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'~ ~ z <br />It is agreed by the parties hereto that immediately after the execution of this <br />option to purchase that the purchaser shall have the right and privilege to enter upon <br />the hereinabove described property for the purpose of drilling property to determine <br />whether or not there is gravel located thereon and the extent of said gravel deposits. <br />The purchaser may test for gravel upon the property in any manner it deems appropriate; <br />and, if in the sole and exclusive judgment of the purchaser there is not sufficient gravel <br />to warrant the mining and processing of gravel for commercial purposes, then this <br />contract Is void and the down payment will be refunded and seller will reimburse <br />purchaser for costs incurred in connection with the boundary survey of the property. <br />The boundary survey shall then become the property of the seller. <br />It is agreed by the parties hereto that the purchaser will complete the drilling <br />of the property and make a determination of whether or not sufficient gravel exists in <br />quantities sufficient to mine and process commercially, within sixty (60) days after <br />the date of this agreement. <br />The seller hereby and herewith grants purchaser the right to enter upon <br />the property and drill test holes and move equipment upon the property as the purchaser <br />deems necessary and appropriate and permits access, Ingress, egress and use of the <br />property to conduct a survey of the property. <br />In the event the purchaser determines that there are sufficient quantities of <br />gravel to support a commercial gravel mining operation, in the purchaser's sole judgment <br />and discretion, then the purchaser shall have 120 additional days in which to apply <br />for and obtain all necessary permits, zoning changes, subdivision approval and state <br />permits from federal, state, county and local governments and agencies required <br />to conduct and maintain a gravel mining operation upon the property. The purchaser <br />agrees to expeditiously apply for and prosecute the applications for gravel mining <br />operations and crushing. The seller will join in the requests and execute the necessary <br />documents and cooperate with the purchaser to apply for all permits and approvals <br />from federal, state and local governmental agencies, including the Adams County <br />Planning Commission and the Adams County Board of County Commissioners, for <br />zoning prior to closing and after property has been tested, for platting, subdividing, etc. <br />