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<br />' 0(ficc Form Ilo, 10 .t Nu,-G-28-r.'tit--1;0--
<br />Rev, Septem'uer I, 19G7 `
<br />Coca l i nn: --II:rio-fit~'ek-~-~-6~tt>ti,y
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<br />h; . --. -
<br />OPTION TO IiUY MATERIAL i'l (%;;7 1`l~~l
<br />~ I;ULU. uwWWw U; i~l~Po-,;
<br />THIS AGRECMEr;T, tlade and entered into this ,'~i=w day of-Ac:ul.c~r ,
<br />19_,,.7n by and het~+•een~~.._.,,-,ter-^.;:;. n .,z3~.o:ai.~w-r.~..-.xvcw~t
<br />e
<br />o, ~ Count .-~z.~.n hereinafter re-
<br />ferr d to as the C•rncr, andythr. U4?~,il'itlr!;T OF HIGFfd;,'fS, STATE OF COLORADO, herein-
<br />after referred to as the DEf':,RTt',E!JT, (The term "DEPAP.TME!;T" shall be construed to
<br />include Department employees, agents and contractors,)
<br />NIThESSETH Tt1.4T:
<br />4!HEREAS, the Department desires to obtain construction materials of satisfac-
<br />tory quality and Guzn[ity for use in construction, improven~~nt and maintenance of
<br />its hiohways, which material is availaolc from land owned by the "Owner' and de-
<br />scrEbed as fol!a~rs, to-wit:
<br />in i~,~ `.;? o; S.,otioa 3. Scs;lshin 1 lioy~y, rg.r,•a R4 floc«~ e4 4hn Si~cth i:.y:j,La.
<br />i,~ +' 1n
<br />See sketch on back)
<br />NOW, THEREFORE, IT IS AGREED BY THc PARTIES:
<br />The Owner, for the consideration of One Dollar, receipt of which is hereby
<br />acknowledged, hereby grants to the Departrr~nt the exclusive right and option from
<br />the date of this Agreement until the^,,r.~ day of-::.aa:.::1y+^ l~v_,
<br />at 12:00 Noon, to purchase and remove from [he subject premises.
<br />(a)p;;~.,r-^1 :' F. 7Saz7`aa ate,-olv, Cents (22 C) Per (ton) ?~C4::Y:d~:
<br />(b)Su: fecirrt 6 2ot^ma at n;a.,tgg„Z_ Cents (lg t) per ~y,C,on,~ (cu,yd, )
<br />or fora lump sum of $ If the Department exercises this Option
<br />within the time aforesaid, the Department•shall then have the right to purchase and
<br />remove all material necessary for construction of Departrr~nt projects in the area
<br />and for adequate maintenance stockpile. If the Department exercises this Option,
<br />the Owner shall be paid a minimum of $25,00,
<br />The Department shall have the right of ingress and egress to and from the sub-
<br />ject premises and to erect any temporary structures, such as: - screening and
<br />crushing plants, and asphalt plants; and to employ any reasonable methods for re:rov-
<br />al of material. After the Department has completed its removal operations, it will
<br />leave the premises in a neat condition.
<br />This Agreement is for ranoval of material for use on Department projects and
<br />maintenance only, and removal by any other persons including the Department's
<br />contractur or contractors for any purpose other than as herein provided, shall be
<br />under a separate agrc:er.~ent with the Dwner and only with written approval of the
<br />Department.
<br />It is understood and agreed that, upon the letting of a contract by the Depart-
<br />ment to a contractor for the construction, improvement and maintenance of highways,
<br />the Deo~rtr^r~nt shall assign to the contractor all its ria`tt, title and interest
<br />under this instrurent, insofar as the same shall be applicable to the projects let
<br />to the contractor, and ;he contractor s:ay reassign such potion to subcontractors
<br />working on said projects. if the option is exercised by the contractor cr any
<br />subcontractor, said contractor or subcontractor shall have a right to extract all
<br />material needed for the projects rovered by the contract let by the Uepartment;
<br />subject to all th., tena5 of the; Option.
<br />Pare 1
<br />Please sec reverse side for
<br />!'aqc 2
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