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} <br /> AGREEMENT TO BUY MATERIAL <br /> THIS AGREEMENT is made and entered into in Huerfano County, Colorado, this I`day <br /> of November, 2018, by and between the Owner(s): Timothy D. Williams whose mailing <br /> address is P.O. Box 455, Walsenburg, CO 81089 and Southway Construction Co., Inc. <br /> whose address is 117 White Pine Dr., Alamosa CO 81101, hereafter referred to as the <br /> Company. <br /> WITNESS THAT: The Owner for the consideration of one dollar ($1.00) enters <br /> into this agreement for the purpose of the Company purchasing, processing, producing, <br /> and removing such material located on the Owner's land described as follows: <br /> Colorado Division of Minerals & Geology Permit <br /> Number M-2010-054, known as the Williams Pit No. 1, <br /> Located in Huerfano County, Colorado. <br /> Pit is located in a parcel of land in the SW 1/4, SE 1/4,NW 1/4 of <br /> Section 32, Township 27 S, Range 64, 61h P.M., Huerfano <br /> County, State of Colorado. <br /> The Company shall purchase material located on the above described land and the <br /> Owner will be paid a royalty fee at the following rate: <br /> Aggregate products removed at $ 1.00 per US Ton <br /> The product shall be weighed at the Company's scales and Volume Surveys will <br /> also be used by the Company to report quantities removed to the owner. <br /> The terms of this agreement to buy material shall commence on the I` day of <br /> November, 2018 at 12:01 p.m. and remain in force for a term of Five (5) year(s), <br /> terminating on the ls`day of November 2023, at 12:00 noon. <br /> The Company shall have the right to ingress and egress to and from the subject <br /> premises on routes approved by the Owner and to erect temporary structures, such as <br /> screening and crushing, to stockpile material in an area of sufficient size; and to employ <br /> any reasonable methods for the removal of said material provided that should such <br /> method result in interference with Owner's ranch operations or damage to any of the <br /> Owner's improvements, wells or property the Company shall pay the Owner the <br /> replacement cost for any such damaged improvements, wells or property and all lost <br /> profits, damages, incidental and consequential. <br />