1999-01-25_HYDROLOGY - M1977378 (2)

Home Browse Search

ACCESS AGREEMENT The San Juan County Historical Society, as owner of the E.C.W. Millsite, Survey No. 20595, and"S" Mllsite, Survey No. 20407, Valley Forge, Survey No. 653 and divided fractions of the Aurora, Survey No 18834 and Valley Forge Extension, Survey No. 18834, San Juan County, Colorado ("the Subject Land")hereby grant Sunnyside Gold Corporation (Sunnyside) a right of access on or under the Subject Land for voluntary hydrological control activities pursuant to an agreement between Sunnyside and the State of Colorado, for the purpose of benefitting water quality in the Animas River Basin. Access to these claims is deemed necessary by Sunnyside to intercept and divert water before it can go subsurface and potentially contact mine waste and tailings material. Sunnyside agrees that all work performed under this agreement will be at the expense of Sunnyside and that this grant imparts no property rights or obligations to Sunnyside other than the right of access for accomplishing the water interception and diversion activities related to the Mayflower Facility - Upland Hydrological Control project. This project shall continue until the voluntary hydrological control project according to the above mentioned agreement on the Mayflower Facility - Upland Hydrological Control project is complete and shall be binding upon heirs, personal representatives, successors and assigns. Sunnyside will execute a letter release of this agreement upon completion of project activity requiring access. Grantor acknowledges that neither Sunnyside nor any agent or representative of Sunnyside warrants, promises, or represents, either expressly or implicitly, that the reclamation work will eliminate all liabilities which may arise from the enforcement of local, state, and/or federal laws or regulations, including enforcement with respect to the presence of any hazardous material or environmental condition at the Subject Land. Grantor waives any such or related warranties. Grantor hereby waives, releases and covenant not to sue Sunnyside, its directors, officers, employees, agents, affiliates and successors, for any claims, damages or costs by Grantor with respect to the Sunnyside work on the project. Grantor will retain all rights to enter upon subject land for personal and project inspection purposes. If access or cleanup requirements on the subject land requires material changes from the existing work plan, Grantor will be consulted for approval. This instrument represents the entire agreement between the parties and supersedes the previous Access Agreement recorded in the Records of the County Clerk, San Juan County in Book 246, Page 691-693.