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AGREEMENT <br /> This Agreement is made and entered this II" day of February, 2021 by and between: Eugene <br /> Hofacker located at 11900 N County Road 5J ("Owner"), and Ames Construction, Inc., a Minnesota <br /> Corporation located at 2000 Ames Drive,Burnsville,MN 55306("Ames"). <br /> A. Owner is the owner of, or legally controls a parcel of land considered Eugene Hofacker, <br /> Larimer County, Colorado, (the"Property"); and <br /> B. Ames desires to perform the following operations on the Property for the limited purposes <br /> hereinafter described: <br /> 1. Excavate, load,haul approximately 200,000 Cubic Yards of material; <br /> 2. Provide dust control for Ames excavation and Ames hauling operations only; <br /> 3. Maintain Ames utilized haul roads; <br /> 4. Hours of operation: Daytime Hours only; <br /> 5_ Haul onto site, dump, and place as much as approximately 16,000 CY of topsoil. Topsoil to <br /> be spread on slopes and floor of borrow and then graded to drain. <br /> C. Owner represents and warrants to Ames that it has all requisite authority to, and desires to <br /> enter 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. Owner hereby grants permission to Ames and its successors and assigns, to <br /> have access to the Property for the purposes listed in item B above. <br /> 2. Term. This Agreement shall be for a term of until December 31, 2022 commencing <br /> on its execution. <br /> 3. Payment. <br /> a. Borrow Material-Owner agrees to accept_per CY as its sole consideration for <br /> Ames' excavation of iaterial from the Property. Monthly payments shall be made <br /> based on truck loads (LD) currently estimated at 13.5 CY/LD. The final CY amount <br /> will be based on an initial topographical survey and a final topographical survey <br /> showing the final cubic yards of material excavated from the property. Truck load <br /> counts shall be provided daily by email and shall be billed monthly. <br /> b. Waste Material - Owner agrees to accept_per CY as its sole consideration for <br /> Ames' topsoil material brought onto the Property from Lemay Roadway Realignment <br /> Project. Monthly payments shall be made based on truck loads (LD) currently <br /> 2/11/2021 1 <br />