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15. The Settlement Agreement also provides that Golden would mine "up to 500,000 <br />cubic yazds of material" from Parcel 1 on the property, and would relocate that material, which the <br />Settlement Agreement defines as "Stockpiled Material," to Parcel 2. MAI, then, is required to pay <br />Golden $1.00 per ton of the Stockpiled Material sold by MAI. The Settlement Agreement further <br />provides that MAI shall have a period of 10 yeazs in which to process and sell the Stockpiled <br />Material. Finally, the Settlement Agreement states that Golden and MAI shall enter into a lease <br />allowing MAI to mine material from a pazcel that Golden acquired as part of the Condemnation <br />Action, Parcel 3. <br />16. The Plaintiffs did not consent to the Settlement Agreement. In fact, the Plaintiffs <br />were unaware that the Settlement Agreement existed until May 25, 2004. Further, because mining <br />continued on the property in the interim, the Plaintiffs' were unawaze that MAI was no longer <br />responsible for those activities until that date. <br />17. Moreover, upon information and belief, MAI executed an agreement with Everist <br />Materials, LLC ("Everist") for the processing and sale of the Stockpiled Material. The Plaintiffs did <br />not consent to this agreement, nor has a copy of this agreement been provided to the Plaintiffs; <br />however, upon and information and belief, MAI and Everist have conducted mining activities on <br />Parcel 2, and will continue to do so pursuant to the Settlement Agreement, until 2013. <br />18. The Stockpiled Material consists of material which Golden, MAI, and Everist, have <br />permitted to accumulate on Parcel 2. Additionally, the material has been permitted to blow and <br />scatter onto other parcels owned by the Plaintiffs and throughout the adjacent properties in the Town <br />of Empire. The Stockpiled Material not only damages the Plaintiffs' property, but presents a <br />significant health hazard to residents in the area. Upon information and belief, various residents and <br />officials of Empire have made formal and informal complaints to Golden, MAI, and state agencies. <br />19. Golden's condemnation ofthe Plaintiffs' property severed any leasehold interest held <br />by MAI. Similarly, since Golden did not choose to condemn its entire leasehold interest and the <br />remainder property is obviously not needed for the construction and operation of the reservoir, the <br />Condemnation Action severed any remaining leasehold interest held by Golden. <br />20. Specifically, Pazcel 2 was originally included in Golden's leasehold interest when <br />Golden intended to locate a smaller reservoir on that site; however, since construction of the <br />reservoir is complete, and that design does not include any reservoir or related operations on Pazcel <br />2, that property is no longer necessary for Golden's purpose and the Golden Lease is terminated as <br />to the remainder property. The Plaintiffs now retain an unencumbered ownership over that property. <br />21. The Stockpiled Material covers the entire Parcel 2. The Plaintiffs have no ability to <br />use any portion of that property, and pursuant to the Settlement Agreement, no use will be made of <br />that property until the Stockpiled Material is completely removed in 2013. Golden has not included <br />-4- <br />