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Form 3600-5
<br />[.Ianuary 1984)
<br />
<br />UNITED STATES
<br />DEPARTMENT OF THE INTERIOR
<br />BUREAU OF LAND MANAGEMENT
<br />CONTRACT FOR THE SALE OF UNITS OF MATERIALS
<br />(APPRAISED AT 52,000 OR MORE)
<br />d'~
<br />,~ ~;G,...;L
<br />•~. `^ FORM APPROVED
<br />- ! -, q F CMB NO. 1004-0103
<br />~ ~- ~. Expires June 70, 1985
<br />San Luis Resource Area
<br />Number
<br />-3
<br />THIS AG R!lYE N7', made this 28 day of January 19 86 (he rein+fter called the "effective dale"), un.f~
<br />+uthorlty of the Acc of July 31, 1947 (61 Stat. 681), •s !mended (30 U.S.C. 601-604), and the regule lions thereunder set forth in 4} CF'I
<br />Group 3600, between the BNtTlD STATEg OF AMERICA (hereinafter celled the "Govemmcnt"), acting through the Authorized Oflic er
<br />the Bureau of Land Management (here lnalter tolled the "Authorized Officer"), and
<br />So. Way Co.
<br />(hercln+fter oiled the "purchaser").
<br />IYITNls$ETH, Th+t the partite hereto mutuoily agree as follows:
<br />Sac. 1. Contract ar ra -The Govemmcnt hereby sells to Purche aer end Purchaser hereby buys from Oovemment, under the terms •nd cord
<br />dons of this con[rs•_t, all the mineral materials described in Sec. 2 below, for •e verante, extraction, or removal, which is
<br />more or less, on the following-0escrlbed lands si[uoted in the County of
<br />Stale of Colorado •• shown on the mining pl+n marked "Exhlbil C," +tlsched hereto and m+de • part hereo/, viz
<br />Township 2$S. ,Range 73W. Sec. 31, Part of W~N1JZ, bCFI PP1 Merr dr+
<br />Tract contains approximately 40 acres. Surface owner is So. Way Co.
<br />EA I1C0-050-SL-83-3
<br />containing
<br />acres, more or less.
<br />Ssc. Z. Amoonr an4' price o/ marrnafs -The total purchase Deice shell be determined by multiplying the told qua ntily of each kind •
<br />mineral material de r•ignated by the respective unit price •s set forth below, or •s ch •oged through rcsppralsal hereunder.
<br />KIND OF MATERIALS QUANTITY
<br />(Units SpeciJrrdl PRICE
<br />PER UNIT TOTAL PR[CE
<br />Sand and Gravel Aggregate 3,000 'tons .34 $1,(120.00
<br />r
<br />TOTAL 3 000 Tons $1,020.00
<br />DetertnlnPtion by Ihn Authorized Officer of the quantity of materials
<br />Isken shall be bind..ng on Purchaser subject to appeal only as pro-
<br />vided in Sec. 8.
<br />Sec. 3. Payments, passage o/ ri r(r, risk of loss, •rnppmrsuls -
<br />Tilie to materials sold hereunder shall pass to Purchaser only upon
<br />severance or extraction a[ and proper pay meal for such male ri als.
<br />No part o[ the materials sold hereunder shell be severed, eatncted,
<br />or removed by Purchaser unlll ad v+nte Dayment for ouch materi Pia
<br />has been made In accordance with the following:
<br />(a) Unless mat rris7s Bold under lhi• contact are paid fur in
<br />full In advance, payment for maleriala shall be made in instellm cols
<br />of not less than i each. An Iniliel yaYment equivalent
<br />to two installments must be paid prior to commencement o! sever-
<br />ante or extra Ilion of materials hereunder. The first installment of
<br />thin fnlli+l payment shill be paid prior to •pprovni of this contract
<br />Pnd the •etond ins! diment shall be paid prior to commencement of
<br />remevI oper+t loos hereunder.
<br />(b) Each additional toot •Ilment shall become due Pnd payable
<br />without prior notice to Purchaser whenever the value o[ malaria is
<br />severed or eatr+ctefl hereunder shall equal the sum of the second
<br />Pnd •ubaequent instalimenta already paid by Purch es er. The first
<br />installment ah+11 be retained •s addition at security for the full end
<br />f+r th fu{ peAormance of This contract by Purchaser, and shall be ep-
<br />tlled m whole or in pert to the prymcnl of'Ihe IP Si inst•Ilmcnt re-
<br />gutted hereunder to make the total payment equal the total price s•
<br />forth in Sec. 2, above.
<br />The total purchase price shall equal the sum of the tot.
<br />quantities severed, extracted, or designated Iherc(or, multiplietl '
<br />their respective unit prices. The balance due where less than
<br />full installment remains to be paid upon the "total price," well
<br />the value of material remaining to be severed or extracted. Each i
<br />at•Ilment shall be hold in suspense until the qusnt:tY of materi a'
<br />covered thereby hws been determined. The total Durchese prtt
<br />mast be paid pan. to wary f60) do ys hr/o rr rspnptio- date o/ r
<br />ron;ra N.
<br />If any •ddilional installment payment is not made by t'
<br />time required under this •ectien, operations under contract shall
<br />suspended immedi •teiy and no materials may be removed from co
<br />Iract area during the per(od of such suspension. Materi+ls sever
<br />extracted, or removed during any such period of suspension sh.
<br />be deemed taken in trespass and be chwrged to and paid for 1
<br />Purchaser at tnple the once contras pn ce therefor, or at Inple U
<br />tea pprs lsed once Deice i! a reappraisal has been made. K<sumplr.~
<br />of eking will be gut horized, m writing, by the Author zed Oflrc•
<br />only after such required payments have been made.
<br />(c) Purchaser shall assume comyl<te risk of loss for all ms: r.
<br />real a, title to whmh has passed. 1f material covered by this eo~~
<br />lace, ttllr to whmh has not posscJ, is damaged or de sr mye:
<br />
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