Fill and Sign the Surface Use Agreements What They Are and How to Get Form

Page 1 of 3 AMENDMENT AND WAIVER OF SURFACE LEASE RENTAL AGREEMENT STATE: COUNTY: LESSOR: LESSEE: On _____, Lessor and Lessee, named above, entered into a Surface Lease Rental Agreement (the “Rental Agreement”) providing for Lessee to lease from Lessor the surface of the following lands in _____ County, _____: (Description of Lands) This Rental Agreement provides for a term, with the payment of rentals, until _____. Lessor desires to enter into an Option and Contract of Sale Agreement (the “Option Agreement”) providing for the sale of _____ acres out of the lands that are subject to the Rental Agreement. A condition of that Option Agreement is that Lessor obtains a waiver of a part of Lessee’s rights under the terms of the Rental Agreement, and an Amendment to the Rental Agreement, insofar as the Rental Agreement covers the lands that are subject to t he Option Agreement. The Option Agreement, a copy of which has been provided to Lessee, grants the “Buyer” in the Option Agreement certain rights, during the Option Term of that Agreement, and on B uyer electing to exercise its right to purchase the _____ acre tract of land that is the subject of the Option Agreement and to be conveyed those lands, subject to certain retained rights by Le ssor, the “Seller” in the Option Agreement. For adequate consideration, making reference to the Option Agreement for the definition of terms, which shall have the same meaning in this Amendment and Waiver, Lessee agrees that the Rental Agreement is amended in the manner set out below, and to the exte nt any of Lessee’s rights under the Rental Agreement may be extinguished by the sale of lands by Lessor, under the terms of the Option Agreement, Lessee waives its rights under the Rental Agreement. 1. Lessee agrees that Buyer, in the Option Agreement, shall have free and uninterrupted access, at all times, to the lands that are the subject of the Option Agreem ent (the “Lands”) to conduct all investigations and testing as provided for in Section _____ of the Option Agreement , and pay any compensation for damages, as provided for in that Section. 2. If Buyer, in the Option Agreement, elects to exercise its option to purchase the L ands from Lessor: Page 2 of 3 A. As to those lands that are determined to be the “Secure Area,” as described in Section _____ of the Option Agreement, the Rental Agreement shall be deemed termi nated as of the date Lessor delivers a Deed to Buyer, and no longer in force and effect, and Lessee shall have no further rights to make use of the Secure Area Land, for any purpose. If Lessee has prepaid rent for the year in which Buyer exercises its option under the Option Agreement, Lessor shall compel Buyer to reimburse Lessee for rents paid on the Secure Area Land, prorated for the ti me period for which rentals were paid after the Rental Agreement is deemed to have te rminated as to the Secure Area Land. B. As to those lands that are determined to be “Open Lands,” as described in Section _____ of the Option Agreement, the Rental Agreement shall be deemed to be of no further forc e and effect as to the Open Lands. All rentals which Lessee may pay on the Open Lands shall be paid to Lessor. As to the Open Lands, Lessee shall not make any improvements on those lands without Buyer’s prior written consent, and Lessee shall have no rights to accept offers for damages or the use of water without Buyer’s prior written consent. Buyer shall compensate Lessee for any use of the Open Lands, if that use exceeds sixty (60) days, in an amount not to exceed the rental Lessee pays for the lands used by Buyer. C. Notwithstanding the provisions of Section 2.B. above of this Amendment to the Rental Agreement, at any time after Buyer purchases the Lands from Lessor, Buyer may elect to terminate the Rental Agreement as to the Open Lands. In that event, Buyer shall reimburse Lessee for any unearned rentals, attributable to the Lands, which Lessee has paid t o Lessor, and Lessee shall deliver to Buyer a release of the Rental Agreement on the Open Lands. 3. Lessor agrees that Lessee may elect to partially terminate the Renta l Agreement as to the lands that are the subject to the Option Agreement, by not paying rentals on the Option Agreement Lands, when they come due. In that event, the Rental Agreement will be deemed amended to cover only the remainder of the lands subject to the Lease Rental Agreement. 4. Lessee agrees to execute any additional instruments as Lessor and Buyer may reasona bly request to evidence Lessee’s agreement to the terms of this Amendment and Waiver of the Rental Agreement, including a partial or full release of the Rental Agreement as to lands subject to the Option Agreement, if and when Buyer exercises its rights under the Option Agreement and Lessor delivers a Deed to Buyer for the Lands. 5. Lessor agrees to obtain the approval and consent to the terms of this Amendment a nd Waiver of Rental Agreement from the Buyer in the Option Agreement. This Amendment and Waiver of the Rental Agreement is signed by Lessor and Lessee on the date opposite each of their names, but shall only be effective on the effec tive date of the Option Agreement. The terms and provisions of this Amendment and Waiver, if and when it becomes effective, shall be binding on Lessor and Lessee and their respective heirs, suc cessors, and assigns. Page 3 of 3 Date:Lessor Date: Lessee Agreed to on ________________________ ___________________________________ (Buyer under Option Agreement) (Acknowledgments)