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506476 06/27/2000 11:45AM Pdge 2 oC 28 <br /> Connie Joiner, Clerk s Recorder, Teller County, Colorado <br /> Notwithstanding the foregoing, CC&V shall, so long as all required permits are obtained <br /> from applicable State, federal, and County agencies, entities, and departments, have <br /> the right to (1) engage in Mining Activities and/or related activities on and in the <br /> Property to the extent that such activities do not disturb more than an aggregate of two <br /> (2) surface acres for each Mining Activity, as hereinafter defined, and/or (2) build and <br /> maintain surface facilities or structures necessary or appropriate to conduct <br /> underground Mining Activities in the Property and adjacent properties. Mining <br /> Activities allowed by this paragraph may not be contiguous. <br /> The foregoing shall be a covenant running with the Property and shall inure to the <br /> benefit of and be binding upon Teller County and CC&V and their successors and <br /> assigns; EXCEPT, however, that this Agreement shall be suspended without further <br /> action by CC&V, its successors or assigns, during such time that either or both of the <br /> above-described conditions cease to be maintained or are Materially Modified. <br /> 1. Definitions. <br /> (a): For the purposes hereof, the terms "Mining Activity" and "Mining Activities" <br /> shall mean a mining activity which requires and is conducted pursuant to a permit for <br /> mining issued by the State of Colorado in accordance with C.R.S. 34-32-101 et seq <br /> or any replacement thereof that may be enacted. Notwithstanding the inclusion in <br /> such permit, any environmental monitoring, surface-water hydrology management <br /> and other similar types of environmental management activities, including <br /> environmental resource mitigation, are not a "Mining Activity" or "Mining <br /> Activities " and are considered compatible with the purposes of the Property and <br /> may be, so long as all required permits are obtained from applicable State, federal, <br /> and County agencies, entities, and departments, conducted without limitation by this <br /> Agreement. <br /> (b): For the purposes hereof, the term "Property" shall mean lands the <br /> surface of which is are owned or controlled by CC&V, or by business entities owned <br /> by, or owners of, CC&V, located within the Victor-Goldfield Buffer Area and located <br /> within the Cripple Creek Historic/Recreation Area, both of which are depicted on the <br /> attached Exhibits B and C, respectively. <br /> (c): For the purposes hereof, the term "Materially Modified" shall mean Land Use <br /> Regulations adopted by the County subsequent to the effective date hereof which <br /> modifications materially and adversely affect CC&V's current or anticipated activities <br /> in the Cripple Creek Mining Overlay District of Teller County. Adoption of maps in <br /> the Teller County Land Use Regulations that do not conflict with the Cripple Creek <br /> Mining Overlay District or that expand the Cripple Creek Mining Overlay District <br /> shall not be considered to Materially Modify. A reduction in the Cripple Creek <br /> Mining Overlay District shall be considered to Materially Modify. <br /> 2 <br />