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JOSEPHINA DE LA MARTINIQUE MINING COMPANY

INTERIM LEASE


 

 

This agreement made this ____ day of ___________ 20__ by and between Gary Holt, DBA: JOSEPHINA DE LA MARTINIQUE MINING COMPANY under the laws of the state of Utah, having its principal office at 4885 South 900 East Salt Lake City, Utah 84107, hereafter referred to as “The Mining Company,” or “Lessor” and _______________________, hereafter referred to as “Lessee” having its principle office at _______________________________________. The lease is as follows:

 

  1. Consideration. For the consideration of a one-time nonrefundable consultation fee of $__________________________ (________ dollars) paid to Gary Holt at the time of signing by all parties and receipt is hereby acknowledged for past research. ‘The Mining Company”, hereby gives, grants and conveys this Right to Mine to the lessee. This agreement is subject to all applicable laws and is to facilitate and enable the Lessee or Lessees the right to commence discovery activities or mining in caves or tunnels not regulated by State or Federal agencies. Agreements under this amendment section supersede any part of the agreement and as so appropriate under existing mining laws.

  2. Location of Lessee's Mining Rights. Your mining and development rights are within boundaries of the immediate proximity of “_______________________” discovered site with a global positioning satellite location of _______________N and _______________W for predicted exit and if an adit, the length of the adit, with subterranean boundaries to be those of the length of same cave or both so discovered or mined.

  3. Consultation and Disclosure. In consultation for your mining activities the Mining Companyis advising you for your safety at Hoyt's Peak, Utah. We therefore advise you against mining without appropriate safety measures and experienced mining safety personnel. Please be advised that said cave mines are not known as to whether they are ancient mines or natural cave openings or both. They can be uncovered with minimal disturbance under current National Forest Service regulations 36 CFR 228.4.

  4. General Territory and Authority to Grant Leasing Rights by the Mining Company. They are on mining claims and possible contiguity rights owned by Gary Holt, the owner of the Josephine de la Martinique Mining Company or adjoining possible mines that may require further claims to be filed, and of which you therein will hereby have the right to extract valuable minerals and receive profits therefrom as disclosed in this interim lease agreement. From natural caves or ancient mines existing as interconnected caverns and passageways of unknown origin and may or may not yet be mines. Some ancient mines are located on active claims owned by Gary Holt that has duly entered them as a “Notice of Location” at the Bureau of Land Management in Salt Lake City, Utah. They are the “Josephine de Martinique # 1” (Utah Mining Claim 416512), Josephine de Martinique #2 ( Utah Mining Claim 416513), Josephine de Martinique #3 (Utah Mining Claim 416514), “The Josephine”(Utah Mining Claim 442361) and “The Mother Lode” (Utah Mining Claim 416515) and all adjacent possible continuity mining rights from said claims as authorized under the “General Mining Law of 1872”.

  5. Assumption of Risks and Holding Harmless the Mining Company. You hereby agree to assume all risks, that you are responsible for and agree to hold harmless, Gary Holt or the herein mentioned Mining Company from any liability for personal injury or damages from your mining activities at Hoyt's Peak, Utah. That any advice or counseling and information of a time sensitive nature, that is shared with you is of a “confidential” nature.

  6. Confidentiality. You agree that all confidential information confided to you by Gary Holt relating to Josephine de la Martinique Mining Company activities on Hoyt's Peak, will not be used to compete, or disclosed to others without Gary Holt's express consent. Gary Holt is licensed in the state of Utah as a consultant and represents himself as a consultant and owner of “The Mining Company” only.

  7. Compliance. Any information or consultation he offers is intended to be in compliance and advise for compliance with all State or Federal laws to the best of his ability, including The Archaeological Resources Protection Act of 1979 (16 U.S. C. 551) and the National Forest Services Administrative Code (36 CFR 2724.44a) in particular.

  8. Statutes and Laws. Therefore you hereby agree that you will review said statutes and laws and abide by all applicable laws.

 

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  1. Discovery. Other sites in the Hoyt’s Peak area not under claim by Gary Holt that the Lessee may mine or may be discovered fall under this lease, and may be claimed by Gary Holt and such claims will be part of this agreement as to a non-compete understanding herein, and are part of the lessor rights granted herein unless Grantor of this interim lease, expressly agrees not to include other territories or cave tunnels discovered or to be discovered after the signing of this agreement.

  2. Profit Sharing. Said mining rights entitle the Lessee, to fifty percent (50%) of the initial profits from the sale of valuable minerals recovered by Lessee's mining activities to be equally distributed at the time of said minerals acquisition and or sale. conditions as described in section 12 of this agreement.

  3. Term of Lease. The term of this mining right is _____________________, unless Lessee has not performed any maintenance or meaningful mining activities each year, then this mining right is defaulted to null and void. “Meaningful mining activities” is hereby understood to include all possible due diligence of a discovery and/or development nature to further the successful development herein described of possible mining site. Default as described in this section, and as determined by Lessor is subject to arbitration if requested, and when concluded, notice of default will be given to Lessee(s) and must be corrected within a period of six months or 185 days from receipt of said notice.

  4. Joint Venture and Co-lease holders. If Lessor decides to sell additional leases on this mine with other parties, as co-lease holder(s), a joint venture agreement will be entered into, provided that The Mining Company owner Gary Holt has the option to be the managing partner to that agreement. Should discoveries of valuable minerals worth over one million dollars ($1,000,000.00) be made as determined by Lessor, a joint venture agreement must be entered into by all parties therein for the purpose of further mine development. As referenced in section 10 of this agreement, the 50% distribution of profits with Lessee ends and is then determined based on the joint venture agreement and will not exceed 10% distributed to the Lessee.

  5. Lease Sale or Assignment. Any assignment or sale of mining rights under this interim lease agreement must be qualified by Lessor. The Lessor maintains the right to vet and approve the new Lessee. The Lessee has rights of inheritance to pass down these mining rights in perpetuity, conditioned upon their qualifying as outlined in section 11 of this agreement. If an issue of the Lessee partners cannot be resolved then an arbitration process, appointed by the parties herein is mandatory to settle such disputes who will decide the issue or issues under the existing laws of the State of Utah.

  6. Consultation Fee. The one-time nonrefundable consultation fee as referenced in section 1 of this agreement is agreed payment for past research, to be paid to Gary Holt at the time of signing by all parties and receipt is hereby acknowledged. Ongoing consultation fee to be determined by both parties when requested by Lessee.

  7. Enforcement. Recourse. Arbitration. This interim agreement is subject to State and Federal regulations and other matters that are deemed prudent. That anything in this agreement that is deemed non-enforceable or vague in this agreement does not invalidate other provisions and understandings deemed clear and enforceable in a court of law. That all enforceable provisions in this agreement are to be under the laws of the State of Utah and Utah arbitration is the only recourse for legal issues that may arise.

 

Amendment(s)_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above.

 

__________________________________________                        Sign__________________________________________

Gary Holt-Lessor                                                                         Print___________________________________Lessee

 

 

 

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             (STATE OF UTAH )

                                        :ss

(COUNTY OF SUMMIT )

 

On this____________day of_____________,_________before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary Holt, known to me to be the persons described and who executed the within and foregoing instrument and acknowledged to me that he executed the same.

 

 

______________________________

 

Notary Public

My commission expires:___________

 

(STATE OF _________________)

                                                   :ss

(COUNTY OF _______________)

 

On this____________day of_____________,_________before me, the undersigned, a Notary Public in an for said County and State, personally appeared _________________________ known to me to be the person described and who executed the within and foregoing instrument and acknowledged to me that he executed the same.

 

______________________________ Notary Public

 

My commission expires:___________

 

 

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