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Home My WebLink About921115 ......-.....,... . , -"""'--'''''"'''"''-' ·000603 LEASE THIS AGREEMENT is made this / If If, day of (i,,-? c.--<7 ',..........-- , 2903 between THE PITTSBURG & MIDWAY COAL MINING CO., a Miss6uri corporation (hereinafter "Lessor"), and PacifiCorp, an Oregon corporation (hereinafter "Lessee"). I 1. Lease. Lessor, in consideration of the rents and covenants herein agreed to be paid and performed by Lessee, does hereby demise, lease and let, and Lessee does hereby hire and take :trom Les'sor, the surface only of the foIIowing described premises located in the County of Lincoln and State of Wyoming, for the sole purposes set out in Section 3 "Uses", to-wit: Parcel "A" - Pumpin¡! Site: A portion of Tract 38, Township 21 North, Range 116 West, 6th P.M., commencing at the South section comer common to Sections 35 and 36; thence N67°52'E a distance of 1756' to the point of beginning; thence S49°00'E a distance of 138', to a point on the West right-of-way boundary line of the Union Pacific Oregon Short Line Railroad; thence in a southeasterly direction along the right-of-way curve of the West right-of- way boundary line of said Union Pacific Railroad a distance of 386'; thence N49°00'W a distance of 920'; thence N41 °OO'E a distance of200'; thence S49°00'E a distance of 452' to the point of beginning, containing 3.446 acres, more or less. Parcel "B" - Reservoir Site: SW'i4 SE'i4 SE'i4, Section 35, Township 21 North, Range 116 West, 6th P.M. Parcel "C" - Waterline Easement - Existing Line: An easement 1 00 feet in width the centerline of which is the existing water line, across portions of the foIIowing described tracts: Section 5, Township 20 North, Range 116 West, 6th P.M.: Lot 1 Lot 2 Lot 3 Lot 4 S~ Section 7, Township 20 North, Range 116 West, 6th P.M. Lot1 RECEIVED 8/9/2006 at 3:34 PM RECEIVING # 921115 BOOK: 629 PAGE: 603 JEANNE WAGNER W::~~:f:¡!¡:::::OLN COUNTY CLERK, KEMMERE'...'-,..:,;.:!,..f,_:':,T,¡~:m:;: '~;:;;::::;il~~:;:i;: __ ¡'o 10<0':21"" ",1 co l..k..v. .. ~ .1.....!i,.J¡ n:æ~~¡¡¡~ .,.................. , ',~" ", ','," - "'."'-' 000604 Lot 2 Lot 3 Lot 4 E~ ofW'h E~ Section 8 NWY4 SWY4 Resurvey Tract 38, Township 21 North, Range 116 West, 6th P.M.: Tract K Tract L Resurvey Tract 107, Township 21 North, Range 116 West, 6th P.M. Parcel "D" - Waterline Easement - Extension Line: An easement 1 00 feet in width, across portions of the following described tracts: Section 1, Township 20 North, Range 117 West, 6th P.M.: S'h NWY4 SWY4 S~ SWY4 SWY4 SEY4 The above described properties are hereinafter referred to as the "Leased Premises." 2. Term. This Lease shall continue for a term of twenty (20) years from the date first written above unless sooner terminated under Section 6 or 10. 3. Use. Lessee shall have the right to use Parcels "A", "B" and "c" of the Leased Premises solely for the maintenance and operation of the existing pumping station, 8" water supply line and reservoir located on the Leased Premises which were previously constructed and operated by FMC Corporation and Astaris Production LLC. Additionally, Lessee shall have the right to construct, operate and maintain an extension to this existing water supply line across Parcel "D" of the Leased Premises, provided that any such line is buried at a depth of no less than three feet. (The pumping station, reservoir, water supply line and waterline extension are collectively called the "Facilities".) Upon completion of any waterline extension across Parcel "Ð", Lessee shall provide Lessor with an "as-built" survey of the line. Lessee shall have the right of ingress and egress to and from the Leased Premises along existing trails and roads for these purposes. Lessee shall not have any obligation to conduct or complete any of the activities contemplated herein. Lessee shall consult with Lessor prior to any surface disturbance in an effort to plan and schedule such surface disturbance in such a manner Ji; "1\ ;;¡¡ "'~ ,4)1. ¡'-.. \..p ......1. '-& ~..!. 41!...- t,þ 000605 so as not to unreasonably interfere with Lessor's existing use of the Leased Premises and to minimize damage to the Leased Premises. The Lease of the Leased Premises unto Lessee shall not in any way interfere with, limit or hinder Lessor in the operatï'on of its business; provided, such operations shall ,not interfere with the use of the Leased Premises by Lessee for the purposes hereinabove specified, and Lessor expressly reserves unto itself the right of ingress and egress, including, but not limited to, the right of Lessor and/or its lessees of ingress and egress to the Hamsfork River, traversing Parcel "A" of the Leased Premises, for the purpose of watering livestock. This Lease is expressly made subject to all surface grants of record or discernible from inspection of the Leased Premises. 4. Rent. Upon execution of this Lease and on or before each anniversary thereof, Lessee shall pay to Lessor a rental in the amount of One-Hundred Dollars ($100.00) for each full year in which this Lease is in effect. All payments made by Lessee to Lessor shall be tendered to the following address: The Pittsburg and Midway Coal Mining Co. PO Box "/ ]oo'f 5 Dallas, TX 75373-0045 5. Indemnity. Lessee shall save Lessor hannless from and indemnify it against ~my and all loss, damage, claims, demands and causes of action, including all costs and expenses to Lessor incident thereto, which may result from injury to or death of persons whomsoever, or loss of or damage to property or property rights whatsoever, or any such injury, death, loss, damage, claim, demand Qr cause of action arising or in any way growing out of the negligence or improper acts of Lessee. 6. Assignment. Lessee shall not assign or sublet this Lease, in whole or in part, without the consent in writing of Lessor, and any assignment thereof, whether voluntary or involuntary, without such consent in writing shall be absolutely void and shall tenninate this Lease; subject, however, to Lessee's right to assign or sublet this Lease without the consent of Lessor to the successors and assigns of Lessee's business, whether by merger, consolidation or other transfer of Lessee's business. Lessor's consent shall not be unreasonably withheld. The provisions of this Lease shall extend to the successors and assigns of either oftheparties hereto, 7. Reclamation and Repair. Lessee shall compensate Lessor for all damages to . Lessor's growing crops, pasture, fences, livestock and other real or personal property improvements caused by the construction, maintenance, repair, replacement or removal of the Facilities. Further, Lessee shall restore the easement within a reasonable time following the completion of construction of a waterline extension on Parcel "D",. Restoration shall include, where necessary, final grading, reseeding and installation of erosion control structures~ '" 8. Property. Title to the Facilities and equipment installed on the Leased Premises, by Lessee or by Lessee's predecessor shall remain with Lessee and shall be personal property, regardless of location or mode of attachment to realty, and all such property, except buried waterlines, shall be removed by Lessee within ninety (90) days of the expiration of this Lease. Lessee shall use its best efforts to return the land to as near as possible to its original condition.i !~¡¡i¡m~m~m~mm :'/I]~!fI: " .. '..< ,.. -I. ,cJ :t'''! C' 4.1 ~j ø'~. _IL~' ..!L d 000606 9. Notices. All notices, requests, demands, rent payments and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addressed: If to Lessor, to: If to Lessee, to: The Pittsb\ITg & Midway Mining Co. 4601 DTO Blvd, 6th Floor I Denver, CÇ) 80237 Attn: Land Manager PacifiCorp Naughton Plant PO Box 191 Kemmerer, WY 83101 Attn: Pete, Steinbrenner, Plant Manager 10. Default. In the event of Lessee's default in the perfonnance of its obligations hereunder, on ten (10) days' prior written notice from Lessor to Lessee, Lessor shall be entitled to take such action as is pennissible under the laws of the State of Wyoming. 11. Conflict of Interest. Conflicts of interest relating to this Lease are strictly prohibited. Except as otherwise expressly provided herein, neither Lessee nor any employee or agent of Lessee, shall give to or receive from any director, employee or agent of Lessor any gift, entertainment or other favor of significant value, or any commission, fee or rebate. , Attest: The Pittsburg & Midway Coal Mining Co, --1 JJ.~J ~¿ Title:~~ L~I / Byc?ð.d-· fr Title: \/ / t.ePt( ¿ :>10 t'!!:v ¡- .1././1 liVL Attest: PacifiCorp ~nÞ'L-9 ~~. Title: â¿?1JflJý-hvi;t¿. ¿J5øi;i~n;/- ilL, S~ By Title:jJ1t1j/Jct(j-~ t1if- Díredo,' Remainder of fJQfze is blank · '1 ".{),'),'14 "~ ;c"" ~\} ...:J %r: J.. .,.,$:/",..--1) ,000607 I I STATE OF COLORADO CITY & COUNTY OF DENVER ) ) SS. ) My commission expires 1/;U; 10 ~ ~bliC~ STATE OF tJú~ COUNTY OF l¡~eoGt ) ) ss. ) the· ent was acknowledged before me by of Pacifi Corp, on behalf of the corporatio stm. OF WYOUING MY COMMISSION EXPIRe~ JUt.v '0. 2008 My commission expires 7//6 /00 I / Not~ (6tfcud (~¡ ¡1¡~ Il¡~!m¡l~~j i i!::