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<br />~II III~I~II~~~~~ II~ <br />sss <br />Mrs. Phyllis Ary <br />January 24, 1992 <br />Page Two <br /> <br />Note: (1) In the event that the <br />Contractor elects to obtain his <br />surfacing material from sources <br />other than Surfacing Pit 59-26-5 as <br />shown on plans, the Department's <br />cost of $1,228.42 for the <br />development of Surfacing Pit 59-26-5 <br />shall be assessed against the <br />Contractor. <br />(2) See pit sheet of plans for <br />seeding requirements. <br />(3) Payment of royalties to Lessor <br />shall be made every 30 days. <br />You were provided with a 2-page "Pit Agreement," copy <br />attached hereto, wherein Demetrio A. Valdez was "Lessor" and the <br />New Mexico State Highway Department was the only other party, <br />providing for use of Mr. Valdez' property from January 1, 1984 to <br />January 1, 1986, and providing for "exclusive" rights of the <br />Department (paragraph 2 of Agreement). You were also provided "Pit <br />Sheet" (too large to send by fax), which states, among other <br />provisions, that: <br />Exclusive rights to Pit No. 59-26-5 are not <br />granted to the contractor under this contract <br />and the State may assign portions of the pit <br />to other projects for the production of <br />aggregates. <br />and bearing a certification stamp or block which states: <br />I, certify that this pit has received <br />Environmental and Archaeological Clearance <br />subject to the following restrictions: <br />A. none <br />ss/WL Taylor 2-3-84 <br />Environmental Program Manager Date <br />