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RECEIVED <br />DEC 112015 <br />WINTER ROAD MAINTENANCE AGREEMENT <br />Division of Reclamation, <br />THIS AGREEMENT is made and entered into this I4 , day of November, 2015, oning & Safety <br />and between the Board of County Commissioners of Ouray County, Colorado, (herein- <br />after referred to as "County") and 42 MWT Mining Company LLC, operator of the Ruby <br />Trust Mine (hereinafter referred to as "Company"). <br />MATERIAL to this agreement, County and Company make the following recitals: <br />A. Company operates the Ruby Trust Mine near the historic town site of Sneffels, <br />Ouray County, Colorado. <br />B. County Is responsible for the use and maintenance of Ouray County Road <br />361 (CR361) and Ouray County Roads 26 (CR26) and 26A (CR26A), the "Roads", but does <br />not provide regular maintenance of these roads during the winter months. <br />C. Company may need to remove snow from the Affected Portion of the Roads to <br />access its patented and unpatented mining claims during the winter. <br />D. County has an interest in supporting Company's mine operations to the extent <br />that resources are available to do so and without jeopardizing the availability of such <br />resources for other areas of Ouray County. <br />E. County and Company understand and acknowledge that the Affected Portion of <br />the Roads has a significant risk of avalanche danger. <br />F. Company and County recognize and agree that Company's use and snow <br />removal activities may result in damage to the Roads and Company shall be responsible for <br />repair of any such damage. <br />G. Company and County have reached an agreement regarding Company's <br />removal of snow from the Affected Portion of the Roads and, by this instrument, reduce their <br />agreement to writing. <br />NOW, THEREFORE, in consideration of the mutual covenants and promises contained <br />herein, the sufficiency of which are hereby acknowledged, Company and County agree as <br />follows: <br />1. Term and Conditions. Beginning on the date of this Agreement, and continuing <br />through June 30, 2016, Company shall have the authority, but not the obligation, to plow <br />snow from the Affected Portion of the Roads, as follows: <br />a. Company may remove snow from the Affected Portion of the Roads, including the <br />entire length of CR 361 from its junction with U.S. Highway 550 to the Camp Bird <br />Mine and the beginning of CR 26; CR 26 from its start at the Camp Bird Mine to the <br />Company's property at the mouth of Yankee Boy Basin; and CR 26A from its <br />intersection with CR 26 to one hundred feet beyond the Ruby Trust gate. Company <br />shall not plow any snow from the roadway that has not accumulated to a depth of at <br />least four inches (4") prior to plowing. One to two inches of snow cover shall be left <br />on the road to ensure that a solid base remains on the Affected Portion of the Roads <br />after snow removal. <br />b. When Company chooses to perform snow removal from the County Roads as <br />authorized by this Agreement, Company shall remove snow from the Affected <br />Portion of the Roads in a safe manner so as to permit motor vehicles to pass <br />through safely. Company shall ensure that no snow is piled in such a manner as to <br />cause traffic hazards or drainage problems on CR361, CR26, or adjacent properties. <br />c. The Roads shall be signed to warn of private winter maintenance with no guarantee <br />of motor vehicle access by the public. The County will provide verbiage for the signs <br />Page 1 of 5 <br />