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t <br />i <br /> <br />' DOIt Form No. 788 <br />December 1972 <br />(Pre v. O, F, No. LO) <br />TOGOnnS <br />500.E 1nt <br />P[oj ec[ No. LC 00-000 <br />Location: Statewide Pi[ Cxp to ration-P,E. <br />OPTION TO BUY P41TF.R LAL <br /> <br />1 <br />1 <br /> <br /> <br />i 1 <br />1 <br />1 <br />1 <br />THIS ACREEHEHT, Made and entered into this 8 ~ day of du lv <br />19 77 , 6y and be [wecn Alarik Myrin <br />of Routt County Colorado hereinafter re- <br />ferred to as the Owner, and the DcPART?;ENT OF II LCIfdAY S, 5'i ATE OF COLORADO, here- <br />inafter referred co as the DEPARTP~NT, (The term "DE P.1R1'1 IE IfI" shall be construed <br />to include Department employees, agents and contractors.) <br />WITNESSETH THAT: <br />WHEREAS, the Depar [r.~ent desires to obtain construction materials of satis- <br />factory quality and quantity for use in tc nstruc [ion, improvement and maintenance <br />of its highways, which material is available from land owned by the "Owner" and <br />described as Eollous, Co-wit: <br />W2 of Section 8, Township 1 North, Range E4 Wes[, of the Sixth <br />Principal Meridian. <br />~. tsee sxe rcn on <br />NOW, THEREFORE, IT IS AGREED dY THE PARTIES: <br />The Owner, for [he consideration of One Dollar, receipt of ulti ch is hereby ~~ <br />acknowledged, hereby grants to the Department the exclusive right and option From <br />[he date of this Agreement until the 31 day of Oec ember , 1418 , <br />i. at 12:00 Noon, to purchase and remove from the subject premises. ' <br />(a)Surfacine and Borrow at twenty Cents (20 c) per (ton) (~c1,Y7yYdX) <br />(b) Surfacing and Borrow a[ Chir[y Cents (30 c) per 1Yi~df~) (cu.yd.) <br />or for a lump .s um of If the Department exercises this Option <br />' within [he time aforesaid, the Department•shall then have the right to purchase and <br />remove all material necessary for cons era coon of Department projects in ehe area <br />and for adequate maintenance stockpile. If the Department exercises this Option, .. <br />the Owner shall 6e paid a minimum of $25.00. ~ ~ . <br />TheDeper[ment shall have the right of ingress and egress Co and from [he sub- <br />ject premises and to erect any temporary structures, such as: - screening and <br />i crushing plants,. and asphalt plants; and to employ any reasonable methods for remov- <br />al of material. After the Department has completed its removal ope ra [ions, it wi 11 <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 inc Lading [he Department's <br />contractor or tontrac to is for any purpose otheY than as~here in prow Lded, shall be <br />, under a separate agreement with the Owner and only ui [h written approval of the <br />Department. <br />~ . " <br />It Ss understood and agreed that, upon Che Letting of a~con[ract by the DepaYC- <br />ment to a contractor for [he construction, improvement and maintenance of highways, <br />' ~. [he Department shall assign Co the contractor all~its right, ti tic and interest <br />" under thisinstrument, 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 [he option is exercised by the contractor or any <br />' subcontractor, said contractor or subton tractor shall have a right to extract all <br />' r'" ~ ~ material needed for the projects covered by Che contract LeC by the Department, sub- <br />ject to all the terms of the Op cion. ~ ~ , <br />.. .. -. Page 1 <br />' ~ ~ ~- ~ ~ ~ ~ Please see reverse side for ~~ ~~ <br />_ - - Page 2 <br />