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AGREEMENT <br /> This Agreement is made and entered this 18' day of March, 2021 by and between: Arlene Burnham <br /> located at 6932 Weld County Road 110 ("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 Section 6,Township 9N, <br /> Range 67W, Weld County,Colorado, further defined as the borrow limits on an agreed upon map(the <br /> "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 a minimum of 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: 7 AM to 8 PM Daily <br /> C. Owner 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. 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 /> Owner agrees to accept $1.75 per CY as its sole consideration for Ames' excavation <br /> of material from the Property. Monthly payments shall be made based on truck loads (LD) <br /> currently estimated at 13.50 CY/LD. The final CY amount will be based on an initial <br /> topographical survey and a final topographical survey showing the final cubic yards of material <br /> excavated from the property. Truck load counts shall be provided daily by email and shall be <br /> billed monthly. <br /> Owner agrees to accept $0.50 per CY as its sole consideration for Ames' waste of <br /> material to the Property. Monthly payments shall be made based on truck loads(LD)currently <br /> estimated at 12.00 CY/LD. Truck load counts shall be provided daily by email and shall be <br /> billed monthly. <br />