The Utah Subsurface Underground Storage Lease and Agreement (From a Surface Owner, With No Right to Use the Surface of the Lands being Granted) is a legally binding contract between a surface owner and a party seeking to utilize the underground storage capabilities of a property in Utah. This agreement grants the tenant exclusive rights to access and utilize the subsurface areas of the property for storage purposes while explicitly forbidding any surface use. Key Terms and Conditions: 1. Property Boundaries: The agreement clearly defines the boundaries of the property, delineating the surface area exclusively owned by the surface owner and the subsurface area available for storage purposes. 2. Subsurface Use: The tenant, as the lessee, is granted the right to access and utilize the subsurface areas for the storage of various commodities, materials, or resources as specified in the agreement. 3. Surface Restriction: The surface owner relinquishes any and all rights to use the surface of the property for any purpose throughout the term of the agreement. This restriction ensures that the lessee maintains exclusive control over the subsurface storage operations. 4. Term and Renewal: The lease agreement typically includes a specified term, during which the subsurface storage rights are granted. The parties may also include provisions regarding renewal options to extend the lease beyond the initial term. 5. Rent and Payments: The agreement outlines the rent or compensation to be paid by the lessee to the surface owner for the usage of the subsurface storage. The payment terms, frequency, and method of payment are all clearly defined. 6. Liability and Insurance: Both parties usually address the allocation of liability and insurance obligations. The lessee might be required to maintain comprehensive liability insurance, protecting both parties from potential risks and damages resulting from subsurface storage activities. 7. Environmental Compliance: The agreement often includes provisions ensuring that the lessee complies with all applicable environmental laws, regulations, and permits while conducting the storage operations. This helps safeguard the integrity of the property and surrounding environment. 8. Termination: The conditions for early termination by either party, such as breach of contract, force majeure events, or other specified circumstances, are outlined in the agreement. Types of Utah Subsurface Underground Storage Lease and Agreements: 1. Oil and Gas Storage Lease: This specific type of agreement grants the lessee the right to store oil and gas resources in suitable underground formations, ensuring secure storage and potential extraction in the future. 2. Carbon Capture and Storage (CCS) Lease: With growing concerns about greenhouse gas emissions, an agreement of this nature permits the lessee to store and sequester carbon dioxide underground. 3. Mineral Storage Lease: This lease agreement allows the lessee to store valuable minerals, ores, or other underground resources in the subsurface for various purposes, such as strategic reserves or market speculation. These various types of Utah Subsurface Underground Storage Lease and Agreements are tailored to meet specific storage needs and utilize the subsurface capabilities efficiently while ensuring legal compliance and preserving the rights of both the surface owner and the lessee.