Laserfiche WebLink
OPTION TO BUY MATERIAL <br />AGREEMENT, made and entered into this 23" day of June, 2004, by and between The <br />Greer Family Trust, Pat & Lila Greer, Trustees, whose address is 8097 County Road 100, <br />Hesperus, CO 81326, hereinafter referred to as the OWNER, and Nielsons Skanska, Inc., <br />whose address is Post Office Box 1660, at 22419 County Road "G", Cortez, Colorado 81321, <br />hereinafter referred to as NIELSONS SKANSKA, INC., <br />WITNESSETH THAT: <br />THE PARTIES HERETO, for and on behalf of themselves, their heirs, executors, <br />administers, personal representatives, and successors, agree as follows: <br />THAT WHEREAS, NIELSONS SKANSKA, INC. desires to obtain construction <br />materials of satisfactory quality and quantity for use in construction, which materials are <br />available from land owned by the OWNER and described as follows; To wit: <br />Northeast One Quarter (NE 1/4) of Section 7, Township 33 N., Range 12 W, New Mexico Principal <br />Meridian, La Plata County, Colorado, <br />NOW THEREFORE: <br />IT IS AGREED BY THE PARTIES HERETO: THE OWNER for the consideration <br />of Ten Dollars ($10.00), paid in hand, receipt of which is hereby acknowledged, hereby grants <br />to NIELSONS SKANSKA, INC., the exclusive right and option from the date of this <br />agreement until the 1' day of July, 2009, to purchase, extract, process, stockpile, and remove <br />from the subject premises the following: <br />Sand and gravel pit run material and sand and gravel products at a royalty price ofd <br />mpmW and converted volume to weight at 1.50 ton/cubic yard. <br />Measurement to be by certified scale weight for sand and gravel products removed from <br />Greer Property. Payment to be made monthly on or before the 10'h day of each month <br />NIELSONS SKANSKA, INC., shall pay the OWNER <br />per year non-refundable advance royalty, due the first day of July each <br />effective year of this option. Such royalty advance is to apply to royalty payments due <br />for materials purchased and removed during the ensuing year. Any portion not so <br />applied for materials taken during that ensuing year shall be forfeited to OWNER as <br />liquidated damages. Records of materials weighed or otherwise measured and removed <br />shall be made available to the OWNER for examination any time upon request. <br />IF NIELSONS SKANSKA, INC., exercises this Option within the time aforesaid, <br />NIELSONS SKANSKA, INC., shall then have the exclusive right to purchase and remove all <br />material necessary for construction and for adequate stockpiles. <br />NIELSONS SKANSKA, INC., shall have the right to ingress and egress to and from <br />the subject premises and erect any temporary structures and employ any reasonable methods <br />for the removal of said material. After NIELSONS SKANSKA, INC., has completed its <br />removal operations, it will leave the premises in a neat condition according to an "reclamation <br />plan" to be incorporated into the Colorado Mined Land Reclamation Permit and agreed to by <br />the OWNER.