Laserfiche WebLink
ACCESS AGREEMENT <br /> This Agreement is entered into as of the day of May 1996, by and between <br /> Frank Baumgartner, Sial Exploration, Inc. and Osiris Gold, Inc., (collectively referred to <br /> as "Baumgartner"), Grantor, and Sunnyside Gold Corporation("Sunnyside"), with offices <br /> at #1 Gladstone, Silverton, Colorado 81433, Grantee. <br /> RECITALS <br /> A. Baumgartner is the owner of those lands in San Juan County, State of <br /> Colorado, more particularly described on Exhibit A attached hereto (the "Subject Land"). <br /> B. Baumgartner and Grantee desire to enter into an agreement granting to <br /> Grantee rights to make use of the Subject Land for and in connection with mining <br /> reclamation activities. <br /> NOW THEREFORE, it is agreed as follows: <br /> l. Purpose of Grant. 'Me purpose of the grant of rights herein made is to <br /> enable'Sunnyside to make use of the Subject Land for voluntary reclamation activities <br /> pursuant to agreement between Sunnyside and the State of Colorado for the purpose of <br /> benefitting water quality in the Animas River Basin. Said reclamation activities, whether <br /> conducted by Sunnyside, its affiliates, contractors, licensees, lessees, successors, or <br /> assigns, are referred to collectively herein as "Grantee's Reclamation." <br /> 2. Granting Clause. Baumgartner grants Sunnyside a right of access on and <br /> under the Subject Land for all purposes, including, without limitation, a right of access <br /> to perform any act necessary to accomplish the Work Plan described in Exhibit "B" <br /> hereto. It is the understanding and intent of Baumgartner and Sunnyside that Sunnyside <br /> shall be allowed unlimited access to the Subject Land for the purpose of accomplishing <br /> the said Work Plan. <br /> 3. Term of Grant. The Granted Rights shall continue until such time as the <br /> reclamation of the Mine as described in the Work Plan is complete. <br /> 4. Obligation of Sunnyside. <br /> (a) Surface Access will be used only for the purposes for which the grant <br /> is made. All work under the Work Plan will be at the expense of Sunnyside, not <br /> Baumgartner. <br /> (b) Sunnyside will give timely notice to, and seek approval from, <br /> Baumgartner of changes to the Work Plan, prior to submitting such changes to the State <br /> of Colorado. Baumgartner shall not unreasonably withhold such approval. <br />