Project No.:	enter text	Designation:	enter text
Project ID:	enter text	Parcel No.:	enter text

KNOW ALL MEN BY THESE PRESENTS:

THAT, enter text of enter text hereinafter referred to as the Landowner, for and in consideration of the compensation specified below, does hereby grant unto the Montana Department of Transportation, hereinafter referred to as MDT, the following rights and privileges and further agrees to the terms set forth herein:

1.	For the sum of $enter amt to be paid by MDT, the Landowner hereby grants to MDT and its eventual contractor for this project the Choose an item. right to take and remove materials from any portion of the land described on the reverse side hereof (the “property”), it being understood and agreed that such taking and removal may be done by MDT’s eventual contractor or by its subcontractors, and that this agreement is part of MDT’s contract package. If the contractor or subcontractor chooses to take any of these materials, it must notify the Landowner in writing that it is exercising MDT’s option under this agreement.

2.	In addition to the above consideration, the Landowner will be paid by MDT’s contractor an amount computed by MDT as payment of:

$enter amt per Choose an item. for items bid Choose an item.

for material removed from the property and incorporated into the MDT project under this agreement. Payment will be made by MDT to its contractor only for material actually removed from the property and incorporated into the work of the MDT project, and will be paid to MDT’s contractor based on pay quantities as calculated by MDT. The contractor will not be paid in full by MDT for excavated materials when they are excavated, but only after they are incorporated into the project work and accepted by MDT. MDT cannot guarantee that the amount of materials paid for by MDT will reflect the amount of materials removed from the property. Any materials taken from the property by the contractor that is not incorporated into the work of the MDT project will not be paid for by MDT but must be the subject of another agreement between the Landowner and the contractor. The landowner may renegotiate lower prices if all other conditions of this agreement remain unchanged or MDT agrees in writing to the proposed changes.

3.	MDT, its contractors, and subcontractors may extract as many materials from the property as it deems necessary to satisfy its needs for highway construction and maintenance within the time limit specified below. MDT will keep a record of the quantity of materials actually incorporated into the project’s work and, as the work progresses, the Landowner will be paid by MDT’s contractor for that quantity of the materials incorporated into the work at the agreed-upon rate based on MDT’s monthly progress estimates.

4.	MDT, its contractors, and subcontractors, together with their machinery and equipment shall have the right to operate that machinery and equipment and to process, including but not limited to, setup and operation of a crusher and asphalt plant, and stockpile materials upon the property, and shall have the right of ingress and egress to and from the property for the purpose of removing those materials.

5.	MDT shall include in the construction contract a provision requiring the contractor to take necessary precautionary measures to preclude straying of any livestock into or out of the pit area.

6.	The parties acknowledge that reclamation of the site is required by Montana law and it is therefore agreed that MDT’s contractor will reclaim the area in accordance with the Montana Open-Cut or Strip Mining and Reclamation Act, as amended or applicable. The Landowner and MDT’s contractor must enter into a separate agreement to establish, at least, a final reclamation date before the contractor can make application to the Montana Department of Environmental Quality (DEQ).

7.	To help ensure the success of reclamation work, MDT will require its contractor to construct a fence around the perimeter of the reclaimed area to preclude entrance by livestock, and the landowner, for the additional consideration of fifty dollars ($50.00), agrees to withhold the grazing of livestock on the reclaimed area for a period of two (2) grazing seasons following completion of reclamation work by the contractor.

8.	The fence surrounding the reclaimed area shall become the Landowner’s upon expiration of the two-year grazing moratorium.

9.	If the Landowner desires that all or any portion of the site not be reclaimed, the Landowner agrees to make arrangements with the DEQ to assume responsibility for the reclamation.

10.	It is hereby specifically understood and agreed by the parties that MDT is not obligated to remove or purchase any particular or minimum amount of material from the property.

11.	It is agreed and understood that no agreement by the Landowner and MDT’s contractor or its subcontractor including, but not limited to, bartering for material, deals or other work for the Landowner, may be made without the full knowledge and prior approval of MDT, and it may not affect MDT’s liability under this agreement.

12.	This agreement is in full force and effect from the date below until choose a date.

IN WITNESS WHEREOF, the undersigned has signed this ________ day of________________________, 20_______.

State of
County of

This instrument was acknowledged before me on
(date)

By

(Seal)
Notary Signature Line
Notary Printed Name
Notary Public for State of
Residing at:
My Commission Expires:	/	/	20

Land Description: enter text

Lessee's Consent (if property is leased)

The undersigned, being the Lessee of the lands herein described, consents to the taking and removal of materials by the State of Montana, its agents and employees and by independent contractors of the State, their agents and employees. The undersigned also consents to the right of ingress and egress being granted to the State as set forth in the agreement upon the reverse side hereof.

Signed at	, Montana, on this	Day of	, 20

By
Lessee

INSTRUCTIONS: Three copies of this instrument should be prepared Two copies must be fully signed, and one signed copy given to the Landowner for his records.