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Sl,IN COAL ~~. "° ~ ~` r~ : € w Arvada Office Park' III III~II~II~~II ~II Lx~ ~~ - --' =' '- ~440 V1lard R 80002210 999 ~ U! ? ~ t938 AN3da, C~ SETTLr'!ENT AGREz~NT AND kELEASE ;~!•~~~-~~ ~,r~D itEG~A ;;;-. i t,')N ~'l'JiStON THIS SETTLEMENT AGREElfENT AND RELEASE is made as of thel(Ec'iday of July, 1988 by and between JOHN A. EILTS and ALLIE M. EZLTS (hereinafter collectively referred to as "Silts") and SUN COAL COMPANY, INC., a Colorado corporation (hereinafter referred co as "Sun Coal"). WHEREAS, Silts and Sun Coal entered into an Amended and Restated Coal Mining Lease on May 15, 1975 (hereinafter referred to as "the Lease"); and WHEREAS, Silts and Sun Coal entered into a Stipulation of Judgment and Decree, Settlement Agreement and Hucual Release on October 26, 1983, which vas approved by the Cou.-t on November 1, 1983 (hereinafter referred to as "the Stipulation"); and WHEREAS, Sun Coal has designed, constructed and maintained a road previously used by Sun Coal as a hau.1 road during its coal mining operations and referred co in the Stipulation as the haul road (hereinafter referred to as "the Road") on the real property leased to Sua Coal under the terms of the Lease and the Stipulation (hereinafter referred to as "the Leased Premises") which real property is under the jurisdiction and authority of the Colorado '!fined Land Reclamation Division (hereinafter referred to as "NERD"); and Sv'3ERE.95, Sun Coal has filed with the :~?RD a surety bond to secure the reclamation by Sun Coal of the Road under conditions set forth by the HERD; and WHEREAS, Sun Cczl cos reclaimed the Road pursuant co the requirements of the MLRD, which reclamation hzs been performed to the satisfaction of the '_!'.RD; and -- - _ _ _ ;~~S~REAS;'~~the present condition of:ihe_Road is.acceatable-and .appropriace.to~ r.r - - .v... ~ .~-.au-..r.r.....~.-r...u~..Dlr..-u.+~~.._a+'u.~~....1~~..~.-.:.min:. ~~..... TY.u. r.4-..-~..a.-...-i. .)~r. Silts-for.-its future-intended use as a:ranch:ng/industri~l~use,:roadq_,;aad.~'~ WHEREAS, Sun Coal wishes to secure the release by the HERD of the surety bond and release of any zed zli liability and responsibility for the maintenance and repair of the Road; and 'idHEREAS, Silts also wants Sun Coal's surety bond'released and Sun Coal released-.from all further liability f_or _t he Road and to obtain for themseives~' all responsibility and liability for the Road from and after the date of such n releasep