GENERAL37345

• Permit No: M1977211
• IBM Index Class Name: General Documents
• Doc Date: 12/6/2001
• From: PIKES PEAK RANGER DIST
• To: LARRY OEHLER
• Media Type: D
• Archive: No

DEC-06-2001 15:36 USDR FOREST SERVICE
719 477 4233 P.13i13
See. 8. Responsibility for damages. Purchaser is liable in damages for the loss or destruction of all Govemment
properly for which Purchaser is directly or indirectly responsible under this contract, or resuting from Purchasers
failure to perform under this contract in accordance with the instruction of the Authorized Officer, as well as for costs
incurred by Govemment resulting from Purchaser's breach of any of the terms hereof, or Purchaser's failure to engage
in proper conservation practice. For damages resulting from willful action or gross negligence of Purchaser,
Purchaser's contractors or subcontractors, or any of their employees, Purchaser is liable for triple the appraised value
of damaged or destroyed materials as determined by the Authorized Officer. If the Authorized Officer determines that
the damage or destruction did not result from Purchaser's willful action or gross negligence, lesser damages maybe
charged, buy not less than the actual appraised value of the materials. Purchaser must pay the Government for such
damages within 30 days after a written demand therefor by the Authorzed Officer.
Sec. 10. Violations. suspension, and cancellation.
(a) If Purchaser violates any provision of this contract, the Authorized Officer may, after giving written notice,
suspend any further operations for the Purchaser under this contract, except such operations as may be
necessary to remedy any violations. The Authorized Officer may grant Purchaser an additional 30 days, after
service of written notice, to correct any violations. If Purchaser fails to remedy all violations, the Authorized Officer
may, by written notice, cancel this contract and take appropriate action to recover all damages suffered by the
Govemment by reason of such violations, including application toward payment of such damages of any advance
payments and bonds.
(b) If Purchaser extracts or removes any mineral materials sold under this contract during any period of
suspension, or if Purchaser extracts any of such material after expiration of the time for extraction or the
cancellation of this contract, such extraction or removal is in trespass and renders Purchaser liable for triple
damages.
Sec.11.Time for removal of personal orooerly. Purchaser has the right within ffiree months after expiration of the
time for extraction and removal of mineral materials, If not in default, to remove equipment, improvements, or other
personal property from Government lands or rights-0i-way. Any Improvements such as road surfacing, culverts, and
bridges which have become a permanent part of a Govemment road may not be removed. Any equipment,
improvements, or other personal property remaining on Govemment lands and rights-of-way at the end of the period
for removal as set forth herein becomes the property of the Govemment.
Sec. 12. Assignments. This contract or any portion of it may not he assigned without written approval of the
Authorized Officer.
Sec. 13. Ten r .Unless otherwise provided by this contract, Purchaser has the right to extract and remove the
materials until the termination of the contract, nolwdhsfending any subsequent appropriation or disposRion under the
general land laws, including the mining and mineral teasing laws.
Sec. 14. Aooeal. Unless specifically exGuded by 36 CFR 251.BD, Purchaser may appeal any decision by the
Authorized Officer regarding this sale of mineral materials.
PURCHASER
~~
-' GERAL J. HERMANS
Vice President
Castle Concrete Company
P.O. Box 2379, C.Springs, CO 80903
Date:. {~-rY-o ~
THE
A.
Pike & San Isabel National Forests
Comanche & Cimarron National Grasslands
Date: December 3, 2001
AMERICA
If this contract is executed by a corporation, it must affix its corporate seal.
TOTRL P. 13