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9/?o /a <br />MEMORANDUM OF UNDERSTANDING ?I?? C.? <br />-; -? G l ? z3 tF- C- 9-,N ?4 h? C, ? 1.1 <br />MEMORANDUM OF UNDERSTANDING ("Memorandum") is entered into this (day of September, <br />2008, by and between the City of Cripple Creek, a Colorado statutory city (the "City"), and Cripple Creek <br />& Victor Gold Mining Company ("CC&V"), a Colorado joint venture, hereinafter referred to as the <br />"Parties". <br />WHEREAS CC&V has conducted exploration and mining activities in the general vicinity between the City <br />and the City of Victor, commonly referred to as the Cripple Creek Mining District ("Mining District"), <br />since at least 1980 with current operations being initially permitted in approximately 1993, and over the <br />ensuing years has become part of the local community through philanthropic activities, employment of local <br />residents, payment of taxes, involvement of employees in myriad community activities, and other activities; <br />and <br />WHEREAS The Parties have consistently worked together in a spirit of cooperation on a number of <br />important projects including, but not limited to, the "Trails Agreement" of 2001 whereby CC&V donated <br />land and historical structures while funding much of the project, the Woodland Park Regional Hospital <br />whereby CC&V donated significant matching funds, the City Heritage Center whereby CC&V donated the <br />land, the Cripple Creek/Victor School District wherein CC&V provided substantial contributions to the <br />planning and campaign for the bond issue, Hern Field wherein CC&V provided funding, the Southwest <br />Teller Hospital District Ambulance wherein CC&V donated matching funds, Cripple Creek Parks & <br />Recreation wherein CC&V provides annual support, and the Rural Philanthropy Days wherein CC&V is a <br />major sponsor; and <br />WHEREAS The Parties worked together during the development of the Cripple Creek Mining Overlay <br />District under Teller County regulations and included in its agreement with Teller County the creation of a <br />buffer zone - the Historic/Recreation Area - an area of importance as identified by the City in exchange <br />for the understanding that mining activities would occur within the area designated as the "Cripple Creek <br />Mining Overlay District" as such area was originally adopted by the Teller County Board of County <br />Commissioners on May 25, 2000 (Resolution No. 5/25/00 (44) as recorded at Reception No. 505622 in the <br />public records of Teller County); and <br />WHEREAS CC&V has submitted an application to Teller County to amend the Cresson Project Mining. <br />Development Plan within the established Cripple Creek Mining Overlay District and a companion application <br />to the Colorado Division of Reclamation, Mining and Safety ("DRMS") to amend its 112 Reclamation Permit <br />to allow continuation of CC&V's mining operations, on CC&V owned or controlled land, in the vicinity of <br />the City (collectively the "Application," a copy of which has been available to the City and others since April <br />15, 2008); and <br />WHEREAS the City has submitted to Teller County and DRMS its written comments to the <br />Application; and <br />WHEREAS the City and CC&V have met on several occasions to discuss the City's written comments to <br />the Application; and