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'•'DOff Form No. 788 <br />December 1972 <br />(e'rev. O.F. No. LO) <br />~y. =III 1II'I"'IIIII ~ CC 49-0064-18 <br />Location: Pittance Creek Road <br />OPTION TO BUY MATERIAL <br />THIS AGREEMENT, Made and entered into this 1;Y" day of .l I.~C Y <br />19 76 , by and between White River Aggregates, Inc. <br />of Rio Blanco County Colorado , hereinafter re- <br />ferred to as the Owner, and the DEPART:,~NT OF IiIGHWAYS, STATE OF COLORADO, here- <br />inafter referred to as the DEPARTMENT. (The term "DEPARTMENT" 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 />Part of the SW's, Sec. 36, T. 1 N., R. 94 W., 6th P.M. as shown on attached sketch <br />which is a part of this option. <br />- (Sepxsicti:s:hxs+nx~ic) <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 froc: <br />the date of this Agreement until the ?~~-f day of n r-r r r,a F R , 19 7 ? , <br />at 12:00 Noon, to purchase and remove from the subject premises. <br />(a) Sand and Gravel at 16 Cents (16C) per (ton) ~:~:~c~ <br />(b) Sand and Gravel at 24 Cents (24C) $nrx~xm~x (cu.yd.) <br />or for a lump sum of $xxxxxxxxxxxxxxxxxx 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 ra:.ov- <br />al of material. After the Department has completed its removal operations, it will <br />leave the pre.~aises 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 Ocmer and only with written approval of the <br />Department. '- <br />It is understood and agreed [hat, upon the letting of a contract by the Depart- <br />ment to a contractor for the construction, improvement and maintenance of high~:ays, <br />the Department shall assign to [he contracLOr 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. <br />i <br />Page 1 <br />Please see reverse side for <br />Page 2 <br />