Contract for removal of fill and grading.

 

Agreement made _________[date], between _________(referred to as owner) and _________(referred to as contractor). Owner is seized in fee of a certain farm tract situated in _________[legal description].

Owner is desirous of having a portion of the property graded for future commercial or other uses and contractor has agreed to perform the grading work, subject, however, to all of the terms, conditions, options and agreements contained below.

In consideration of the mutual promises and agreements herein contained below and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, owner and contractor covenant, stipulate and agree as follows:

1. Owner retains contractor to grade the property of owner, described in Exhibit A attached to and made a part of this contract, by removing fill dirt and other minerals from the property; the grading operations, however, is subject to the following terms and conditions:

(a). All material removed by contractor from the property described in Exhibit A attached to and made a part of this contract shall become the property of contractor upon payment to owner of the sum of _________ cents (____) per cubic yard of material removed. Payment is to be made on or before the fifteenth day of each month for material removed for the preceding month and in accordance with the cross-sectionings and measurements of the material removed made by or on behalf of contractor.

(b). Grading and the removal of material shall start at the _________[point of beginning] and proceed _________[direction]. However, the grading of that portion of the property extending _________[describe] to a distance of _________ feet shall be graded to an elevation of _________ feet above the elevation now existing and such portion of the grading shall be completed by contractor during the _________[date] calendar year.

(c). Grading and removal of materials shall proceed in such manner as to cause all normal surface water to drain _________[direction] in and to the drainage ditch located on or near the boundary line between the property shown on Exhibit A attached to and made a part of this contract and the property now or formerly of _________[name of adjoining owner].

(d). The grading and removal of materials shall proceed in such manner so as not to disturb or interfere with the enjoyment by _________[second adjoining owner] of a portion of the property of the owner previously acquired by it, nor shall such grading and removal of such materials be conducted closer than _________ feet to _________[building].

(e). Contractor shall obtain all necessary permits that may be required by any public authority for grading and removing materials from the property of the owner shown on Exhibit A.

(f). Contractor shall be responsible and pay for any surveys or engineering work that may be required by contractor in performing the grading operations under this contract.

(g). Contractor shall strip the topsoil and grade and remove materials from _________ acres at a time and will restore and spread the topsoil at the conclusion of the working of each _________ acre area.

(h). Contractor shall have the right at all times to stockpile topsoil and other materials upon any portion of the property shown on Exhibit A until such time as the topsoil is to be restored and/or such material is sold by contractor for construction or other purposes.

2. As a further consideration for this agreement, owner grants contractor such rights of ingress and egress over the property of owner as shall be necessary and convenient for the contractor to proceed with the grading operations contemplated by this agreement.

3. Also, as a further consideration for this agreement, the contractor agrees, at contractor's cost, to blacktop the driveway on the property of the owner on which the recently constructed bungalow is situated as well as the lane leading from _________[highway] to the driveway at a width of _________ feet, the improvements to the lane and driveway to be performed by contractor at such times as weather conditions permit.

4. As a further consideration for this agreement, owner grants contractor the first right and option to remove fill dirt and other minerals from the remaining property of owner (not included in exhibit A) upon the same applicable terms and conditions as set out under numbered paragraphs 1 and 2 of this contract, except that contractor shall pay owner in respect of any dirt or other minerals removed from the additional property of owner the sum of _________ cents (____) per cubic yard for the first million cubic yards removed from the property and the sum of _________ cents (____) per cubic yard for all fill dirt or other minerals removed from such additional property in excess of the one million cubic yards. In the event owner shall elect to have removed from the other property, or any portion of the property, fill dirt or other minerals, he [she] shall notify contractor in writing of such election and a description of the property from which any fill or other minerals are to be removed and contractor shall accept or reject the right to exercise the option in this paragraph granted to contractor within _________ days from the receipt by it of such notice. In the event contractor elects to exercise the option granted, it shall notify owner in writing within the period and this agreement shall govern the rights, obligations and undertakings of owner and contractor. In the event contractor shall elect not to exercise the option then the option shall become absolutely null and void.

5. This agreement shall bind and inure to the benefit of the parties and their respective personal representatives, successors, heirs and assigns.

[Date and signatures]

 

 

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