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<br />LERSE AGREEMENT TO BUY MRTERIRL <br />THIS AGREEMENT is made and entered into on this 16th day <br />of October , XFFBC2003, by and between the Owner(s): <br />Henry T. Southway & Rock I. Southway whose mailing address <br />is 117 White Pine Drive, Alamosa. Co 811 O1 , <br />and Southway Construction Company, Inc. whose address is <br />117 White Pine Drive, Alamosa, Colorado 81182, hereafter <br />referred to as the Company. <br />WITNESS THAT: The Owner(s) for the consideration of one <br />dollar (81.00) and further agreements hereby leases to the <br />Company an option for the purpose of purchasing, processing <br />producing, and removing such material located on land <br />described as follows: <br />See Exhibit "A" Special Warranty Deed <br />a e pri , <br />In the event the Company desires to purchase any material <br />located on the above-described land, the Owner(s) will be <br />paid a royalty fee at the following rate: <br />Aggregate products removed at $ T•B-D• per ton <br />This lease agreement with option to buy material shall <br />commence on the day of this agreement and remain in force <br />for a term of 20 Years , terminating on the <br />16th day of October , #f#~2023 at 12:00 noon. <br />The Company shall have the right of ingress and egress to <br />and from the subject premises and to erect any temporary <br />structures, such as screening, crushing, and/or asphalt or <br />concrete plants: to stockpile material in an area of <br />sufficient size; and to employ any reasonable methods for <br />the removal of said material. <br />The Company agrees to provide liability insurance and shall <br />be responsible for all of its operations related to mining <br />of the property. The Owner(s) will be held harmless for <br />acts of the Company and its employees related to operations <br />on the property. <br />Paym~~tli fcr materials ren~ov_-d froc: th-= property will bs <br />made to the Owner(s) within ten (10) days after payment is <br />received by the Company. <br />The terms hereof shall be binding upon and insure to the <br />benefit of the heirs, executors, administrators, and <br />assigns of the respective parties hereto. <br />