2018-10-12_REVISION - M1998022 - Laserfiche WebLink

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6. Grantee's Right to Terminate Agreement. Notwithstanding any provision contained in this Agreement to the contrary, Grantee may terminate this Agreement if: (a) Prior to construction of the Darien Access Road,Grantee determines that it is not in its interest to proceed with such construction; (b) Grantee has not obtained approval by December 31,2019 from the AGA to make use of the proposed Darien Access Road and the proposed the USFS Access Road as a means of ingress and egress to and from the Conger Harvesting Area; (c) Grantee loses any Permit rights, as currently existing or as amended, and Grantee provides a 30-day written notice to Grantor; (d) The AGA provide written notice of the release of reclamation liability;or (e) The continued use of the Darien Access Road is no longer financially desirable in the judgement of the Grantee and Grantee provides a 60-day notice to Grantor. Upon termination of this Agreement, the parties shall execute and record with the Clerk and Recorder, County of Gunnison, State of Colorado a release of the Easement and any amendment ' thereof. I 7. Fee/Taxes, For each year this Agreement remains in effect, Grantee shall pay the following fees("Fee")to Grantor: (a) per year commencing June 21, 2018 and payable within 10 days of execution of this Agreement (the"Annual Payment"), said Annual Payments due on June 2 1" of each year hereafter, inereasinAwereent of the immediately preceding Annual Payment every five years2;and (b) Zero dollars for the first 400 tons of mineral materials er year hauled from the Conger Harvesting Area via the Darian Access Road, then per ton of mineral materials in excess of 400 tons of mineral materials per year hauled from the Conger Harvesting Area via the Darien Access Road,recognizing that there may be years in.which no stone is hauled(the"Fee Per Ton Payment"). The Fee Per Ton Payment shall be made annually on the first day of December after reconciliation of Grantee's haul logs. All taxes assessed and levied against any of Grantee's machinery, equipment or other personal property and all taxes and assessments levied against materials stockpiled on, harvested or removed from Grantor's Property or the USFS land shall be the responsibility of the Grantee. 2 Illustration: In years 2019 through 2023,the Annual Payment is $ 9,000.00 each year. In 2024 through 2028, the Annual Payment is$9,900.00 each year. In years 2029 through 2033,the Annual Payment is$10,890.00.