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(December Q9901 • III I II I II I II IIII III • (Supersedes Forms UNITED STATES RECEIVED 36W-tand3600-5) DEPARTMENT OFTHEINTERIOR BUREAU OF LAND MANAGEMENT ~~~ n p ~foo1 CONTRACT FOR THE SALE OF MINERAL MATE yJl J L 1 FORM APPROVED OMB NO. IGW-0103 Expires: October 71.'(PI? SJFO contract numoer COC 64603 net Is ana ewuy~ The UNITED STATES OP AMERICA acting through the Bureau of LandBI1M~~~e ~ an you, t e purchaser, make this AGREEMENT, under the authority of the Act of luly 31, 1947 (61 Stat. 681), as amended (30 U.S.C. 601 through 604), and the regulations at 43 CFR, Group 3600. We agree: H&H Stone Sec. 1. Contract area -Under the terms and conditions of this contract, the United States sells to you and you buy the mineral materials listed in Section 2 and contained in the following lands as shown on the map and mining plan attached to this contract: COUNTY STATE TOWNSHIP RANGE SECTION ALIQUOT PARTS MERIDIAN ACREAGE >an Miguel CO T45N R17W 27 SENE 23 32.5 Pit Name (if any): Holley 4'3 Sec. 2. Anrounr acrd price of materials -The United States determines the total purchase price by multiplying the total quantity o(each kind of mineral material designated by the unit price given bzlow, or as changed through reappraisal. KIND OF MATERIALS QUANTITY (Units Specified) PRIC}}'---~~ PER UN1'f TOTAL PRICE oer Ton Flagstone 2250 ton $12.00 $27,000.00 TOTAL BLM's determination of the amount of materials that you have taken If you are late making an installment payment, you must not under the contract is binding on you. You may appeal this determination remove any more material until you have paid. Removing material you as provided in Sec. 16. have not paid for is trespass, anJ for trespass you must pay at triple the appraised unit price, or at triple the reappraised unit price if BLM has You are liable for the total purchase price, even if the quantity of made a reappraisal. To resume removal operations after you were late materials you ultimately extract is less than the amount shown above. making paymems, you must obtain BLM's written approval. You may not mine more than the quantity of materials shown in the contract. SeC. 4. Risk of loss - l'ou assume complete risk of loss for all materials to which you have title. If material covered by this contract is damaged or Sec. 3. Parmenrs, title, and reappraisals - 1'ou receive title to the destroyed before title passes, you are liable for all loss suffered if you or mineral materials only after you have paid (or them and extracted them. your agents are directly or indirectly responsible for the damages. I(you You may not extract the materials until you have paid in advance for are nut responsible for the damage or destruction, you are liable only to them either: ^ in tall, or ~ in installments of $ 5,400 the extent that the lass was caused by your failure to remove the material each. 5 annual under the terms of this contract. You are still liable fur breach of contract or any wrongful or negligem act. ^ If you pay io full in advance, BLA7 will check this box, and subsections 3ta) through 3(c) do not apply to }'our contract 3'ou SeC. 5. Responsibility for dnnmge ro materials nor sold ro you ~ 1'ou are must pay in full jot all sa/es of $2,000 or less. responsible for loss or damage to materials not sold svherlter you are (n) IF you pay in installments, you must pay the first installment directly or indirectly responsible. 1'ou are also responsible for not before BLM approves the contract, and you must pay the second Performing under the contract according to BLh1's instructions. It the installment before beginning to extract the minerals. United States incurs any costs resulting from your breach o(any conuact (b) Your next installment payment becomes due when the value of terms or from your failure to use proper conservation practices, you are responsible. It the damage resulted from willful or gross negligence, }•ou the materials you extract is equal to the amount of the second and any are liable (or triple the appraised value of the damaged or destroyed later installments you have already paid. materials. I(the damage or destruction did not result from willful or gross (c) The Unfired States will retain the first installment as security for negligence, you are liable for lesser charges, but not less than the your full and faithful performance and will apply it to the last installment appraised value of the materials. required to make the total payment equal to the total price given in section 2. Sec. 6. Sripnlatiorrs and reserved terms -Your rights are subject ro the The total purchase price equals the sum oC the total quamities regulations at 43 CFR Group 3600 and to any stipulations and the mining removed, multiplied by their respective unit prices. The balance due plan attached to this contract. when less than a full installment remains to he paid is the value of the material remaining under this contract. You must pay the total purchasz ~ BLM will check this box if there are stipulations attached to this price not later than fi0 days before the contract expires. contract. (Continued on rerersc)