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<br />tr,iy t9va> UNITED STATES
<br />DEPARTMENT OF THE INTERIOR
<br />BUREAU OF LAND MANAGEMENT
<br />CONTRACT FOR THE SALE OF UNITS OF MATERIALS
<br />(APPRAISED AT $2,000 OR.MORE)
<br />osta
<br />Office CCFO
<br />tmw
<br />Conuaet )'/camber
<br />CO-200-MS-00-O1
<br />This AGREEMENT. made this Ldt~lay of, OCTOBER 19i 99 thereinafter called the 'effective date'), under
<br />authority of the Act of July 3l. 1947 (6l Stat 681), az amended (30 U.S.C. 601.604). and the rcgulatioru theteundcr set forth in 43 CFR. Group 3600.
<br />between the UNR'F.D STATES OF AMERIG (hercimfter called the 'Govemmeni ), acting through the Authorized Officer of the Burwu of Land
<br />Management lhercinaftu called the'Authotized Officer`), and
<br />CASTLE CONCRETE COMPANY
<br />(hereinafter called the 'Purchaur').
<br />W tTNFSSETH. That the parties hereto mutually agree az follows:
<br />Sec. 1. Conrmcr area -The Government hereby ills to Purchaser and Purchaxr hereby buys from Governmen[, under the terms and conditions u(thix
<br />contract. all the mineral materials described in Sec. 2 below, for severance. extraction, or removal which is
<br />more or leu, on the following-described in lands situated in the County of FREMONT
<br />State of COLORADO az shown on the minrng plan marked'Exhibit C: attached herc[o and made a pan hcrcof, viz:
<br />Township 17 S R'r+st 68 W, ,Sec, 15 SE~NE)LSE'~, SE~SE~, S'~SW~SE'y, 6th Prin. Meridian.
<br />containing 70 acres, more or less.
<br />Sec. 2. Amount and prier of mamrfaLr -The total purchau price shall be detcnnined by multiplying the total quantity o(tach kind of mineral material
<br />designated by me respective unit price az set forth below, or as changed through reappraisal hereunder.
<br />KTND OF MATERIA[S QUANTITY
<br />(Urtirs Spccifred) PRICE
<br />PER UNIT TOTAL PRICE
<br />RIP RAP 300,000 tons $0,56/T $168,000.00
<br />70TAL 300,000 $168,000.00
<br />Determination by the Authorized ORcer of the quantity of materials
<br />:akcn shad be binding oa Pucahazer subject to appeal only u provided in
<br />iec. 8.
<br />SeC. 3. Parmrars. postage of lfr(c. risk of loss, rertppmisa(r -Title to
<br />naterials sold hereunder shall pass to Purchaes only upon xveance or
<br />:xtraction of and proper payment for such muerials. No part of the
<br />nateria{s sold hereunder shat{ be severed, extracted or removed by
<br />'urchaxr until advance paymen[ for such materials has been made in
<br />acordanm with the foNowing:
<br />(a) O ]f this, box Ls checked. payment for contract is made in
<br />'tall and subsations 3 (b) lhroagh 3 (d) do not apply to this aontnet
<br />(b) Unless materials sold under this contract arc paid for in full in
<br />dvance, paymen[ for materials shall be made in installments of not Icss
<br />hart 5 16 800 each. The Rest installttxnt of payment
<br />hall be patd poor to approval of this contrac[ and the second installmcn[
<br />hall be paid prior to commencement of severance, extraction or removal
<br />petitions hereunder.
<br />(c) Each additional ins[allment shall become due and payable
<br />Without prior notice to purchazer whenever the value of materials severed
<br />r extorted hereunder shall equal the sum of the second and subsequent
<br />tstallments already paid by Purehaxr. The first installment shall be
<br />:taincd as additional security for the full and faithful performance of this
<br />rntact by Purchaser, and shall be applied in whole or in part to the
<br />aymcnt of the last installment required hereunder to make the total
<br />syment equal the total price set forth in Sec. 2. above.
<br />' The total purchase price shall equal the sum of the mtal quantities
<br />xvertsL exaacted, or designated therefor, multiplied by their respective
<br />unit prices. The balance due where Icss than a full installmrnt remains to
<br />be paid upon the 'total price' will be the value of material remaining to be
<br />severed or extracted. Each instillment shall be held in suspense un[il the
<br />quantty of materials coveted thereby haz been determined. The toml
<br />purchaze price mrast be paid prior to sixty (60) days before the
<br />ezpiratioa date of the contract
<br />If any additional instillment payment is not made by the time
<br />requited under this station, operations under contact shall be supended
<br />immediuely. aad Ito tttaterials may. be removed fmm contract arw during
<br />the period of such srspension. Materiab severed, extntted, or temovcd
<br />during any such period of suspension shall be deemed taken in trespass
<br />i and'be charges to and paid for by Purcfiaxr at triple the unit rnnvact
<br />price therefor, or u triple the rcappnixd unit price if a reappaivl has
<br />been made. Resumption of taking will be audroriud, in writing, by the
<br />Authoriud Omcer only after such required payments have been made.
<br />(d) Purchaser shall assume complete risk of loss for all materials. title
<br />to which has passed. If material covered by this contract, title to which
<br />' has not passed, is damaged or destroyed, Ptuchaxr shall lx liable far all
<br />I lou suffered if Pumhuer, his contnetors, or subcontractor, or employees
<br />- of any of them. are directly or indirectly responsible for the damage. If
<br />such material is damaged or destroyed without fault on their pan.
<br />Pucahacr, shall be liable for loss sustained to the extent thu it is cauxd
<br />j by his failure to sever, eztnct. or remove the damaged material under the
<br />circumstances and terms of this contact except thu nothing herein shall
<br />be construed m relieve either party from liability for breach of contact or
<br />any wrongful of negligent act.
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