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b. by entering an exclusive written lease for the sand and gravel without Plaintiffs <br />knowledge and consent; <br />c. by arbitrarily increasing management fees without the Plaintiffs consent and <br />contrary to Plaintiff's express direction; <br />d. failing to pay royalties or fair market value for use of the commonly owned <br />property associated with the Phillips property and the Barry property mining; <br />e. failing to pay royalties on material mined from Zellitti Properties property; <br />f. entered commercially unreasonable contracts binding the property to exclusive <br />lease to Hocker Construction for an unlimited term and without any increases in <br />royalties over time and other deviations from standard customary practice; <br />g. failed to give required notices of actions affecting the pit including pit permit <br />applications, expansions and exchanges of property, <br />h. failed to give notice and actively misled Zellitti Properties regarding the fact <br />that sale of a portion of the surface rights and reservation of mineral rights conveyed the <br />sand and gravel rights in the pit <br />g. other actions which may be disclosed by discovery. <br />25. Anthony Zellitti and Marilyn Zellitti are indebted to the Plaintiff for the <br />management fees paid, costs and expenses paid by Zellitti properties and for the <br />reasonable value of 25% of the royalties paid on the Phillips and Barry material <br />extracted from that property and for other unpaid royalties on material extracted from <br />the Plaintiffs property without adequate compensation. <br />COUNT III <br />26. All introductory paragraphs 1 thru19 are realleged and incorporated herein <br />by this reference. <br />27. Defendants have been unjustly enriched by use of the Plaintiffs property and <br />Plaintiff is entitled to the reasonable and fair value of the use of the 25% of the <br />commonly owned property associated with the Defendant Hocker's mining of the <br />Phillips property and the Barry property and for unpaid royalties from material extracted <br />from the Plaintiffs property.