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<br />DO!i Form No. 788 Project No. C 22-0160-O1
<br />December 1972 '
<br />(Prey. O.F. No. 10) Location: S.H. 160, Las Animas Co, Line - East
<br />EXIBIT - Source of Legal Right to Enter Page 6
<br />OPTION TO BUY MATERIAL
<br />THIS AGREEi•fENT, ?fade and entered into this 18th day of May
<br />19 78 , by and between Nyle W. E Fern McVey
<br />Pritchett, Colorado 81064
<br />of Baca County' Colorado hereinafter re-
<br />ferred to as the Owner, and the DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, here-
<br />inafter referred to as the DEPARTt•fENT. (The term "DEPARTt•fENT" 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 />IJ11'y of S"vl'~ of Section 9, Township 31 South, Ranpe 50 F7est of the Sirth
<br />Principal 19eridian
<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 ~i~r day o£ necenb~., , 19~_,
<br />at 12:00 Noon, to purchase and remove from the subject premises.
<br />(a) Sand at~phteen Cents (1gC) per (ton) (~a~1y~~
<br />(b) Soil (Borrow) at p;ft en Cents (15 C) per ~(;lf,+f,+~ (cu.yd.)
<br />or for a 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 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 />R`i 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 on 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.
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