2012-06-20_PERMIT FILE - C2010089 ‎(68)‎

• Permit No: C2010089
• IBM Index Class Name: PERMIT FILE
• Doc Date: 6/20/2012
• Doc Name: Rice Purchase Agreement
• Section_Exhibit Name: Appendix 2.03.6-1‎(b)‎
• Media Type: D
• Archive: No

esend08- 11- 09 :12:02PM;
BOOK 829144813
ADDENDUM TO ESCROW PURCHASE AGREEMENT
THIS ADDENDUM is made between Donald J. Rice and Marianna Rice
(hereinafter "Sellers ") and Peabody Coal Company, a Delaware corporation
( hereinafter "Buyer ").
RECITALS AND ADDITIONAL. DEFINITIONS
Western Fuels Asso;970 864 2168 # 13/ 14
TAT OF COLOR, +.':7 t't;UNTY OF mamas%
ncr'Ont3 Ob.T 11 : . 01 . 1 A. 1 • 2 -133-92
ON 575559 RUTH r..HZATMRECORDS!
1. The parties are Sellers and Buyer, respectively, of certain real
estate and appurtenances located in Montrose County, Colorado, under the terms
of a certain Escrow Purchase Agreement dated June 27, 1978 (hereinafter the
"Agreement ").
2 :•
the said real estate and appurtenances will be referred to herein
Ub the "Property":
3: A Memorandum of the Agreement was duly recorded on August 1,
1978, in Book 659 at Page 729 (Reception No: 471931) of the records of Montrose
County, Colorado:
4: The Agreement contains provisions granting Sellers certain coal
royalties as additions to the purchase price.
5: The Agreement also contains proviaiona granting Sellers certain
rights of first refusal to repurchase the Property:
6: Buyer has notified Sellers of its intention'to sell the Property
(together with other adjacent real estate) to Western Fuels Association, Inc:
(hereinafter "Western Fuels ")•or Tri -State Generation and Transmission
Association, Ina. (hereinafter "Tri- State ") or an affiliate of• either Western
Fuels or Teri- State,
7.. Buyer has requested that Sellers waive their right of first
refusal as to said pending transaction only:
8: The Agreement is, arguably, ambiguous concerning the relationship
(or the lack thereof) between the provisions concerning Sellers' said coal
royalties and their rights of first refusal, which ambiguities the parties wish
to clarify and eliminate.
NOW THEREFORE, for and in consideration of the above Recitals, the
following mutual promises, covenants and agreements of the parties, and other
good and valuable consideration, the receipt and sufficiency whereof is hereby
confessed and acknowledged, IT IS AGREED
1: Sellers hereby consent to the sale and conveyance of 'the Property
by Buyer'to Western Fuels or Tri -State or to an affiliate of either of them
(collectively the "Assignee "): The conveyance of the Property to Assignee
shall specifically be "subject to" the terms and conditions of the Agreement
(as modified and clarified hereby) and the Assignee shall specifically agree to
be bound thereby in sail conveyance: