EXHIBIT 10.1
MINING LEASE AGREEMENT
THIS MINING LEASE AGREEMENT ("Lease") is made and entered into this 1
day of May , 1998 (the "Effective Date"), by and between CAN-CAL RESOURCES,
LTD., a Nevada
corporation ("Lessor") and TWIN MOUNTAIN ROCK VENTURE, a California general
partnership ("Lessee").
PRELIMINARY STATEMENT. Lessor is the owner of certain real property and
all mineral rights with respect thereto located in San Bernardino County,
California. Lessee desires to lease such real property from the Lessor together
with the appurtenances, rights, interest, easements and privileges pertaining
thereto for such purposes and upon such terms and conditions as specified in
this Lease.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants and agreements contained herein, and such other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto, intending to be legally bound, hereby agree as follows:
1. Grant. Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, that certain real property situated in San Bernardino County,
California, as more specifically described on Exhibit A attached hereto,
together with all appurtenances, easements and privileges pertaining thereto
(the "Leased Premises"), solely for the purpose of removing volcanic cinders
("Material") and certain rights associated thereto, in accordance with the terms
of, and as specified, in this Lease.
2. Amount of Material . Lessor represents and warrants that it will make
available to Lessee 600,000 tons of Finished Material during the Initial Term
(the "Initial Amount"). Lessor further represents and warrants that it will make
available to Lessee 600,000 tons of Finished Material during the Additional Term
(the "Additional Amount"). For purposes hereof, "Finished Material" shall mean
Material sold, available for sale, or used in block material by or on behalf of
Lessee.
3. Use. Lessee shall designate the Portion of the Leased Premises from
which it desires to remove Material (the "Designated Portion"), which shall be
reasonably calculated to enable Lessee to process the Initial Amount and the
Additional Amount. Lessee shall have the use of and right and easement to the
Leased Premises for the purpose of mining and removing Material from the
Designated Portion. Lessee's rights hereunder shall be exclusive except to the
extent of Lessor's rights reserved in Paragraph 9 hereof in connection with
Lessee's rights granted herein, Lessee shall have and may exercise the following
rights: (a) the right to enter into possession of the Leased Premises, and
during the term of this Lease, to remain in possession thereof; (b) the right to
use the Leased Premises, including the right to disturb so much of the Leased
Premises as Lessee may require to conduct its operation on the Leased Premises
and the use of any surface or underground
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water or water rights occurring therein or appurtenant to the Leased Premises;
(c) the right to mine, extract, and remove from the Designated Portion the
Material in any manner deemed necessary or convenient by Lessee, whether by
surface or other mining methods; (d) the right to crush, stockpile, store, bag,
and otherwise prepare for market all Material; (e) the right to construct, use,
and operate on the Leased Premises structures, excavations, roads, equipment,
and other improvements and facilities necessary for Lessee for full use and
enjoyment of the Leased Premises; (f) rights of surface access for persons,
equipment, supplies, utilities, and water as may be necessary or convenient for
the conduct of Lessee's operations, including reasonable access under, upon, and
across any other intervening or contiguous land owned or controlled by Lessor or
over which Lessor may have dominion or control; (g) the right to temporarily
store on or in the Leased Premises those minerals, water, byproduct, or
materials produced from the Leased Premises; and (h) all things which in
Lessee's judgment with the consent of Lessor (which shall not be unreasonably
withheld) are reasonably necessary or incidental to such operations. Lessee's
use of and rights to Leased Premises shall not include the right to remove or
extract precious metals.
4. Commencement of Operations; Removal of Material. Lessee shall give
Lessor three (3) months written notice prior to the commencement of operations
on the Leased Premises. Such notice shall state the amount of Material
anticipated to be removed, the period of time during which it is anticipated
such removal will occur and the means that will be utilized to effect such
removal. Lessor shall make all arrangements necessary to permit Lessee to remove
the Material.
5. Term and Duration. (a) The initial term of this Lease (the "Initial
Term") shall be the period commencing on the Effective Date and terminating on
the earlier of: (i) ten (10) years from the Effective Date or (ii) the date upon
which Lessee exhausts the Initial Amount.
(b) If Lessee is not then in default under this Lease, Lessee shall have
the option to extend the Initial Term of this Lease for one (1) additional
period commencing on the date of expiration of the Initial Term and terminating
on the earlier of: (i) ten (10) years from the date of expiration of the Initial
Term or (ii) the date upon which Lessee has exhausted the Additional Amount (the
"Additional Term"), upon all of the terms and conditions of this Lease. Lessee
may exercise such option by giving written notice to Lessor prior to the
expiration of the Initial Term. If Lessee is entitled to and does exercise such
option, then this Lease automatically shall be extended for the Additional Term
and no further documentation shall be required.
(c) Lessee shall have a period of three (3) months from the expiration
of the term of this Lease to remove all of its personal property and equipment
from the Leased Premises and to comply with the terms of the Reclamation Plan
filed by Lessee with San Bernardino County.
6. Royalty Payments. (a) Subject to the provisions of this Paragraph 6,
during the Initial Term, Lessee shall pay Lessor a minimum annual royalty of
$22,500 ("Minimum Royalty") for each twelve (12) month period ("Year")
commencing on the Effective Date. The Minimum Royalty for the Additional Term
shall be $27,500 a Year. The Minimum Royalty shall be payable by Lessee in
advance of the commencement of each applicable Year. The
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Minimum Royalty shall be credited as payment on account of all Production
Royalty payments to be paid by Lessee to Lessor hereunder.
(b) Subject to the provisions of this Paragraph 6, during the Initial
Term and the Additional Term, Lessee shall pay Lessor a monthly production
royalty ("Production Royalty") for all Material mined, processed, consumed and
sold or removed from the Leased Premises, during such month, calculated as
follows: (i) the greater of 5% of gross sales, F.O.B. Pisgah Crater, or $.80 per
ton for Material used for block material; and (ii) 10% of gross sales, F.O.B.
Pisgah Crater, for all other Material. Lessee shall receive a credit against the
amount of any Production Royalty payment payable hereunder in an amount equal to
the amount of any Minimum Royalty payments which have not previously been
credited against Production Royalty payments.
(c) Lessee shall install and maintain a certified scale to weigh all
Material removed from the Leased Premises. Scale tickets or other automatic
means shall be used to record the net weight of all such Material removed. For
the purpose of permitting verification by Lessor of any amounts due hereunder,
Lessee will keep and preserve supporting documentation and records which shall
disclose in reasonable detail all information required to permit Lessor to
verify the Production Royalty calculations under this Lease. Upon reasonable
advance notice to Lessee, Lessor or its agents shall have the right, during
Lessee's regular business hours, to examine or audit such supporting
documentation and records. Lessee shall retain such supporting documentation and
records for a period of one (1) year following the termination or expiration of
this Lease.
(d) On or before the 25th day of the month following each full month of
this Lease, Lessee shall forward to Lessor, at the address herein given, or at
such other place or places as shall from time to time designate in writing,
monthly reports indicating thereon the quantity of Material sold or removed from
the Leased Premises during the previous month, as well as a computation of the
Production Royalty due thereon, and a check in payment of the total amount due
thereon.
7. Taxes and Utilities. (a) Lessor shall pay, prior to their
delinquency, all real taxes and assessments which may be levied or assessed by
any lawful authority against the Leased Premises with respect to any period
wholly or partially within the term of this Lease. Lessee shall pay prior to
delinquency all personal property taxes applicable to Lessee's personal property
fixtures, furnishing and equipment located on the Leased Premises, as well as
all production or severance taxes computed or based upon production or removal
by Lessee of Materials from the Leased Premises. If Lessee shall in good faith
desire to contest the validity or amount of any tax, assessment, levy, or other
governmental charge herein agreed to be paid by Lessee, Lessee shall be
permitted to do so, and to defer payment of such tax or charge, until final
determination of the contest. If the outcome of such contest is unfavorable to
Lessee, Lessee shall immediately pay all taxes, charges, interest and penalties
determined to be due.
(b) Lessee agrees to pay all expenses for heat, electricity, lighting,
telephone, waste management fees and charges for water assessed against the
Leased Premises after Lessee takes
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possession of the Leased Premises, arising from Lessee's activities thereon, at
such time as said charges become due.
8. Permits. (a) Lessee shall use its good faith efforts to cause its
Mining Permit, Reclamation Plan and Air Quality Permits to be issued in the
names of Lessor and Lessee; provided, however, that the parties agree and
acknowledge that such permits are only applicable for activities associated with
mining and production of Material. Lessee shall pay for any fees or costs
associated with obtaining and maintaining such permits, except that Lessor shall
be solely responsible for any additional incremental fees or costs attributable
to Lessor's operations. Lessor shall be responsible for posting any required
reclamation bond related to its activities. Lessor shall be solely responsible
for obtaining any required permits or approvals necessary for Lessor to conduct
any other operations.
(b) In the event that Lessee's permits are terminated or not renewed as
a result of Lessor's actions, Lessee may, in its sole discretion, either (i)
terminate this Lease with no further obligations hereunder; or (ii) suspend the
term of this Lease until Lessee reinstates such permits, up to a maximum period
of two (2) years. During such suspension period, Lessee shall have no obligation
to make any Minimum Royalty payments. In the event Lessee's permits are not
reinstated prior to the expiration of such two (2) year period, or in the event
Lessee notifies Lessor that it has abandoned its efforts to reinstate such
permits, this Lease shall terminate, and Lessee shall have no further
obligations hereunder. In the event that Lessee reinstates such permits within
such two (2) year period, the applicable term of this Lease shall be extended
for the period of suspension.
9. Lessor's Reserved Rights. (a) The rights of Lessee granted hereby
shall be subject to Lessor's reserved concurrent right to use the Leased
Premises for the purpose of exploration, development and mining of Material and
the use of any surface or underground water or water rights occurring on or
appurtenant to the Leases Premises; so long as Lessor's use does not interfere
with the rights granted Lessee herein. Lessee shall be entitled to compensation
for any damages caused by Lessor's use of the Leased Premises.
(b) Lessor shall not be entitled to remove or otherwise take possession
of any Material mined or processed by Lessee without Lessee's prior consent;
provided, however, that Lessee agrees that it will identify those Materials
which it classifies as "reject" Materials, which reject Materials shall
immediately, upon identification, become available to Lessor for its use as
permitted hereunder.
(c) Lessor shall conduct its operations within the limits of, and
pursuant to the terms and conditions of all of Lessee's operating permits,
including, without limitation, the Mining Permit and Reclamation Plan and Air
Quality Permits issued by San Bernardino County. Lessor shall indemnify Lessee
for all costs and liabilities related to, connected with or arising from
Lessor's violation of any such permits.
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(d) Lessor shall not conduct its operations in any way which would
adversely affect Lessee's lawful use of the Leased Premises.
(e) Lessor agrees that for so long as this Lease is in effect, it will
not use any Material from the Leased Premises in any manner which is in
competition of Lessee's Business.
(f) The rights reserved by Lessor hereby are personal in nature, and may
not be assigned, to any party which competes with Lessee's Business, without the
prior written consent of Lessee, which consent shall not be unreasonably
withheld.
(g) For purposes hereof, "Lessee's Business" shall mean the business of
mining, production and sale of Material for sale or use in connection with
construction materials, block products, landscaping and snow control within a
500 mile radius of the Leased Premises.
10. Insurance. Each party shall, at its sole cost and expense,
commencing no later than the date upon which either Lessor or Lessee commences
operations on the Leased Premises, and continuing throughout the duration of
this Lease, obtain, keep, and maintain in full force and effect comprehensive
general public liability insurance against claims for personal injury, bodily
injury, death, or property damage occurring in, upon, or about the Leased
Premises in an amount of not less than Two Million Dollars ($2,000,000.00) in
respect to injury or death of one person and to the limit of not less than Two
Million Dollars ($2,000,000.00) in respect to any one accident, and to the limit
of not less than Two Million Dollars ($2,000,000.00) in respect to property
damage with respect to the use of the Leased Premises. Each party shall deliver
to the other party certificates of insurance, which shall declare that the
respective insurer may not cancel the same, in whole or in part, without giving
each party written notice of its intention to do so at least thirty (30) days'
prior written notice.
11. Indemnification. (a) Lessee shall pay, defend and indemnify and hold
Lessor and its officers, directors, shareholders, agents and employees ("Lessor
Indemnified Parties," individually a "Lessor Indemnified Party") harmless from
and against any and all claims of liability for injury or damage to any person
or property arising from the use of the Leased Premises by Lessee, or from the
conduct of Lessee's business, or from any activity, work or thing done,
permitted or suffered by Lessee or Lessee's invitees, licensees, agents,
contractors or employees in or about the Leased Premises or elsewhere. Lessee
shall further pay, defend, indemnify and hold the Lessor Indemnified Parties
harmless from and against any and all claims arising from any breach of any
representation, warranty or covenant hereunder, or default in the performance of
any obligation on Lessee's part to be performed under this Lease, or arising
from any negligence of Lessee or Lessee's invitees, licensees, agents,
contractors or employees, and from and against all costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claim or action or
proceeding brought thereon. In the event any action or proceeding is brought
against any Lessor Indemnified Party by reason of any such claim, Lessee, upon
notice from such Lessor Indemnified Party, shall defend the same at Lessee's
expense by counsel reasonably satisfactory to such Lessor Indemnified Party.
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(b) Lessor shall pay, defend and indemnify and hold Lessee and its
officers, directors, shareholders, agents and employees ("Lessee Indemnified
Parties," individually a "Lessee Indemnified Party") harmless from and against
any and all claims of liability for injury or damage to any person or property
arising from the use of the Leased Premises by Lessor, or from the conduct of
Lessor's business, or from any activity, work or thing done, permitted or
suffered by Lessor or Lessor's invitees, licensees, agents, contractors or
employees in or about the Leased Premises or elsewhere. Lessor shall further
pay, defend, indemnify and hold the Lessee Indemnified Parties harmless from and
against any and all claims arising from any breach of any representation,
warranty or covenant hereunder or default in the performance of any obligation
on Lessor's part to be performed under this Lease, or arising from any
negligence of Lessor or Lessor's invitees, licensees, agents, contractors or
employees, and from and against all costs, attorneys' fees, expenses and
liabilities incurred in the defense of any such claim or action or proceeding
brought thereon. In the event any action or proceeding is brought against any
Lessee Indemnified Party by reason of any such claim, Lessor, upon notice from
such Lessee Indemnified Party, shall defend the same at Lessor's expense by
counsel reasonably satisfactory to such Lessee Indemnified Party.
12. Liens. If any liens or claims of mechanics, laborers, or materialmen
shall be filed against the Leased Premises or any part or parts thereof, for any
work, labor, or materials furnished or claimed to be furnished to Lessee, or on
behalf of Lessee, then Lessee shall cause such lien to be discharged within
thirty (30) days after the date such lien is filed; or if such lien is disputed
by Lessee and Lessee contests the same in good faith, Lessee shall cause such
lien to be discharged within thirty (30) days after the date of any judgment by
any court of competent jurisdiction shall become final.
13. Compliance with Laws. Lessee covenants and agrees that, during the
term of this Lease, Lessee shall comply with all applicable laws, ordinances,
orders, rules, regulations, and requirements of any federal, state, county,
city, and municipal government with respect to the Leased Premises.
14. Default; Remedies. (a) The following shall each be deemed to be an
event of default under this Lease:
(i) The failure by Lessee to pay Minimum Royalties, Production
Royalties or any other amount payable by Lessee under this Lease if such failure
continues for twenty (20) days after written notice from Lessor that such amount
is due; or
(ii) A failure by either party to observe and perform any
provisions of this Lease to be observed or performed by such party (other than
Lessee's obligation to pay), where such failure continues for thirty (30) days
after written notice of such failure; provided, however, that if the nature of
the obligation is such that more than thirty (30) days are required for
performance, then the party shall not be in default if it commences performance
within such thirty day period and thereafter diligently prosecutes the same to
completion.
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(b) In the event of any such default by either party, the non-defaulting
party may elect to terminate this Lease by written notice to the defaulting
party. In addition to the foregoing, if a party fails to keep or perform any
obligation required hereunder, the non-defaulting party shall have the right,
but not the obligation, to perform such obligation on behalf of the defaulting
party, and the defaulting party shall reimburse the non-defaulting party for any
and all sums so paid or costs and expenses incurred within ten (10) days after
submission of written verification of such payments. If the defaulting party has
not reimbursed the non-defaulting party within said ten (10) day period, the
non-defaulting party shall have the right to offset such amounts against any
payments due the defaulting party hereunder.
(c) In the event of a default by Lessee and termination of this Lease by
Lessor, Lessor may, at any time after such default, without limiting Lessor in
the exercise of any rights or remedies at law or in equity which Lessor may have
by reason of such default, re-enter and take possession of the Leased Premises
and remove any persons or property by appropriate legal action.
(d) No remedy specified herein shall be exclusive of any other remedy,
but each shall be cumulative and in addition to every other remedy available
hereunder, at law or in equity.
15. Condemnation. (a) In the event a part of the Leased Premises shall
be taken, by eminent domain for any public or quasi-public purpose, or
transferred by agreement in connection with such public or quasi-public use,
with or without any condemnation proceeding being instituted, and such taking
does not materially affect Lessee's operations, only the Lease on the portion
taken shall then expire, on the date when title to such portion of the Leased
Premises vests in the appropriate authority or on the date possession is
required to be surrendered, whichever is earlier. The compensation or damages
for this taking shall be apportioned by and between the Lessor and Lessee taking
into consideration the residual value of the land and surface rights to Lessor,
the value of this Lease and the unmined Material at the time of taking to the
Lessee, and the future anticipated royalties to the Lessor.
(b) In the event that all or substantially all of the Leased Premises
shall be taken by eminent domain for any public or quasi-public purpose such
that Lessee's operations are no longer economically feasible, then this Lease
shall expire on the date when title to the Leased Premises vests in the
appropriate authority or on the date possession is required to be surrendered,
whichever is earlier. The compensation or damages for this taking shall be
apportioned by and between the Lessor and Lessee taking into consideration the
residual value of the land and surface rights to Lessor, the value of this Lease
and the unmined Material at the time of taking to the Lessee, and the future
anticipated royalties to the Lessor.
(c) A voluntary sale or conveyance under threat of condemnation but in
lieu of condemnation shall be deemed an appropriation or taking under the power
of eminent domain.
16. Subordination. This Lease at Lessor's option shall be subject and
subordinate to the lien of any mortgages or deeds of trust in any amount
whatsoever now or in the future placed on or
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against the Leased Premises; provided, however, that as long as Lessee is not in
default hereunder, any lien or encumbrance shall provide that the holder thereof
will recognize Lessee's rights under this Lease notwithstanding foreclosure of
such lien or encumbrance.
17. Representations and Warranties. (a) Lessor represents and warrants
that: (i) it is the true and lawful owner of the Leased Premises free and clear
of all matters affecting the Lessor's title to or possession of the Leased
Premises, subject to matters of public record (the "Permitted Encumbrances");
(ii) it has good right and lawful authority to grant to Lessee the rights
granted herein; (iii) neither the execution and delivery of this Lease, nor the
fulfillment of or compliance with the terms and conditions hereof, conflicts
with or results in a breach of any of the terms, conditions or provisions of any
other restriction, agreement or instrument to which the Lessor is a party or by
which it or the Leased Premises are bound; (iv) to Lessor's actual knowledge,
there is no condemnation claim or other litigation or claim pending or
threatened with respect to the Leased Premises; (v) except for the Permitted
Encumbrances, there are no leases, subleases, licenses or other agreements
granting other parties the right to use the Leased Premises or options or rights
of refusal to purchase the Leased Premises; and (vi) all buildings, fixtures and
improvements located on the Leased Premises are in good operating condition and
repair and the use thereof does not violate in any material respects any
applicable laws, ordinances, orders, rules, regulations, or requirements of any
governmental authority.
(b) Lessor represents and warrants that it has not used the Leased
Premises or done or permitted anything to be done in or about the Leased
Premises which in any way conflicts with any law, statute, zoning restriction,
ordinance or governmental rule or regulation or requirements or duly constituted
public authorities.
18. Notices. Any notice or other communication which may be permitted or
required under this Lease shall be in writing and shall be delivered personally
or sent by United States registered or certified mail, postage prepaid,
addressed as follows, or to any other address as either party may designate by
notice to the other party:
If to Lessor: Can-Cal Resources, Ltd.
0000 Xxxxxxxxxx Xxxxxx
Xxx Xxxxx, Xxxxxx 00000
With a copy to: Xxxxxxx X. Xxxxxxx, Esq.
0000 Xxxxxxxx, Xxxxx 0000
Xxxxxx, Xxxxxxxx 00000
If to Lessee: Twin Mountain Rock Venture
0000 Xxxxxx Xxxxx
Xxxxx, Xxxxxxxx 00000
Attention: Real Estate Department
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19. Assignment. Lessee shall not assign or transfer this Lease, or
sublet the Leased Premises or any part thereof, without Lessor's prior written
consent, which consent will not be unreasonably withheld or delayed; except that
such consent shall not be required if such sublease, assignment, or transfer by
Lessee is to an affiliate of Lessee.
20. Binding on Successors and Assigns. All covenants, agreements,
provisions, and conditions of this Lease shall be binding upon and inure to the
benefit of the parties hereto, their respective heirs, personal representatives,
successors, and assigns.
21. Partial Invalidity. If any term or provision of this Lease shall to
any extent be held invalid or unenforceable, then the remaining terms and
provisions of this Lease shall not be affected thereby, but each term and
provision of this Lease shall be valid and be enforced to the fullest extent
permitted by law. In the event that any provision of Agreement relating to the
time periods and/or geographic areas of any restriction shall be declared by a
court of competent jurisdiction to exceed the maximum time period or areas that
such court deems reasonable and enforceable, the time period and/or geographic
areas of restriction deemed reasonable and enforceable by the court shall become
and thereafter be the maximum time period and/or geographic areas.
22. Quiet Enjoyment. So long as Lessee is not in default under the
covenants and agreements of this Lease, Lessee shall and may peaceably and
quietly have, hold and enjoy the Leased Premises for the term of this Lease.
23. Governing Law. This Lease shall be governed by the laws of the State
of California.
24. Captions. The captions of this Lease are for convenience only and
are not to be construed as part of this Lease and shall not be construed as
defining or limiting in any way the scope or intent of the provisions of this
Lease.
25. No Waiver. No waiver of any covenant or condition contained in this
Lease or of any breach of any such covenant or condition shall constitute a
waiver of any subsequent breach of such covenant or condition by either party or
justify or authorize the non-observance on any other occasion of the same or any
other covenant or condition.
26. Entire Agreement: Modification. This Lease represents the entire
understanding and agreement between the parties and supersedes all prior written
instruments or memoranda with respect thereto. No modification of this Lease
shall be binding unless it is in writing and executed by an authorized
representative of Lessor and Lessee.
27. Counterparts. This Lease may be executed in one or more counterparts
which together, shall constitute an original and binding agreement on the
parties hereto.
28. Holding Over . If Lessee remains in possession of the Leased
Premises after the expiration of this Lease without the execution of a new
lease, then Lessee shall be deemed to
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occupying the Leased Premises as a tenant from month-to-month, subject to all of
the conditions provisions, and obligations of this Lease.
29. Short Form Lease. This Lease shall not be recorded, but the parties
agree, at the request of either of them, to execute a Short Form Lease for
recording, containing the names the parties, the legal description of the Leased
Premises, and the term of the Lease.
30. Relationship of the Parties. Nothing contained in this Lease shall
be deemed construed by the parties hereto, nor by any third party, as creating
the relationship of principal and agent, partnership, or joint venture between
the parties hereto, it being understood and agreed that no provision contained
in this Lease nor any acts of the parties hereto shall be deemed to create any
relationship other than the relationship of landlord and tenant.
31. Incorporation of Exhibits. This Lease shall be deemed to have
incorporated by reference all of the Exhibits referred to herein to the same
extent as if such Exhibits were fully set forth herein.
32. Attorneys' Fees. If either party takes any steps or brings any
action to compel performance of or to recover for breach of any term of this
Lease, the losing party shall pay reasonable attorneys' fees of the prevailing
party, in addition to the amount of any judgment and costs.
33. Access. The parties acknowledge that Lessee's obligations hereunder
are conditioned upon its continued access to the Leased Premises.
IN WITNESS WHEREOF, Lessor and Lessee have executed or caused their duly
authorized representatives to execute this Lease as of the date first above
written.
CAN-CAL RESOURCES LTD.
By: /s/ Xxxxxx X. Xxxxx
------------------------------------------
Name: Xxxxxx X. Xxxxx
Title: President
TWIN MOUNTAIN ROCK VENTURE
By: /s/ R. Xxxxx Xxxxxxxx
------------------------------------------
Name: R. Xxxxx Xxxxxxxx
Title: Member Mgt. Committee
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EXHIBIT A TO EXHIBIT 10.1
PAGE 1 OF 2
LEASED PREMISES
X 0/0 XX 0/0, X 0/0 XX 0/0 XX 1/4, and N 1/2 SE 1/4 NW
1/4, Section 32, Township 8 North, Range 6 East of the
San Bernardino Base and Meridian; and
Parcels 2 and 3 as more fully described in a quitclaim
deed dated November 4, 1997 between Aurum, LLC and Can
Cal Resources, Ltd. recorded on November 19, 1997 with
a document number of 19970424165.
all of the above being in San Bernardino County, California
DESIGNATED PORTION
That portion of the Leased Premises (as described
above) that is more specifically illustrated on page 2
of this exhibit. Both the "Mining Area" and the "Plant
Area" are to be considered the Designated Portion.
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EXHIBIT A TO EXHIBIT 10.1
PAGE 2 OF 2
PHOTOGRAMMETRY SITE MAP
Prepared by:
Zenith Aerial, Inc.
0000 Xxxxx Xxx. Xxxx
Xxxxx X
Xxxxxxxx, XX 00000
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