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<br />' y~' ~a f'v~ ,' '''' ;~ .'r,. S%fff7~ f~~tu`OURCB OF SAL Ii.IGHT ~TO` E~ "'+~ ~,~,,. ~~
<br />.'DOH ~F'prsp, (10.' 788 ~ •• • ~ Project No. R8 76 (1 '
<br />DecemberFT9f2 f- ~. 4~i ~' . .
<br />' .~ • (Prev.'U.B. No.,'10); .' . • `'' Locations ~Hd~ivsike - Northeast
<br />OPTION TO 8UY MATERIAL - ~.
<br />,.
<br />'-THIS AGAEEh1ENT, Made and entered into this Lth day of ' Yebrnarr '~::-~ ~,
<br />19 .~7. , by'and between The Holyoke Gun Club '
<br />• -aLQ Gene Harmon - President 3D8 ti:. Uenvor Ave. do yoke. ::olo. 807~h
<br />of_~1i1,ll~pe County ::olorado hereinafter re-
<br />ferred'to as the Owner, and the DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, here-
<br />inafter referred to ae the DEPARTMENT. (The term "DEPARTMENT" shall be construed
<br />to include Department employees, agents and contractors,)
<br />:.WLTNESSETH THAT;
<br />
<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 materiel 1s available from land owned by the "Owner" and
<br />described as follows, to-wits '
<br />A portion of the D1.E.:• of N.W.'} 9eo. 16. T.7N. ^ R^1~ltW.
<br />• ~ l'hi111De i+OUflty. lAlOradO
<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 28th day of February , 19_~~,
<br />at 12:00 Noon, to purchase and remove from the subject premises.
<br />(a)te ~ Uravel et 7tire1~_Cents ( 12c) per (ton) (~u'/3/~~
<br />(b) ,~ .M ~ .~ at ~~..~ Cents ( --C) per (ton) (cu.yd. )
<br />or for a lump sum of $ ••,~,~r ~ . If the Department exercises this Option
<br />within the time aforesaid, t1~e 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'minisium 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 l.s for xemoval of material for usa on Department projects and
<br />maintenance only and removal by any other persons including the Department's
<br />contractor or contractors far 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 />,,
<br />'It•is undgsstood'and agreed that, upon t.ha letting of a contract by the Aepart-
<br />~ent 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, end the contractor may reassign such option to subcontractors
<br />working on said projects. If the option is exercised by the contractor or any
<br />aubcoutractor, nai.d contractor or subcontractor shall have a right to extract all
<br />material needed for the projects cgvered by the contract let by the Department, sub-
<br />ject to all she terms of the Option. ", '„
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