2018-10-01_PERMIT FILE - M2018050

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V , OF JUIES&t, 0 GATEWAY TO COI.ORACO Town of Julesburg 100 West 2nd Street Julesburg, CO 80737-1506 COLORADO Phone: (970)474-3344 FAX: (970)474-3345 AGREEMENT FOR PURCHASE AND SALE OF DIRT IN PLACE Agreement made on c9LYA, day of �,p�-�,,,^� r- , 2018 between JAY and MELISA GODDARD whose mailing address is 20247 County Road 28, Julesburg CO 80737, hereinafter referred to as Seller, and TOWN OF JULESBURG, a local municipality within the State of Colorado, whose mailing address is 100 West 2nd Street, Julesburg CO 80737, hereinafter referred to as Buyer. 1. Materials Sold: In consideration of the price, and the terms and provisions of this Agreement, Seller hereby grants and conveys to Buyer the right to excavate and remove fill from a specific tract of land. The general location of the tract from which the fill is to be taken is indicated upon EXHIBIT A, attached hereto and incorporated herein by this reference, which, for convenience, is hereinafter referred to as the Site. Fill materials consist of the sand, dirt, topsoil and rock(hereinafter for convenience, referred to as dirt), existing as is, where is, on the Site. Non-useable material such as muck or dirt with excessive organic content, debris, and vegetative matter from the Site shall be disposed of in a manner approved by the Buyer. 2. Price, Volume, Accountability and Payment: The Buyer will pay Seller $1.00_ per cubic yard for approximately 25,000 cubic yards for dirt. The Buyer will complete and make available load tickets for the dirt hauled from the Site. The Buyer conducts scheduled monthly Board Meetings in which payment consideration is determined and does not offer advance invoice payment. 3. Term and Right of Entry: Buyer shall have the right to enter the Site at any and all times within 1 a months, commencing on .14M day of e f- , 2018. If the Buyer wishes to extend the term for a time extension, notification of such desire shall be given in writing to the Seller not less than sixty(60) days prior to the expiration of this Agreement. Extension of the term is not a matter of right, and Seller may, in its unqualified discretion, deny any such extension request. If extended, dirt will be sold based on a price to be agreed upon by the Buyer and Seller.