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breach of the lease in part because the landlord has a right to depend on electricity to file Quonset <br />Hut. The Court might have found differently if the tenant had provided advance notice io the <br />Landlord oP its intention to shut fife power fot safety reasons. <br />4. Regarding the obligation of the tenant to remavc sludges from the ponds on a regular basis, <br />the Court finds that the standard set forth in the lease is vague, and that the tcnani provided a <br />reasonable explanation £orvon-removal of sludges. Therefore, the Court, does not find the sludge <br />removal obligation to be violated. <br />5. Regarding the obligation of the tenant to provide landlord with notice o£violation or other <br />information of any alleged non-compliance with any law, regulation of permit received from any <br />governmental authority, contained in paragraph 1(c) of the Lease, the Court finds that rho tenant <br />failed to uphold this obligation by failing to provide notice to landlord of the notice dated May 5, <br />2004 from the State of Colorado. The Court fiutber finds that it was clearly the intent that the <br />landlord be kept fully abreast of activities on the ground of the leasehold, and that this was a <br />material provision of the lease. <br />H. Regarding the obligation to substantially comply with all federal, state and local laws, . <br />regulations uid to comply with the terms of all permits contained in Paragraph 1(c) of the lease, <br />the Coutt finds that the tenant has breached this provision. The tenants' own records indicate <br />that zinc levels have been above the permitted levels, Ph levels have been outside of the <br />permissible pazameters, and the tenant has failed tv take measurements of certain substances as <br />required by its operating permit. <br />7, till notices required under the lease and statute were properly served upon the Defendant. <br />8. C*nld king Mines failed to cute the default, and d1d not yield possessian of the property. <br />Defendant is guilty of an unlawful possession in accordance with C.RS. 13-40-104(1)(e). <br />9. San .fuan Corp is entitled to passession of the property. <br />TJiF, COURT: <br />1. GRANT S an order of possession to the plaintiff for the violations set £orlh herein. A Writ of <br />Restitution will issue vn Wednesday, October 13, 2004. <br />2. ENJOit~15 the Defendant fram allowing contaminated water to enter the Premises and from <br />using the premises as a discharge point from its water treatment facilities; and <br />3. TS5iJE5 A MANDATORY iNJiSNCTION requiring GOLD King Mines to remove all <br />rarticulates and sludges from rho settling ponds. <br />4. Plaintiff is awarded its reasonable costs and atlomey's fees in accordance with C.R.S. 13-40- <br />115(2) and Paragraph 2(h) of the leases Plaintiff is directed to file a bill of costs and affidavit for <br />attorney's fees. <br />00E-d E00/E00'd 99E-1 999E999EOE S3Jtlf1093ii 1tltlO1VN 100-it08d WdOZ~EO YOOZ-OZ-OI <br />