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DOi1 Form No. 788 Project No. 02-0004-34 <br />December 1972 <br />(Prey. O, F, No. 10) Location: South of Kim <br />OPTION TO BUY MATERIAL <br />THIS AGREEMENT, Ctade and entered into this 25th day of August <br />19 77 , by and between Cecil & Helen Shannon <br />• Kim. Colorado <br />of Las, Animas County Colorado hereinafter re- <br />ferred to as the Owner, and the DEPARTI•~C1T OF I1IGMaAYS, STATE OF COLORADO, here- <br />inafter referred to as the DEPARTPIELIT, (The term "DEPART[•IENT" shall be construed <br />to include Department employees, agents and contractors.) <br />WITNESSETH THAT: <br />WHEREAS, the Department desires to obtain construction materials of satis- <br />factory quality and quantity for use in construction, improvement and maintenance <br />of its highways, which material is available from land owned by the "Owner" and <br />described as follows, to-wit: <br />Part of the SW 1/4, Sec. 15 & Part of the NW I/4, Sec. 22, Township 335, Range 53W <br />(See sketch on back) <br />NOW, THEREFORE, IT IS AGREED BY THE PARTIES: <br />The Owner, for the consideration of One Dollar, receipt of which is hereby <br />acknowledged, hereby grants to the Department the exclusive right and option from <br />the date of this Agreement until the 31st day of December , 19 79 , <br />at 12:00 Noon, to purchase and remo~e from the subject premises. <br />(a) Gravel at at fiess Cents ("1b C) per (ton) ~,1cX~X) <br />(b) at Cents ( C) per (ton) (cu.yd.) <br />or for a lump sum of $ If the Department exercises this Option <br />within the time aforesaid, the Department'sha11 then have the right to purchase and <br />remove all material necessary for construction of Department 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 remov- <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 removal of material for use on Department projects and <br />maintenance only, and removal by any other persons including the Department's <br />contractor or contractors for any purpose other than as herein provided, shall be <br />under a separate agreement with the Owner 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 Department shall assign to the contractor all its right, title and interest <br />under this instrument, insofar as the same shall be applicable to the projects Let <br />to the contractor, and the contractor may reassign such option to subcontractors <br />working o^ said projects, If the option is exercised by the contractor or any <br />subcontractor, said contractor or subcontractor shall have a right to extract all <br />material needed for the projects covered by the contract let by the Department, sub- <br />ject to all the terms of the Option. <br />Page 1 <br />Please see reverse side for <br />Page 2 <br />