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} . • <br /> i ( - <br /> AGREEMENT <br /> THIS AGREEMENT is entered into as of the /% '�day of June, <br /> 1986, by and between the ASPEN MOUNTAIN MINING CORPORATION ("AMMC"), <br /> whose address is 704 Spruce Street, Aspen, Colorado 81611, and the <br /> ASPEN SKIING COMPANY ("ASC") , whose address is P.O. Box 1248, Aspen, <br /> Colorado 81612. <br /> WITNESSET H: <br /> WHEREAS, ASC owns and operates a ski area on Aspen Mountain in <br /> Aspen, Colorado and has done so for 40 successive years; <br /> WHEREAS, ASC is the holder of a special use permit from the <br /> U.S. Forest Service to use federal lands within the Aspen Mountain <br /> Ski Area for skiing purposes; <br /> WHEREAS, AMMC is the possessor of an unpatented mining claim on <br /> Aspen Mountain denominated Emma No. 2 Mining Claim: <br /> WHEREAS, AMMC has filed a location certificate with respect to <br /> (1) <br /> the Emma No. 2 Mining Claim; <br /> WHEREAS, the Silver Queen ski run or. the Aspen Mountain Ski <br /> Area is located on the Emma No. 2 Mining Claim: <br /> WHEREAS, AMMC desires to conduct a mining operation on the Emma <br /> No. 2 Mining Claim; <br /> WHEREAS, the parties desire to enter into a mutually acceptable <br /> agreement to enable each of them to work as compatibly as possible <br /> with the other without undue inconvenience to the operation of the <br /> other, to minimize the inconvenience to each party and their respec- <br /> tive operations, to set up a mechanism to enhance a working rela- <br /> tionship between the parties, and to provide for a mutually accept- <br /> able statement that will be the basis for a decision on AMMC's Plan <br /> of Operations by the G.S. Forest Service Supervisor; and <br /> WHEREAS, the parties desire by the terms of this agreement to <br /> set forth their respective rights, obligations and responsibilities <br /> subject to the terms and conditions contained herein. <br /> NOW, THEREFORE, in consideration of the mutual covenants and <br /> agreements made herein, the parties covenant and agree as follows: <br /> 1. Tower 10-Soar Gulch Road Access. Notwithstanding the <br /> position of AMMC tnat the Tower 10-Spar Gulch Road is a public road <br /> and notwithstanding the position of ASC that the Tower 10-Spar Gulch <br /> Road is a private road, the parties agree that AMMC shall use the <br /> Tower 10-Spar Gulch Road during the winter for access to the Emma <br /> No. 2 Mining Claim consistent with the practices established during <br /> . - . <br /> 4 <br />