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<br />Form 3600-5 UNITED STATES
<br />(lenuery 1984) 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 />FORM APPROVED
<br />CMH NO. 1004-0103
<br />San Luis Resource Area
<br />Contract Number
<br />CO-050-MS-88-4
<br />THIS AC RE EMENT, made this 27th daY of January 19 $$ (hereinafter celled the "effective date"), under
<br />authority of the Act of July 31, 1947 (61 Stat. 681), es amended (30 U.S.C. 601-604), and the regulations thereunder set forth in 43 CFR,
<br />Group 3600, between the UNITED STATES OF AMERICA (herefnafter Called the "Government"), acting through the Authorized Officer of
<br />the Buraeu of Lend Managem ant (hereinafter celled the "Authorized Officer"), end
<br />Southway Construction Company, Inc.
<br />117 White Pine Drive
<br />Alamosa, Colorado 81101
<br />(hereinafter celled the "purchaser").
<br />R'ITNE SSE TH, Thet the parties hereto mutually agree as follows:
<br />Sec. 1. Contract area -The Government hereby sells to Purchaser end Purchaser hereby buys from Government, under the terms and condi-
<br />tions of this contract, ell the mineral materials described in Sec. 2 below, for severance, extraction, or removal which is
<br />more Or le9a, On the following-described lends situated in the COanty of SagUaC he
<br />State of COlor ado es shown on the mining plan marked "Exhibit C," attached hereto end made a part hereof, viz:
<br />Township 43N. ,Range 7E. Sec. 2 NWZSWti Meridian,
<br />- This site is referred to as the Swede's Corner Pit
<br />- Colorado Mine Land Reclamation Pit M87-175
<br />- Material will be used for Colorado Highway Project C35-0285-06
<br />containing
<br />9.66
<br />acres, more or less.
<br />Sac. Z. Amount and price of mare riots -The total purchase price shall be determined by multiplying [he total qua nli[y o[ each kurd of
<br />mineral materiel designated by the respective unit price es set forth below, or es changed through reappraisal hereunder.
<br />KIIiD OF MATERIALS QUANTITY
<br />(Units Specified) PRICE
<br />PER UNIT TOTAL PRICE
<br />Road Base 12,311 cu. yd. .31 $3,816.41
<br />:. Agg. (Base Course) 3,482 cu. yd. .37 $1,288.34
<br />~. Other Aggregrate 23,885 ton .30 $7,165.50
<br />TOTAL
<br />$12,270.25
<br />Determination by the Authorized Officer of the quantity of materiels
<br />taken shell be binding on Purchaser eubJect to appeal only es pro-
<br />vided in Sec. 8.
<br />Sec. 3. Payments, passage of title, risk o/ loss, reappraisals -
<br />Title to materials sold hereunder shell peas to Purchaser only upon
<br />severance or exUection of end proper payment [or each materiels.
<br />No pert of the materials sold hereunder shell be severed, extracted,
<br />or removed by Purchaser until advan<e payment tos such materials
<br />has been made in accordance with the following:
<br />(e) Unless meteri els sold under this contract ere paid for in
<br />full Ln advance, payment [or materiels shell be made in installments
<br />of not less than S 2,454.05 each. An initial payment equivalent
<br />to two installments must be paid prior to commencement of sever-
<br />ance or extraction of materiels hereunder. The first installment of
<br />this initial payment shell be paid prior to approval of this contract
<br />end [he second installment shell be paid prior to commencement of
<br />removal operations hereunder.
<br />(b) Each additional installment shall become due end payable
<br />without prior notice to Purchaser whenever the value of materiels
<br />severed or extracted hereunder shell equal the sum o[ the second
<br />end subsequent installments already paid by Purchaser. The first
<br />installment shell be retained as additional security [or the full end
<br />faithful performance of this contract by Purchaser, end shell be ep-
<br />r.lied in whole or in pert to the payment of [he lest installment re-
<br />quired hereunder to make the total payment equal the total price set
<br />forth in Sec. 2, above.
<br />The total purchase price shell equal the sum of the total
<br />quantities severed, extracted, or designated therefor, multiplied by
<br />their respective unit prices. The balance due where less then e
<br />full installment remains to be paid upon the "total price," will be
<br />the value of material remaining to be severed or extracted. Each in-
<br />stallment shall be held in suspense until the quantity of materials
<br />covered thereby has been deletm fined. The total purchase price
<br />must be paid prior ra sixty (GOl days be/ore expvarion date a/ rye
<br />contract.
<br />II any additional installment payment is not made by the
<br />time required under this section, operations under contract shell be
<br />suspended immediately and no materials may be removed tram con-
<br />tract area during the period of such suspension. hteteriels severed,
<br />extracted, or removed during any such period of suspension shall
<br />be deemed taken in trespass end be charged to end paid for by
<br />Purchaser et triple the unit contract price therefor, or et triple the
<br />reappraised unit price it a reappraisal has been made. Resumption
<br />of taking will be authorized, in writing, by the Authorized Officer
<br />only after such required payments have been made.
<br />(c) Purche set shall assume complete risk of loss for ell mete-
<br />rlels, title to which has passed. If material covered by this con-
<br />tract, title to which has not passed, is damaged or destroyed,
<br />
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