24.2 ATTORNEYS AND OTHER FEES. KEM Both cabooses were used on a regular basis and one caboose was always at the rear of loaded ore trains from Eagle Mountain to Ferrum and just behind the locomotives on the return trips to Eagle Mountain. WHICH EACH PARTY RESPECTIVELY BELIEVES THE ARBITRATOR(S) SHOULD HAVE; PROVIDED, HOWEVER, THAT THE SELECTION OF THE ARBITRATOR(S) SHALL BE THE EXCLUSIVE DECISION OF JAMS AND SHALL BE MADE WITHIN THIRTY (30)DAYS OF THE WRITTEN Form 10-K - SEC.gov KEM, at KEMs expense EXHIBITG attached hereto and incorporated herein by this reference. In August and September 2003, approximately 10mi (16km) of track were damaged when two flash floods hit the railroad. shall be for the exclusive use of both KEM and EMMR, all as depicted and described in EXHIBITK attached hereto and incorporated herein by this To accomplish this, a single switcher locomotive (painted for Kaiser Ventures) was brought to the property to operate small work trains. At the end of the film, they hijack the "Gold Coast Flyer" pulled by famed locomotive Southern Pacific 4449, and run it full throttle to the Mexican border. Its also unclear what the settlements mean for the hydroelectric power plant proposed by the Eagle Crest Energy Company. Subject to and in accordance directly or indirectly transfer all or any portion of its interest under this Agreement (a Net Revenues Transfer) pursuant to a bona fide offer or if CIL&D proposes to sell all or substantially all of its ownership interest in 24.5 WAIVER. including the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health and Safety Code Sections 25249.5 et seq. Subject Get the latest business insights from Dun & Bradstreet. Indebtedness, if KEM provides at least ninety (90)days advance written notice to EMMR of its intent to surrender any Mining Claim together with copies of the documents required to effect such surrender, and a quitclaim deed for any such For avoidance of doubt, the foregoing requirements shall not impose any obligation on KEM with respect to the Above-Ground Mining Activities, nor shall it be considered participation by or management or direction of the Above-Ground to the Transferring Company. Operations Area, the Rock Areas and the Tailings Area. The movie makes extensive use of ex-Great Western steam locomotive No. TAILINGS AREA shall mean that area on the Eagle Mountain Property as more specifically described in The next day, April 11, the special train backed all the way to Ferrum where the train is turned around before heading to Colton, California. DEFINITIONS. Mountain Property as described in EXHIBITB, as such boundaries may be reasonably updated by KEM from time to time in connection with the development, In attached thereto constitute the entire agreement among the Parties with respect to the subject matter of this Agreement and this Agreement may only be amended in a writing executed by the Parties to this Agreement. take all commercially reasonable actions to protect and preserve the Above-Ground Mining Rights and to not abandon, limit, forfeit, or otherwise injure the Above-Ground Mining Rights. Now a ghost town and maybe much more. Above-Ground Mining Activities on the Mining Properties. One train carried the iron ore needed for the Fontana Mill while the second train handled ore to Long Beach, California, where it was shipped to oversea steel mills. for recording. When operations resumed, they only operated a single train per week, usually 50 to 60 cars in length. or adjacent to the Eagle Mountain Property, except no such claims can be located in the Project Boundaries nor in a manner that causes Project Interference. The buyer? Renumbered as the "new" KS 1905, its metal toolbox and wire alternator cage are from the "original" KS 1905. 20.7 INSURANCE. judgment or ceasing to defend, may reasonably be expected to have an adverse effect on the affected business of the Indemnified Party. The following day, April 2, saw the start of nine days of filming on the railroad. About one hour later it arrived at the movie set that had been constructed at Summit. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. with, such person or entity. Act (California Health and Safety Code Sections 25100 et seq.) If the Controlling Person does not assume sole control over the On April 2, 2012, Kaiser Recycling, LLC, a wholly-owned subsidiary of Kaiser LLC, sold its fifty percent (50%) ownership interest in the WVMRF, LLC which owns and operates the West Valley Materials Recovery Facility and Transfer Station, a transfer station and materials recovery facility near Fontana, California. The Parties shall work together in a good faith, commercially reasonable manner (without an obligation of result) to seek to resolve Sections 300 et seq. financial reporting purposes in accordance with GAAP, which shall include, but not be limited to, certain permitting costs or capital improvements. depicted in EXHIBITC attached hereto and incorporated herein by this reference. development, construction and operation of the Project or for KEM or its Affiliates to conduct Above Ground Mining Activities, KEM or its Affiliates shall at its sole cost and expense obtain and maintain such new or modified Mining Licenses. Claim to EMMR (including through a quitclaim deed or otherwise). 17.1 PROPERTY TAXES. THE PARTIES SHALL SHARE EQUALLY IN THE PAYMENT OF THE ARBITRATOR(S) FEES AND EXPENSES REGARDLESS OF WHO IS THE PREVAILING PARTY OR PARTIES. share of, or interest in, the Project or all or a portion of KEMs interest in the Eagle Mountain Property. 3.6 ACCESS TO AND USE OF Excel Known Addresses for Kaiser Eagle Mountain, LLC To the extent that any amendment or modification of indemnifying EMMR against liability for the same, and holding the Mining Properties and Above-Ground Mining Activities free from the effect of any such lien or claim. LAWS AND LICENSES. Coal for this early production came from Utah Fuel Company Mine No. The Parties shall reasonably cooperate with each other for the use of other portions of the Operations Area or areas adjacent thereto to the extent not already agreed upon, which use shall be subject to the final approval of KEM, which Agreement. activities undertaken in compliance with this Agreement. Project). Before the 10.2 MINING erection, maintenance and use of such Mining Facilities will not result in Project Interference as provided in this Agreement; and (c)any permanent Mining Facilities outside of the Project Boundaries shall be subject to the prior written SUCH PROCEEDING. Properties or Materials used for or on behalf of the Project shall be delivered to KEM. Charpied and others have accused Kaiser of conspiring with state regulators to keep control of the site, which still has millions of tons of valuable iron ore. Energy Reporter Sammy Roth can be reached Sammy.Roth@desertsun.com, (760) 778-4622 and @Sammy_Roth. This such Third-Party Claim and to employ counsel at its own expense to assist in the handling of such Third-Party Claim, and (ii)the Controlling Person shall obtain the. RECITALS. EMMR shall not cease to conduct or cause to be conducted surface mining operations on the Mining Properties or cease to use or cause to be used the Mining Properties for Kaiser Steel Corporation was incorporated on December 1, 1941, for the purpose of manufacturing steel in Southern California. 2.7 CONSTRUCTION PERIOD shall mean the Shooting these scenes required numerous run-bys and hours of waiting. Gross Revenues shall not include the value of any Materials used to restore, repair or maintain the Eagle Mountain Railroad, or used in general assignment by a Party for the benefit of its creditors (other than in the case of KEM to its Financing Parties as permitted in accordance with this Agreement). 3.2 GRANT OF USE OF WATER, WATER Control Act (15U.S.C. (d) KEM shall have forty-five As production at the mine increased, the railroad purchased two more locomotives from Baldwin. This ruling was a major setback for the project and ultimately Kaiser Ventures decided to abandon the project. East Pit), as distinct from any similar underground activities. 132.148.88.152 There has been a substantial reduction in the waste generated due to recycling efforts and an increase in low-cost traditional disposal sites (most notably in nearby Orange County), eliminating the need for remote solid waste landfills such as the Eagle Mountain landfill. Accordingly, after the CIL&D Payment Date each of the Parties shall be entitled to seek specific performance of the terms of those enumerated section of this Agreement, including an injunction or injunctions to prevent breaches of this Section1251 etseq., the Hazardous Substance Account Act (California Health and Safety Code Sections 25300 et seq. written notice and during EMMRs normal business hours to audit books and records of EMMR only to the extent required to determine the accuracy of any royalty payments required to be made Accountants and statements and pronouncements of the Financial Accounting Standards Board (including Statement of Financial Accounting Standards No. If either Party Kaiser owns or controls much of the real property on which ECEC proposes to build the Project. RECORDS, Subsequent to the payment in full of all amounts owed to CIL&D (or its successor and assigns) by KEMs Affiliates under the $4.25 Million Note and $19 Million Note (as those terms are defined in the PA) (the CIL&D Payment Most were employed by the mine. Kaiser Eagle Mountain, LLC is in the Grits Mining (Crushed Stone) business. Defense is required as a result of KEMs ownership of mining rights, the potential reversionary interest on the Eagle Mountain townsite, or the Mining Claims, Above-Ground Mining Activities or activities related to the Project, KEM shall Mother FINALLY overturns do not resuscitate order placed on her brain-damaged son by doctors without her Radioactive beads in the wrist that can fight liver cancer. 1020 by Kaiser Steel. When the stockpile ran out, the locomotives were sent to the Fontana Mill for storage. The scenes where the four men cross the border at a wooden bridge is actually the first railroad bridge north of Ferrum. such water rights as may be reasonably necessary for Above-Ground Mining Activities; (b)electricity and the Mines electrical system; (c)natural gas and the Mines natural gas distribution system; and (d)the Mines 22.5 TERMINATION OF EMMR OBLIGATIONS Workers drilled, blasted and shoveled the nearby mountains in search of iron ore.At the mines peak, they broke records for daily production levels, but it only took a few years of poor outcomes for the mine to shutter, evicting the population.Eagle Mountain rose from the arid brush at the end of the 1940s to thrive for a generation or two. giving sixty (60)days advance notice to KEM. Santa Monica, CA. ), the Hazardous Materials Transportation Act (49U.S.C. You can email the site owner to let them know you were blocked. 2.28 PERSON shall mean any individual, corporation, partnership, limited liability company, PARTIES. Eagle Mountain rose from the arid brush at the end of the 1940s to thrive for a generation or two. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Language links are at the top of the page across from the title. 18.2 KEM INSURANCE. For purposes of this Agreement, the term Mine does not include the Eagle Mountain Railroad, which is owned and controlled by EMMR. Rather, they require Kaiser Eagle Mountain, which owns the mine, to return to the federal government certain lands surrounding its property, which the company received as part of a land exchange 15 years ago. Subsequent to the CIL&D Payment Date, each of the Parties hereby further waives (a)any defense in any action for specific (CIL&D) pursuant to that certain Purchase and Sale Agreement among Buyer, CIL&D, KEM, Eagle Mountain Acquisition LLC, Eagle Mountain LLC and Eagle Crest Energy Company (Eagle Crest) dated June25, It got its name after a loaded train ran away here in the early days of the railroad. Mining Properties, and/or Above-Ground Mining Activities at the Mining Properties including (1)Mining Facilities constructed upon or brought upon the Mining Properties by EMMR; (2)any increases in property taxes or assessment resulting describing in reasonable detail the Indemnification Event and the basis on which indemnification is (or, under such assumption, could be) sought. Mystery buyer purchases California ghost town for $22.5 million The five original locomotives were kept as spare locomotives until 1971 when they were either sold or transferred to other Kaiser operations. Premises-Operations, Independent Contractors, Broad Form Property Damage; and. The sound of a shotgun blast into the sky scared them off.Within the mile-long town are a few hundred abandoned structures that were once homes, businesses and community centers of a small idyllic village. Plan), which shall be subject to KEMs prior review, comment and approval, not to be unreasonably delayed or withheld. royalty payment to be made by EMMR shall not have been paid on or before its due date or in the event any royalty payment is understated, the amount due or any such understated amount shall be paid plus interest at the rate of eight percent Once filming of the Tough Guys movie was completed, the last two remaining locomotives were sent to the Fontana Mill. Shortly after Entrance, the tracks curve north again and head for the Victory Hills. Section1, etseq. This was one of the longest privately built standard gauge railroads constructed in the American Southwest in the post World War II era. beneficiaries of this Agreement, and all of KEMs rights relating to Above-Ground Mining Activities and the Project shall inure to the benefit of, and may be exercised by, Eagle Crest. KEM and EMMR are sometimes collectively referred to herein as the Closing Date. He mentioned how large red trucks have become a regular sighting. 17.3 INCOME subsequent to the receipt by an Indemnified Party of an indemnity payment hereunder, such Indemnified Party (or any Affiliate thereof) receives any recovery, settlement or other similar payment with respect to the Losses for which it received such When the mine closed in 1983, the railroad was barely operating three trains per week. Find and reach Kaiser Eagle Mountain, LLC's employees by department, seniority, title, and much more. Upon leaving the Ferrum interchange yard, the track immediately climbs a hill, then descends to a wooden trestle. established, confirmed, reconfirmed, defended (Mining Rights Defense) or otherwise litigated in any forum, whether administrative, quasi-judicial, judicial, or otherwise as a result of EMMRs Above-Ground Mining Activities, Ore trucks were as large as 150 tons. Notwithstanding the forgoing, subject to and in accordance with Section4 below, KEM reserves the right to conduct any mining activities on the Mining Properties except for the Coarse Tailings on schedule or budget, in each case as reasonably determined and in good faith by KEM; and (ii)after the Construction Period, any, delay, interference or conflict with KEMs physical access to and use of the Eagle Mountain Property for the thirty (30)days following receipt of notice to EMMR, reimburse KEM any fair share of the property tax or assessment owed by EMMR. IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Fine Tailings located on the Tailings Parcel and/or in or near the East Pit and for the iron ore pellets located on the Operations Area or the Tailings Area. Just before arriving at the Victory Hills, the tracks cross Eagle Mountain Road, the original access road to the mine. They were constructed in early 1951 and delivered to the railroad in June 1952. EMMR shall pay for the costs of its actual Above-Ground Mining Activities and shall reimburse KEM for the costs associated with any power, water or other utilities This required the railroad "double" the train, which is a costly and time-consuming procedure. Eagle Mountain ghost town sold to mysterious Ecology Mountain Holdings This mockup can still be seen through the windows of a garage building adjacent to the cafe in Desert Center, CA.). The term action or proceeding shall mean and include actions, The sound of a shotgun blast into the sky scared them off. A company. consideration payable by EMMR to KEM shall be reduced to twelve and one-half percent (12.5%)of the Net Revenues from the removal of Coarse Tailings located in the East Pit; provided, however, the amount due on the first Payment CONDUCTED IN COMPLIANCE WITH ENVIRONMENTAL LAWS. If any Indemnification Event involves the claim of any third party (a Third-Party Claim), the Indemnifying Party (the Controlling Person) shall NO OPPOSITION TO to and from the Mining Properties and the right to use the existing or new roads on the Eagle Mountain Property all as provided in and subject in all respects to the terms of the Mutual Access and Joint Use Agreement between the Parties dated as of

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