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- - -_ - ~, <br />' III IIIIIIIIIIIII III <br />^OH Form No. 788 ~ Project No. FF t~-3(?7) _9.99 <br />~D~,cem6ec 1972 <br />" ~.(Prev, O.F. No. 10) Location: $. H. 115 to PuebloCounty <br />r• <br />OPTION TO BUY MATERIAL <br />THIS AGREEh1EPiT, Made and entered into this 12 day of April <br />19 76 , by and between IDEAL BASIC INDUSTRIES, INC. <br />IDEAL CEMENT DIVISION -- Portland Plant Properties <br />of Fremont County Cola ado hereinafter re- <br />ferred to as the Owner, and the DEPARI'h~NT OF HIGFCdAYS, STATE OF COLORADO, here- <br />inafter referred [o as the DEPARTh~\'T, (The term "DEPARTh1ENT" shall be construed <br />to include Department emplu}~ec~; ~geiits 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 />All soil sand and o~avel located in the NW1/4 and that part of the N1/2 of the SW1/2 <br />north of the D 8 RG RR -- Sec. 22, T. 195, R.bBW of the 6th P. M. <br />sketch on <br />NOW, THEREFORE, IT IS AGREED BY THE PARTIES: <br />c` <br /> <br />The Oo-mer, 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 31st day of December , 19~ , <br />at 12:00 Noon, to purchase and rur:ove from the subject premises. <br />(a) Aggregate at fifteen <br />(b) Common Borrow (soil) <br />ten <br />Cents ( C) per (ton) (cu,yd,) <br />Cents ( C) per (ton) (cu.yd.) <br />or for a lump sum of $ xf the Department exercises this Option <br />within the time aforesaid, the Depar[ment•shall then have the right to purchase and <br />remove all material necessary for construction of Department projects in [he 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 in~:•_•s and egress to and from the sub- <br />ject premises and to erect any tempora ry• structures, such as: - screening and <br />crushing plants, at~d asphalt pl2rits; and to employ any reasonable methods for remov- <br />al of material. After the Uepartm_nt has completed its removal operations, it will <br />leave the premises in a neat,condi[ion. <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 />Dcpar[men~, <br />It is understood and agreed [hat, upon the letting of a contract by the Depart- <br />ment to a contractor for the constructic~.c, 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 :.e applicable to t}re projects let <br />to the contractor, and the contractor may reassign such option [o subcontractors <br />Working on said projects. If the option is exercised by [he contractor or any <br />subcuute.cctor, saLd contractor or subcnntroctur shall have a rll;ht to rxtract all <br />material needed for the projects covered by the contract let by [tee Department, sub- <br />ject to all the terms of ttre Option, <br />Fage 1 <br />Please see reverse side for <br />Page 2 <br />rc <br />