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GENERAL41756
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Entry Properties
Last modified
8/24/2016 8:10:03 PM
Creation date
11/23/2007 11:23:06 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1993030
IBM Index Class Name
General Documents
Doc Date
7/1/2004
Doc Name
Mining Agreement
From
John O. Buckner
To
DMG
Media Type
D
Archive
No
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operation dedicated to production. Additional hours of on-site work, clearing trees, mineral <br />recovery by hand, and mechanized equipment used for reclamation are not included in this 30 <br />hours. The POSP will notify the POFP when these days are scheduled. The POSP will set dates <br />for mining to allow for adverse conditions and to allow for ample opportunities to complete <br />production. However, if after setting work dates, circumstances such as changes in Federal, State, <br />County or local government laws, rules and regulations cause the right to mine to be terminated or <br />suspended, or if acts of God such as floods, fires, severe weather or other uncontrollable events <br />cause the termination or suspension of mining operations, the spirit of this Agreement will have <br />been considered to be met for the current year. Generally, mechanized mineral recovery dates will <br />be set for June as to permit time for follow-up or additional work and to allow time for mineral <br />preparation and cleaning. <br />6. Royalty Payment. The POSP shall pay a production royalty of 25% of the gross sales price of <br />the crystallized minerals and miners[ specimens mined and sold from the Properties. All <br />production royalties are payable twice annually on the 1st day of November and on the 1st day of <br />May, or when a minimum of $2,500 in gross sales has been reached. Such payments shall be <br />accompanied with sales records and documentation showing the basis of determination of <br />production royalty. <br />7. Pocket Classification. All pockets of crystallized minerals and mineral specimens found on the <br />Properties will be designated as one of three major groups. Group 1 pockets will contain a <br />majority of premium pieces which will expect to sell for $500.00 each or more in retail value. <br />Group 2 pockets will contain a majority of pieces which will expect to sell for between $100.00 <br />and $500.00 each. Group 3 pockets will contain pieces of some commercial value but which the <br />majority of pieces are expected to sell below $ 100.00 for any one piece. <br />8. POFP Right to Access and Produce. The I?OFP retains the right for self access and reasonable <br />self production from said Properties for as long as he shall live and is able to recover minerals. <br />Self access and self production exclude others from assisting the POFP unless through mutual <br />agreement of the POSP. This Agreement does not permit assignurg this right to any other <br />individual or parties. This Agreement does allow use of mechanized equipment, but not to exceed <br />one quarter of one acre of disturbance at any one time allowed under the current mining permit. <br />Recovery may be in conjunction with the POSP or it may be separate. All mineral recovery must <br />be within the mining permit requirements and appropriate Sate and Federal regulations. Ali <br />reclamation restilting from the POFP's operations are separate of and are the responsibility of the <br />POFP. No restrictions are placed on disposition of minerals recovered. The POFP may elect to <br />enter into agreement with the POSP for disposal or may dispose and sell of his production in a <br />manner he sees fit. The spirit of this provision is to allow the POFF to produce and market <br />specimens as he is fit to do so for as long as he shall live. <br />9. Agreement to Preserve Histor~+ The POSP agrees to use the present names of these mining <br />claims and to credit mineral recovery to the appropriate claim in order to keep historically intact <br />and accurate mining production from these claims and to credit John O. Buckner for their <br />discovery and development. <br />10. Agreement to Preserve Interest. The POFP hereby warrants and represents that he holds <br />proper claim to the Properties, under the 1872 Mining Law, and has fizll power and authority to <br />enter into this Agreement. The POFP agrees to defend the Properties against all persons or entities <br />who would make any other claims to, on, or for the Properties. <br /> <br />
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