in effect; and in further- eratiom of the terms, conditions and.
<br />agreements herein and of the payments of annual rentals and royalties reserved herein, to -be kept and performed
<br />by Lessee, its successors and assigns, does hereby lease to Lessee the right and privilege of exploring and
<br />prospecting for, and mining of a taking of coal from the lands herein described, situated in the County of Rou tt ,
<br />State of Colorado, to-wit:
<br />ACRES
<br />SUBDMSION
<br />SEC.TWP.RGE.
<br />PATENTS
<br />321.84
<br />Lots 3- 4;S/2NW/4;SW /4'•••
<br />:3- 5N -87W
<br />None
<br />320.00
<br />:.W /.2'• °:.... ,:, ., i:.-
<br />.104N -89W'
<br />None
<br />480.00
<br />W /2; SEM '
<br />15-5N-87W:
<br />None
<br />.. ,.
<br />280.00
<br />NE /4;,W/29W /4;NE /4SE /4
<br />16-5N-87W '
<br />None
<br />FUND: School
<br />containing 1,401.84 acres; ;ore or less (such coal and the following related rights being hereinafter call "the
<br />Leased Premises"), togetheAvAh• the right to use as much of the surface *above the Leased Premises as may be
<br />reasonably required in the exercise of the right to mine; including strip mining and underground mining with the
<br />right to subside the surface, and with the right to enter upon the surface to conduct subsidence monitoring and
<br />surveying, and to conduct surface subsidence remediation and repairs as required by law; the right to conduct
<br />environmental monitoring, surveying 'and assessments and the right to reasonable ingress and egress; the right to
<br />construct buildings, make excavations, stockpiles, dumps, drains, roads,'railroads, power lines, pipelines and other
<br />improvements as may be reasonably necessary in the mining and removal of said coal, to the extent Lessor has
<br />the authority to grant such; subject, however, to all existing easements and rights -0f - -way of third parties, and the
<br />rights of.surface lessees and surface patentees, and further subject to the terms, conditions and agreements set out
<br />in this Lease. The above - mentioned rights may be exercised in connection with mining or development on the
<br />Leased Premises, or with mining or development on other-or adjacent lands so long as Lessee is not in default
<br />under the terms of this Lease and Lessee continues to pay to Lessor, any and all.royalties or rentals due under the
<br />terms of this Lease. The above rights to use the State lands above the Leased Premises without mining on the
<br />Leased Premises will be at the discretion of Lessor; but if Lessee is, has been, or will be conducting mining
<br />operations upon the Leased Premises, such rights shall be vested iuilessee. ,
<br />RESERVING, howel ;a'to the State of Colorado:
<br />A. All rights and privileges of every kind and nature, except 'as are herein specifically granted:
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