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<br />Form 3600-5 UNITED STATES FORM APPROVED
<br />(January 1984) DEPARTMENT OF THE INTERIOR ExpBes Jun0030,01985
<br />BUREAU OF LAND MANAGEMENT O[fice
<br />San Luis Resource Area
<br />CONTRACT FOR THE SALE OF UNITS OF MATERIALS Contract Number
<br />(APPRAISED AT $2,000 OR MORE) CO-050-NS-87-4
<br />THIS AGREEMENT, made this 30t11 da January
<br />Y of 19 87 (hereinafter called the "effective date"), under
<br />authority o! the Act of July 31, Igg7 (6l Stal. 681), es emended (30 U. S, C. 601 -G0q), and the regulations thereunder set forth in q3 C1~ R,
<br />Group 3600, between the UNITED STATES OF AMERICA (herein eft er called the "Gove mment"), acting [hrougb the Aurtro ri.^.eJ Officer of
<br />the Bureau of Land Management (herelna (ter celled the "Authorized Officer"), end
<br />So. Way Co.
<br />{hereinafter celled the "Purchaser").
<br />WITNE$SE TH, Tt:at the parties hereto mutually agree as follows:
<br />Sec. 1. Gan lracf nren -The Government hereby sells to Purchaser and Purchn set hereby buys from Government, under the terms and coedi-
<br />t)'qr~s q(,Jyyis Fonh'q cl all th mineral materials described in Sec. 2 below, (or severance, extraction, er removal, which is 15, 000 1b 115
<br />lJ7,llJ IJ 70 t~1 PL 1Ce~ more or less, on the following-described lands sit ua teA in the County of Alam05a
<br />Stale of Colorado es shown on the mining plan marked "Exhibit C," alto shed hereto end made a part hereof, viz:
<br />Township 2$S- ,Range 73W. Sec. 31, Part Oi Ld~NIJ~Lr 6th PN Meridian,
<br />The site is called the King Pit. Surface owner is So. Way Co.
<br />Mineral Reported dated 8/6/84 (File Code 3060)
<br />containing forty (40)
<br />acres, more or less.
<br />Sec. Z. Amounf n~rd peer o/ moferin(s -The total purchase price shall be determined by multiplying the total qua nlity of each kind of
<br />mineral material designated by the respective unit price es set forth below, or as changed through reappraisal hereunder.
<br />KIND OF MATERIALS QUANTITY
<br />(Units Speci/iedl PRIC F.
<br />PER UNIT TOTAL PRICE
<br />Sand & Gravel Aggregate 15,000 Tons .34 $5,100.00
<br /> (10,000 Cu. 1' X .51 = , 5,100.00)
<br />TOTAL 15,000 Tons .34 I $5,100.00
<br />Detertninstlon by the Authorized Officer of the quanllty of materials
<br />taken shell be binding on Purchaser subJect to appeal only as pro-
<br />vided in Sec. 8.
<br />Sec. 3. Payments, pnssnge of fide, risk n/ loss, rrnpprnrsnfs -
<br />Title to materiels sold hereunder shell pass to Purchaser only upon
<br />severance or ex[r:rction of and proper payment for such malaria ls.
<br />No part of the materiels sold hereunder shell be severed, extracted,
<br />or removed by Purchaser until advance payment for such materials
<br />has been made in :,tcordence with the following:
<br />(a) Unless materiels sold under this contract ere paid for in
<br />full in advance, payment (or materials shell be made in installments
<br />of not less lhon S 510.00 each. An initial payment equivalent
<br />to two inslallmenb; must be paid prior to commencement of sever-
<br />ance or extra coon of materiels hereunder. The first installment of
<br />this initial payment shell be paid prior to approval o[ this contract
<br />and the second in:;lallment shall be paid prior to commencement o[
<br />removal operations hereunder.
<br />(b) Each eddi clonal installment shell become due end payable
<br />without prior notice to Purchaser whenever Lhe value of materiels
<br />severed or extracted hereunder shell equal the sum o[ the second
<br />and subsequent in::tallments already paid by Purchaser. ?he first
<br />insla llment shall he retained as additional security for the full and
<br />faithful performance o[ this contract by Purchaser, end shall be ap-
<br />plied in whole or in pert la the payment of the last installment re-
<br />quired hereunder to make the total payment equal tl,e total price sal
<br />forth In Sec. 2, above.
<br />The total purchase price shall equal the sum of the total
<br />quantities severed, extracted, or designated therefor, multiplieJ by
<br />their respective unit prices. The balance due where less then e
<br />full installment remains to be paid upon the "total price," will he
<br />the value of material remaining to be severed or ex traded. Each in-
<br />stallment shop be held in suspense until tl,e quanlit l' of materials
<br />covered thereby has been determined. The tot el purchase price
<br />teas( be poid prim to srxty (GO) dnys he/n rr evpernnon dote o/ the
<br />confrncr.
<br />If any additional installment payment is not made by the
<br />lime required under this section, operations under contract shall be
<br />suspended immediately end ne materials may be removed from con-
<br />tract area during the period of such suspension. Al at erials sev ered,
<br />extracted, or removed during any such period of suspension shall
<br />be deemed taken in trespass and be charged to and paid (or Lv
<br />Purchaser al triple the unit contract price therefor, or at triple 'hc
<br />reappraised unit price if a reappraisal has been made. Resumption
<br />of taking will be authorized, in writing, by the Authorized O(lic er
<br />only of ter such required payments have been made.
<br />(c) Purchaser shall assume complete risk of loss for all ~nale-
<br />risls, title to which has passed. If material covered by thi~ con-
<br />tract, title to which has not pa sseA, is damaged or dr~i•oyed,
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