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1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Form ]600-5 UNITED STATES <br />(AUgusr Iv]zl DEPARTMENT OF THE INTERIOR <br />BUREAU OF LAND MANAGEMENT <br />Office <br />EXHIBIT O <br />Nontroee District <br />CONTRACT FOR THE SALE OF UNITS OF MATERIALS Contract Number <br />....• IAPPR AISED AT f2,000 OR MpREI COC48572 <br />TNts AGREEMe NT, made this 23rd day d November 19 88 , (hercinalter called tAe "e!lective date"), <br />wder authority o! the Act of July 31, 1947 (61 Stat. 681), as amended (30 U.S.C. 601-604), and the regutatiws there- <br />under set forth in 93 CFR Group 3600, and the regulations set forth in 43 CFR Perl 23, between the UNITED STATES <br />OF AMERICA (hereinafter called the "Govemmrnt"), acting through the Authorized Officer of the Burnu d Land <br />Management (hereinafter called the "Authorized Officer"), end Jack Gilleland <br />CdJ Gravel Products <br />' ~ ~ 27661 U.S. Highway 160 <br />Durango, Colorado 81301 <br />(hereinafter called the "Purchaser"). <br />g'ITNE55 ET x, That the parties hereto mutually agree es follows: <br />Sec. 1 l.onvacr a.ro -The GovernmeN here 6y sells to Purchaser end Purchaser hereby buys Loin Government, under <br />the terms and conditions of this contract, ell d the mineral materiels described in Sec. 2 below, far severance, ex- <br />traction. o~ rem o.•a 1, which is 135,000 [oas more or less, on the following-0escri bed <br />lends situated in the County of La Plata ,State of Colorado as shown on the <br />mining plan marked "Exhibit C," attached hereto and made a part hereof, viz: <br />Township 34 North ,Range 9 West Nev Nexlco Principal Meridian, <br />(North of Ute Line) <br />Sec[Son J: SL,SWkSEIySWIi <br />bohtaiamg~ ~ ~~~ V - ~ ~~ five acres, mom of "14ser~t <br />Sec. 2. baoanr mid pn, a o/ mmomis -The total purchase pace shall be determined by multiplying the Iatalquantny <br />oP each kind of nu neral material designated by the respective unit price as set lath he low, or as changed through <br />reappraisal hereunder <br />g IMO OF MATERIALS OUAN TITY <br />fl'nm SD.n hedl PRICE <br />PER UNtT TOTAL PRICE <br />Sand and gravel <br />i OT 4L I <br />Determ matron by the Awhonz ed lHUcer of the quantity <br />of materia lk.r aN en shall 6e hindmx on Purchaser sublet! <br />to appeal only as provided in Standard Provisions <br />r Po.,n 1oGU-'I m Sec 25, (hereinafter called "Ea hibit <br />A") <br />Sec. 3. )'a}'•r.rnrs. passage of m)e, rtsi o/ loss. <br />mopyr arsah -Title to mater als sold hereunder shall <br />pass to Purchaser only upon severance or eztrection of <br />and proper payment for such materials. No pan ei the <br />materials sold hereunder shall be severed. eztracted, or <br />removed by Purchaser until advance payment (or such <br />materials has been made in accodance with the <br />fol lowing <br />(a) Unless materia Ls sold under this contract are <br />pad for in toll in advance, payment for materials shall <br />be made in installments d not less than S 3645.00 <br />each. An initial payment equivalent tp two installments <br />must be paid prior to canmen[ement of seveance a <br />extraction of materials hereunder. The tics[ instalhnem <br />of this initial payment shill be paid prior to approval <br />d this contract and the second ins tellment shell be <br />paid prior to commencement of mmoval operatims <br />hereunder. <br />(b) Each additional installment shell become due <br />and payable without prior notice to Pucrhaser whenevn <br />the value of materiels severed or extracted hereurder <br />shell equal the sum of the second and subsequent <br />installments already paid by Purchaser. The first <br />installment shall be retained as additional security for <br />the full and faithful perform once of. Ibis contract by <br />Purchaser. end shall be applied in whole or in part to <br />the paymem of the last mstallm ant required hereunder <br />to make the total payment equal the tarot price set <br />forth m Sec 2, above. <br />The total purchase price shall equal the cum <br />of the tarot gdatitilies'ievered, extracted, or designated <br />therefor, multiplied by rhea respective uml paces. <br />The balance due where less then a full insulbnent <br />remains to be paid upon [he "total price," will be <br />the value of material remaining to he severed or ex- <br />tracted. Each installment shall he held in suspense <br />untrl the quan[ny of malenals covered thereby has <br />hoer detewmed The total ;car. have price must be <br />paid prior to vxry (GUI days be/ore expvahon doe o/ <br />rbe connate. <br />i( any additional installment payment is not <br />made by the time required under this section, operations <br />under contract shall 6e suspended smmediately and no <br />materials may be removed from contract area during the <br />period of such suspension. tlaterie is severed, extracted, <br />or emoved during any each period d euspemioa shall <br />be deemed taken in trespass and be charged to sad paid <br />for by Purchaser at triple the wit tontrect price lhere- <br />foq or at triple the reappreued unit price if a rdppraual <br />has been made order Sec. 13 of Exhibit A. Rsswvp- <br />tiw d taking will be authorised, in writing, by the <br />Authorised OlLcer only titer such required payments <br />have been made. <br />(c) Purchaser shall assume tanplete risk d lass <br />for all meteria LS, title to which has passed. If material <br />