2021-04-20_PERMIT FILE - M2021020 (4)

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Borrow Material Extraction At<reeIDent This Agreement is made and entered this day of August, 2020 by and between: VIMA Partners, LLC located at 1625 Pelican Lakes Point, 'uite 201, Windsor, CO 80550("Seller'), and Kraemer North America, a Delaware company_, located at 900 W. Castleton Rd, Suite 220, Castle Rock,CO 80109 _("Kraemer'' or"Buyer'). Seller is the owner of a parcel of land consisting of approximately 73 acres , more or less, and located in Weld County, Colorado, as is more specifically described on Attachment A (the"Property"): and Kraemer desires to purchase certain sand, gravel, rock, soil or other material located on the Property; and Seller represents and warrants to Kraemer that it has all requisite authority to, and desires to enter into this Agreement with Kraemer on the terms provided herein. Now therefore, for good and valuable consideration, and of the covenants and conditions hereafter set forth, the parties agree as follows: I. Grant. Seller hereby grants permission to Kraemer and its successors and assigns, to have access to the Property for the purpose of extracting any sand, gravel,rock, soil or other material agreed to be removed from the Property by Kraemer within the boundaries of the Property("Materials"). 2. Term. This Agreement shall commence upon execution by both parties and terminate on May 31. 2022. The effective date of this agreement shall be upon mutual execution of the contract. 3. Royalty Payments. After execution of this Agreement. and upon the verification of the approval of any and all required permits by all required government bodies, if any are. such permits to be the responsibility of Kraemer, Kraemer shall pay to Seller a royalty at the following rate: Kraemer shall pay Seller $4.00 per cubic yard of such Materials actually extracted from the Property. Kraemer agrees that all material ►vill be loaded and hauled at Kraemer's sole cost and expense. Buyer will keep area at acceptable low dust levels and will Ballow the approved access routes on F.xhihit B. It is anticipated that approximately +/- 350.000 to 650.000 CY of material will be extracted from the Property. This quantity may increase or decrease depending on underlying soil conditions and/or ground water conditions. Payment shall be made as follows: 100%of total shall be due monthly via Progress Payments based on 15.5CY/Load as an average of 14CY-17CY/Load, on a monthly basis. Load sizes for these counts shall be determined on the track-trailer typical load size for fully loaded trailer capacity. Payment shall be due thirty (30)days after Kraemer receives payment for the Materials incorporated into the project for which the Materials are being purchased. 4. Buyer agrees to manage and maintain its own Erosion Control practices regarding dust, tracking pads, etc.) and to gravel the exit road along the sprinkler so Buyer can extract and haul when the conditions are wet. Any debris tracked onto Crossroads Boulevard is the responsibility of Buyer. Any corrective actions or fines due on Seller's erosion control permit are the responsibility of Buyer.