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REP48210
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5/3/2012 1:04:00 PM
Creation date
11/27/2007 12:15:47 PM
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0 0 <br />POVERTY GULCH <br />AGREEMENT FOR RECLAMATION ACTIVITIES <br />This Agreement is made this day of 199_, between <br />Cripple Creek and Victor Gold Mining Company, a Joint Venture, by Pikes Peak Mining <br />Company (Pikes Peak Mining Company), Manager ( "Owner % the State of Colorado, acting <br />through its Department of Natural Resources, Mined Land Reclamation Division <br />( "Colorado "), and ( "Qontractor"). <br />Pikes Peak Mining Company represents to Colorado and Contractor that it owns the <br />described real property located in the County of Teller and the State of Colorado: <br />Legal Description: See attached Exhibit. <br />Colorado has included sites on tracts of land owned by Pikes Peak Mitring Company <br />in its Abandoned Mine Reclamation Plan ( "Plan") approved by the Office of Surface Mining <br />Reclamation and Enforcement of the United States Department of the Interior on June 11, <br />1982 pursuant to Title IV of the Surface Mining Control and Reclamation Act of 1977. <br />Colorado has offered to conduct, at no cost to Pikes Peak Mining Company, reclamation <br />activities pursuant to the Plan on the Project site. Colorado proposes to hire Contractor <br />to perform the reclamation activities. <br />Pikes Peak Mining Company is willing to give its consent to such reclamation <br />activities on the conditions described in this Agreement. <br />Therefore, in consideration of the consent and permission granted to Colorado and <br />Contractor by Pikes Peak Miring Company, Colorado and Contractor agree with Pikes Peak <br />Mining Company as follows: <br />1. Pikes Peak Mining Company grants per mission to Colorado, its agents, employees <br />and contractors, including Contractor, to enter upon the project site for the length of time <br />necessary(but not exceeding 24 months) to complete the work described in the "Project <br />Narrative" (Exhibit A to this Agreement), which is attached to and made a part of this <br />Agreement (the "Work "). Colorado shall give reasonable notice to Pikes Peak Mining <br />Company before its entry and its commencement of the Work. In giving consent to this <br />entry, Pikes Peak Mining Company waives no rights which are conferred by virtue of the <br />language contained in Title IV of the Surface Mining Control and Reclamation Act of 1977, <br />30 U.S.C. § 1231 et seq., or the Colorado Surface Coal Mining Act of 1979, 14 Colorado <br />Revised Statutes 1973 § 34 -33 -133 (1981 Supp.), or both. <br />2. Contractor shall effect, at no cost to Pikes Peak Mining Company, the Work <br />described in Exhibit A in a good and workmanlike manner. The Work shall, once <br />commenced, be diligently pursued to completion and without unreasonable delay. <br />Contractor guarantees that the Work shall be free from defects in materials and <br />workmanship and that all materials incorporated into the Work shall be fit for the use and <br />
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