PERMFILE64794

• Permit No: M2000154
• IBM Index Class Name: Permit File
• Doc Date: 2/13/2001
• Doc Name: CONTRACT FOR THE SALE OF MINERAL MATERIALS
• Media Type: D
• Archive: No

FEB-13-2001 TUE 03 00 PM •
Form 36nt1-9
tkccmher 1999)
f SupcneJvs Funns UNCI'L'D STATES
3(,0(F4 anJ 36[10.5) DF.PARTMCNf OF THE INTL'RIOR
Rl1REAU OF LAND MANAGEMENT
CONTRACT FOR THE SALE OF MINERAL
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'!hc UNITF.O Srn'rCS OF AMExtc:A aaing through the 6urcau of LanJ Manae_,emcnt and you, the purchaser, make this AGREEML•NT, under the
authority of Thu Act of July 31, 1947 (61 Srat. GSI). as amended (30 U.S.C. 601 through 604), anJ the regulations at 43 CFR, Group 3600.
We agree: II6H Stone CO; INC.
Sec. 1. Connect area -Under the terms and conditions of this contract. the UnireJ States sells to you and you buy the mineral materials listed in
Section 2 and ronmined in the 6alb?winE lands as shown on the map and mining plan attached to this contract
COUNTY STATE TUWNSIiIP RANGE St:CTION ALIUUOT'PARTS htER1UlAN ACREAGE
isn Migttcl CO T45N R17W 27 SENE 23 32.5
Fit Nat»u (if any):
Volley 113
Sec. 2. Antnunr and price of materials -The United Sates Jctcrmines the total purchase price by multiplying the total quantity of each kind of mincml
material JusignareJ by the unit price given bolnw, or as changed Qunugh rrtppni>,al.
lUND OF 61ATtItIALS QUANTITY PRIC: 'T'OTAL PRICE
(Uniu CpcdfrJ) PER Uf•N~
per Ton
Flagstone 2250 ton $12.00 $27,000.00
T07AL
13LM's dclurnunation of the amount of materiah than You have token
unJcr [hc contract is binding on you. You may appal ttus detclminatinn
nsproviJcd inScc. ]6.
}'ou arc liable fur the [oral purchase price, even i( the quantity u(
materials you ultimately exuaet is Icss lh:m the amount shown above.
You may not mine more. than the quantify of materials shown in the
[nlltraCl.
See. 3. Ynyrnenrs, talc, and rcnppruie~nfc -You receive title to the
minttal materials only after you have paid fur them and extracted them
Ynu may not extract the materials until you have paid in advance for
them tither: ^ in full, or (~ in installrr,ents of $ 5,400
etch. 5 annusl
^ IC you pay in full in advance, 6LM will check this box, and
subsections 3(a) through 3(d du nut apply to your rnnrract. You
mu..t pay in frrl(for off safes of $1,000 or Iran.
(a) if you pay in installments, you must pay the Grst installment
before 6LM •q+proves the contract, and you must pay the second
installment bch,re beginning [o exuaet the minerals.
(h) Your next installment payment becomes Jue when the rduc of
the mau:rials you extract i. eyual w the ;+moum of the second enJ any
later imtallntonts you have already paid.
(e) The United Sulus will retain the first installment as security for
your full and Faithful perfunuanec and will apply it to the last installment
requirod lu rook[ the !oral payment equ:d to the total price given in
section 2.
l'be total p+rtchase price cquala the Sum of the total quantities
removed, multiplicJ by their respective unit prices. 7hc balance doe
when Icss than a full installment remains In be paid is the value of nc~
material rculaining unJcr this enntrutt. You mwt pay the total purchse
price nut later than h0 clays bcforc the eontr,+et expires.
if you are late making an installment payrnml4 you mull not
remove any mart material omit you have paid. Itcmuving material you
have not pail for is trespass, and for trespas5 you must Pay al triple the
apprai:'cd unit price, or at [riplu the reappraise) unit pace iE BLM has
male a rrlppraisal. Tn resume removal operations alter you were tale
makino• p.tynlettts, you must nl?tain BLbi's written approval.
Sec. 4. Risk of lnsr -You assume complete risk nC Inss for all materials
to which you hove Gde. if material ancred byy this conlrau is danmgcJ nr
destroyed bcforc tide passes, you aro liable [or all loss suffered if you or
your agents are directly or indirectly responsible for the Damages. If you
are nut responsible for the damage or dcslructinn, you arc liable only to
the esmn[ that the Inss was caused by your failure to remove the material
unJcr the tcn»s of this contract. You era still liable [or breauh of contract
or any wrongful or ncgligcut act.
Sze. 5. Nesporesihiliry for damnFC rn rwrcrials nor soft! rn you -You aro
rciponsiblc for loss or damage to materials not sold whether you are
di;cctiV or indirectly responsible. Yuu are also responsible fur not
pcr(otnung under the contract according lu 1TLM's instructions. If the
Unite) Slates incurs any costs insulting from your breach of any eunuaet
tcn,.ts or Gom your failure to use proper conservation practices, you aro
responsible. I[ the damage resulted frrnn willful or gross negligence, you
arc li:+blc (or triple the appraiscJ value of the Jamagtd or destroyed
mat. riots. If the damage or Destruction did not result Crom willful or gross
negli:cote, you are liable for fusser charges, but not Icss than the
appraised value of the materials.
Sac. 6. Sripulariars and reserved terms -Your rights arc subject to the
rcgvlutio»s at 43 CFR Group 3600 and to any stipulatioru anJ the mining
plan attached to this contract.
~'~- 11LM will check this host if there arc stipulations attached to this
contract.
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