Free Response to Motion - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM
United States Departm~nt of Agriculture

Document 332-2
Coconino National

Filed 04/28/2005
Forest

Page 1 of 2

Forest Service

2323 E. Greenlaw Lane Flagstaff, AZ 86004 FAX: (520) 527-3620 V/q~FY: (520) 527-3600

Reply TO: 2450 Date: January 28, 1997

Mr. Lorin D. Porter, President Precision Pine & Timber, Inc. P.O. Box 70 Heber, Arizona 85928

Dear Lonnie: The Chief has authorized 1 year extensions on certain timber sale contracts that were awarded prior to January I, 1995. These extensions are not available for contracts that have been previously extended undermarket-related contract term addition contract provisions or to contracts that were sold with the objective of harvesting deteriorating timber. In addition, the Chief authorized deferral of periodic payments for 1 year on extended sales. To receive the extension and periodic payment deferral, purchasers are required to release the Forest Sez-vice from damages for the replacement cost of timber if the contract is canceled in the future. The Hutch-Boondock Timber Sale Contract, ¢~n~r~9~ No. 00~455, is eligible for an extension under this policy. To receive this contract extension you must request it in writing. A contract modification will be necessary to modify the termination date in AT16, the periodic payment determination dates in CT4.264 and to add the Release from Liability Statement. A copy of the Release from Liability Statement is enclosed for your review. Currently the Hutch-Boondock Au~/st 12, 1998. If yOU wish tO discuss Sincerely, Timber Sale Contract doesn't expire until

this or have questions,

please

give me a call.

Enclosure

Case 1:98-cv-00720-GWM
Appendix

001 to Hutch-Boondock

Document 332-2

Timber

Filed 04/28/2005
Sale Contract

No. 005465

Page 2 of 2

The execution of the contract extension modification is contingent upon the execution of this release statement by the Purchaser ~nd the United States. The terms and conditions of this agreement are fully incorporated into contract no. 005465 and supersede any conflicting provisions in the contract (e.g., CT9.5). In consideration for the Government's modification of this contract, no. 005465, by changing the termination date in AT16 - Termination Date and periodic payment determination dates in CT4.264 - Periodic Payment Schedule, Purchaser agrees ~o limit the contractual liability of the Government, as set forth below. Purchaser, Precision Pine & Timber, hereby releases the Government from axly and all liability arising from the suspension, modification, or cancellation (in whole or in part) of contract no. 005465 in order to protect sensitive, threatened, or endangered species, or for other environmental

In the event the United States is compelled to suspend, modify, or cancel (in whole or in part) contract no. 005465 for environmental reasons, Purchaser, Pr~~ision Pine & Timber, and United States agree that the compensation to the Purchaser shall be limited to the following: I. In the event of suspension, a contract term adjustment out-of-pocket expenses in accordance with the contract~ 2q. In-the event of a modification~ a rage redetermination out-of-pocket expenses, in accordance with the contract. and

and_

-3.- In the event of a cancellation (in whole or in part), out-of-pocket expenses; value of unused Purchaser Credit; and estimated expenditures for felling, bucking, lopping, skidding, and decking any products so processed, but not removed from Sale Area because of termination action. Compensation does NOT include the cost of replacement timber. Out-of-pocket expenses do not include attorney's replacement timber, or any other anticipatory losses fees, lost profits, by che Purchaser.

The undersigned agree to the terms and conditions of the Release from Liability Statement as set forth above and agree t_hat the above terms supersede any other compensation and/or liability provisions in this contract. UNITED STATES : PURCHASER:

Signature Contracting

Date Officer

Signature Title

Date

TWO WITNESSES: Signature Name Signature Name

Address

Address