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<br /> <br />BLANKET PURCHASE AGREEMENT <br />BETWEEN <br />USDA Forest Scn~ice <br />Medicine Bow-Routs National Forest <br />2468 ]ackson Street <br />Laramie, WY 82070 <br />(307)745-2300 <br />BPA NO.: 45-5508-0-0501 <br />SCOPE OF AGREEMENT <br />AND Cody Company DBA Big Creek Ranch <br />Atrn: Mark Dunning <br />ST RT Box 73 <br />Encampment. WY 82325 <br />(307)327-5549 <br />Date: February 17, 2000 <br />This blanket purchase agreement is issued to establish arrangements between the USDA Forest Service, Medictne Bow-Roust <br />National Forest, hcreinafter referred to as the Forest Service, and Big Creek Ranch, hereinafter referred to as Big Creek <br />Ranch that will I) allow the Forest Service and Forest Service contractors and subcontractors to quarry, mine, and remove <br />gravel and rock (hercinafter referred to as 'materials') from the location on Big Creek Ranch particularly described in Exhibit <br />"A" attached to this agreement and made a part of this agreement; and 2) allow the Forest Servtce and Forest Service <br />contractors and subcontractors to use roads from the location described in Exhibit "A" to Colorado Highway 125. !f Forest <br />Servicc contractors or subcontractors remove materials from the location described in Exhibit "A", the Forest Service will <br />identify those contractors and/or subcontractors to Big Creek Ranch in advance, and a Forest Scrvicc representative will be <br />present on the site at all times with Forest Service contractors and/or subcontractors. <br />TERM OF AGREEMENT <br />This Blanket Purchase Agreement shall remain in effect from March 1, 2000 until December 31, 2005 unless cancelled by <br />either parry. Either party may terminate this agreement by written notice to the other parry. Termination shall become <br />effective 90 days from the date the termination notice is received. In the event the Big Creek Ranch terminates this <br />agreement, all reclamation activities may be completed after the effective date of termination. Reclamation activities other <br />than revegetation shall be complete within nine months of the effective date of termination.. It is mutually understood that <br />revegetation activities will be done at the earliest possible time when moisture conditions are favorable far revegetation. <br />OPERATIONS <br />The Forest Service shall conduct its operation in a good and workmanlike manner, and fully comply with all federal, state <br />and local laws and regulations applicable to the Forest Service. <br />COMPENSATION <br />The Forest Service shall pay to the Big Creek Ranch, $1.00 for each cubic yard of materials removed from the the location <br />described to Exhibit A (hereafter referred to as "premises") by the Forest Service during the term oC this agreement. <br />Upon request, the Forest Service shall forward to Big Creek Ranch a report showing the quantity of materials removed from <br />the site [o date. and the dates the materials were removed. Whether or not requested, the Forest Service will send Big Creek <br />Ranch such a report at least once per calendar year. <br />Big Creek Ranch may examine the mining procedures at any time. Big Creek Ranch may also examine the records of the <br />Forest Service pertaining to this activity for the purpose of verifying the amount of compensation payable and the method of <br />mining. <br />Big Creek Ranch agrees and understands that the Forest Service will be liable only for compensation generated from this <br />agreemen[ and is no[ liable for compensation due Big Creek Ranch from other entities. <br />Paymen[ terms shall be Net 30 days. <br />~~3 <br />