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MATERIAL BORROW AGRF.F..MEN"r <br /> PURCHASE AGREEMENT <br /> (Aggregate Materials or Fill) <br /> This Agreement is made and entered this 8 day of November 2017 by and between:Front Range Feed <br /> Lots , located at 3178 County Road 43, Greeley, CO ("Seller"), and Ames Construction, Inc., a <br /> Minnesota Corporation located at 2000 Ames Drive, Burnsville,MN 55306("Ames"). <br /> A. Seller is the owner of,or legally controls a parcel of land consisting of approximately 7 acres, <br /> more or less, and located in WELD County, Colorado, described in the attached Attachment A (the <br /> "Property");and <br /> 13. Ames desires to purchase certain sand, gravel, rock or dirt located on the Property for the <br /> limited purposes hereinafter described;and <br /> C. Seller represents and warrants to Ames that it has all requisite authority to,and desires to enter <br /> into this Agreement with Ames on the terms provided herein; <br /> Now therefore, in consideration of good and valuable consideration, and of the covenants and <br /> conditions hereafter set forth,the parties agrees as follows: <br /> 1. Grant. Seller hereby grants permission to Ames and its successors and assigns, to <br /> have access to the Property for the purpose of mining and removing any sand,gravel,rock,dirt or other <br /> material desired to be removed from the Property by Ames within the boundaries of the Property <br /> ("Substances"). <br /> 2. Term. This Agreement shall be for a term of until June 30, 2018 commencing on its <br /> execution. <br /> 3. Royalty Payments. After execution of this Agreement, and upon the verification of <br /> the approval of any and all required permits by all required government bodies,Ames shall pay to Seller <br /> a royalty at the following rate: � <br /> APPROX 50,000 SY of Asphalt Millings from CR47 �,�. Y <br /> APPROX 4,000 SY of Asphalt Chunks from CR47 — j 333 C r" <br /> This is in exchange for approximately 87,000 CY of excavated material from the agreed upon <br /> area. <br /> 3.1 Ames shall pay the seller in asphalt detailed above delivered to Front Range Feed Lot, <br /> 1-t,o, 1 24755 WCR 60 %Greeley,CO- <br /> 3.2 Payment shell he lased solely on Ames' lo d eetims, and payment shall be due thii-ty <br /> r-'vvlk"w <br /> Substanees e beingelia eEl <br /> 3.3 Upon completion of this Agreement,The Seller will sign and release a waiver stati <br /> that the asphalt millings and chunks replace any monetary compensation. , DL c_Y ? <br /> 4. Ames' Rights. Ames shall have the right to use so much of the surface and subsurface <br /> of the Property as may be reasonably necessary to carry out the purposes of this Agreement so long as <br /> such use does not violate any permits,regulations or laws of any federal,state or local agencies. <br /> 5. Removal of Ames' Property. Ames shall remove all of its tools,equipment or other <br /> property from the Property at the termination of this Agreement. <br /> 11/16/2017 1 <br />