BORROW OPTION
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North Dakota Department of Transportation
Environmental & Transportation Services
SFN10132 (Rev. 01-2009)
Project
Control
Number
Project
Parcel(s)
For the sum of $______________________ and other valuable consideration, receipt whereof is hereby acknowledged,
the undersigned, __________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
of ______________________________________________________________________________________________
(Mailing Address)
for themselves, their heirs, executors and assigns, hereinafter referred to as ''Grantor(s),'' agree to sell and convey unto
the state of North Dakota, for and on behalf of the North Dakota Department of Transportation, hereinafter referred to as
NDDOT, all of the fill material suitable for highway purposes, located in and upon the following-described tract or parcel of
real estate situated in ___________________________ County, North Dakota, specifically:
Use of borrow option is subject to an Environmental Review, Cultural Resource Survey, and a Soil Survey.
Grantor(s) covenant that they are well seised of the property described above, and have the right to grant this material
option on behalf of themselves, their heirs, successors, and assigns, free of any encumbrance impairing or preventing the
removal of such material.
The Grantor(s) further agree that NDDOT and its assignees shall have full and free right of entry upon and use of said
land for the purpose of removing such material.
The Grantor(s) shall be compensated for the material removed at the rate of $______________________ per cubic yard.
In addition, NDDOT or its assignee (Contractor), will, if any material is removed from the option site:
1.
Make a minimum payment of $__________________ equivalent to _______ percent of the estimated _________ cubic
yardage. After the Contractor has removed the minimum quantity estimated, the Contractor shall pay the Grantor(s) 80
percent of the minimum payment within 30 days after NDDOT has made payment to the Contractor. The balance of the
royalty payment shall be paid to the Grantor(s) within 30 days after NDDOT makes final payment to the Contractor and
the Contractor has obtained a pit release from the Grantor(s).
2.
Pay cash rent on the disturbed acreage at the rate of $_________________ per acre. If the optioned area is still being
utilized for borrow after May 15 of the following year, an additional year's cash rent will be paid.
3.
Make an additional rehabilitation payment on the disturbed acreage in the sum of $____________________ per acre.
4.
Make an additional payment of $___________________ per acre if the area excavated was seeded when the work
commenced.
Additional conditions: