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Forth J000.3 ~ ^ FORM APPROVED -(Iu1Y7~) U OSTATES • OMB NO. Il10C-0ID) DEPARTM OF THE INTERIOR ~Piq' M'rat't~ BUREAU OF LAND MANAGEMENT Office CONTRACT FOR THE SALE OF UNffS OF MATERIALS Contract Number V (APPRAISED AT $2,000 OR MOFJE) COC 59065 This AGREEMENT, made this 12th day of, March ~ 1996 (hereinafter called the 'effective date"), under authority of the Act of July 3I, 1947 (61 Stat. 681), as amended (30 U.S.C. 60I-604), and the regulations thereunder set forth in 43 CFR Group 3600. between the UNfCED STATES OF AMERICA (hereinafter called the "GovemmenC), acting through the Authorized Officer of the Bureau of Ind Management (hereinafter called the "Authorized Officer"), and Ronald Ebbe rtS (hereinafter called the'Purchaser"). W fiNFSSETH. That the parties hereto mutually agree u follows: SOC. t . Contract area -The Govemment hereby sells to Puchuer and Purchaser hereby buys from Government. under the terms and conditions of this contract, all the mineral materials described in Sec. 2 below, for severance, extraction, or removal which is 7 , 000 Cubic yards more or less, on the following described in (ands situated in the County of Sa ~~..{{~~ uel State of Colorado as shown on the mining plan marked "Exhibit C.' atlached hereto an~made~ pan hereof, viz: Township 43 N. Range 17 W. New Mexico Principal Meridian. Section 20: SII}~C}C S}SW}NW}, N}II{d}SiJ} containing 40 acres, more or less. Sec. 2. Amount and price of materials -The total purchase price shall be determined by multiplying the total quantity o(each kind of mineral matcria': designated by the respective unit price as set forth below, or as changed through reappraisal hereunder. KIND OF MATERIALS QUANTITY PRICE I TOTAL PR[CE (Units Specified) PER UNIT Sand and Gravel 7,000 cubic yds~ 50.57 ~ $3,990.00 TOTAL ~ 7,000 cubic yds~ ~ $3,990.00 Determinauon by the Authorized Officer of the quantity of materials taken shall be binding on Purchaser subject to appeal only as provided in Sec. 3. Sec. 3. Paymenis, passage of title, risk of loss, reappraisals -Title to materials sold hereunder shall pass to Purchaser only upon severance or extraction of and proper payment (or such materials. No part of the materials sold hereunder shall be severed, extracted or removed by Purchaser until advance payment for such materials has been made in accordance with the following: (a) ~If this box is checked, payment for contract is made in full and subsections 3 (b) through 3 (d) do not apply to Wis contmct. (b) Unless materials sold under this contract are paid (or in full in advance, payment for materials shall be made in installments of not less than 5 0 each. The first installment of payment shall be paid poor to approval of this contract and the second installment shall be paid prior to commencement of severance, exvaction or removal aperauons hereunder. fe) Each additional installment shall become due and payable widtout poor nottee ra purchaser whenever the value of materials severed or e.xvacted hereunder shall tqual the sum of the second and subsequent instadmenus already paid by Purchaser. The frst installmcn[ shad be retained as additional secunty for the lull and immrul performance or this .-onuact by Purchaser. and shall be aopiicD m whole or m pan to the payment of the last installment reyuircd hereunder to make the total payment equal the total pnce se[ forth m Sec. ]..[Dove. The total purchae price shall equal the sum of the total quantities severed, exracted, or designated therefor, multiplied by their respccusc unit prices. The balance due where less than a full installment remains :~~ be paid upon the -total price" will be the value of material remaining to 're severed or exuacted. Each installment shall be held in suspense until the quantity of materials covered thereby has been determined. The toiai purchase price must be paid prior to sixty (60) days before thr expimlion dale of the contract. [f any additional installment payment is not made by the fir; required under this section, apemtions under contmct shall be supendr.: immediately and no materials may be removed from contmct area Jurinc the period of such suspension. Materials severed, extmcted. or remo~c:: dunng any such period of suspension shall be deemed taken in trespi~- and be chareed to and paid for by Purchaser at triple the unit comic price therefor, or at triple the reappraised unit price if a reappraisal h=~ been made. Resumption of taking will be authonzed, in writing, by ~~.c Authorized Officer only after such required payments have been made. (dl Purchaser shall assume complete risk of loss for all mamnals, wit to which has passed. If material covered by this conuacr. title io whi::. has not passed. is damaged or destroyed. Purchaser shall be liable :~r :.~. loss suffered i(Purchaser, his canlrac[ors, or subcontractors. or empioyr. of any ai them. are directly or indirectly responsible for the damaee. :. ;uch matenal is damaged or destroyed wnhou[ fault on their pct. Purchaser, shall be liable for loss susramed [o the extent that is is : us:_ by his iatlure ro sever. extract. or remove the damaged marnnai under ~-: circumstances and Icons of this comma rxceot that homing herein BSc. be construed to relieve tither pain from liability for breach of contract anv wron¢tul or negligent act. ~(-JnflnYed ,m rPOPrfN