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DOH Form No. 788 Project No. 02-0004-34 December 1972 (Prey. O, F, No. 10) Location: South of Kim OPTION TO BUY MATERIAL THIS AGREEA[ENT, Made and entered into this 25th day of August 19 77 , by and between Cecil & Helen Shannon • Kim rnlnrarln of Las Animas County Colorado hereinafter re- ferred to as the Owner, and the DEPARTAfENT OF HIGHWAYS, STATE OF COLORADO, here- inafter referred to as the DEPARTPIENT, (The term "DEPARTAIEt~IT" shall be construed to include Department employees, agents and contractors.) WITNESSETH THAT: WHEREAS, the Department desires to obtain construction materials of satis- factory quality and quantity for use in construction, improvement and maintenance of its highways, which material is available from land owned by the "Owner" and described as follows, to-wit: Part of the SW 1/4, Sec. 15 & Part of the NW 1/4, Sec. 22, Township 335, Range 53W See sketch on bac NOW, THEREFORE, IT IS AGREED BY THE PARTIES: The Owner, for the consideration of One Dollar, receipt of which is hereby acknowledged, hereby grants to the Department the exclusive right and option from the date of this Agreement until the 31st day of December , 19 79 , at 12:00 Noon, to purchase and remo~e from the subject premises. • T~ . /S- 11~ .5. J.S (a) Gravel at at I=ea. Cents (.Y9'C) per (ton) Q~dSY.X~X) (b) at Cents ( C) per (ton) (cu.yd.) or for a lump sum of $ If the Department exercises this Option within the time aforesaid, the Department•sha11 then have the right to purchase and remove all material necessary for construction of Department projects in the area and for adequate maintenance stockpile. If the Department exercises this Option, the Owner shall be paid a minimum of $25.00. ,The Department shall have the right of ingress and egress to and from the sub- ject premises and to erect any temporary structures, such as: - screening and crushing plants, and asphalt plants; and to employ any reasonable methods fox remov- al of material. After the Department has completed its removal operations, it will leave the premises in a neat condition. This Agreement is for removal of material for use on Department projects and maintenance only, and removal by any other persons including the Department's contractor or contractors for any purpose other than as herein provided, shall be under a separate agreement with the Owner and only with written approval of the Department. It is understood and agreed that, upon the letting of a contract by the Depart- . ment to a contractor for the construction, improvement and maintenance of hifhways, the Department shall assign to the contractor all its right, title and interE•.st under this instrument, insofar as the same shall be applicable to the projects let to the contractor, and the contractor may reassign such option to subcontractors working on said projects. If the option is exercised by the contractor or any subcontractor, said contractor or subcontractor shall have a right to extract. all material needed for the projects covered by the contract let by the Department, sub- ject to all the terms of the Option. Page 1 Please see reverse side for Page 2