Appendix: Draft Lease Agreement from MacCallum and van Notten
i. WHEREAS Resilient Ways Foundation, a private company not affiliated with any government or governmental agency and having acquired property for the purpose of developing a community, the cluster being known as Terra Incognita, is in the business of developing, maintaining, and promoting the growth of optimal human environments and leasing to its customers exclusive sites giving full access to and enjoyment of the same, and
WHEREAS Jane Doe (“Dweller”) desires space in Terra Incognita for business, residential, and/or other activities,
NOW THEREFORE Resilient Ways, for consideration set forth below, conveys for a renewable period of 99 years to Dweller and her or his heirs and assigns, subject only to the terms and conditions of this agreement, unrestricted admission to Terra Incognita including equal access with all other residents to its common areas and facilities and, in addition, exclusive occupancy of that space known as [a complete property description follows].
ii. Resilient Ways Further Covenants and Promises:
A) To guarantee Dweller quiet possession of his leasehold and the freedom, subject only to the terms and conditions of this agreement, to make full and undisturbed use of that space and of Terra Incognita’s public areas and facilities.
B) To behave toward Dweller and all persons in Terra Incognita in a manner consistent with the “Outline of Natural Rights and Obligations” appended to and made a part of this agreement and, most specifically, not to impose any tax or permit anyone to impose any tax on the person or property of Dweller or of anyone else in Terra Incognita. The word “tax” shall mean any imposition of any levy, fine, or assessment other than as provided for by the terms of this or other agreements voluntarily entered into.
C) To secure in advance from any person entering Terra Incognita for whatever purpose, who is not party to a lease or rental agreement with Resilient Ways, her or his written agreement to abide while in Terra Incognita by the law of Terra Incognita as described in the procedural rules set out in Section [IV.J.3] and the “Outline of Natural Rights and Obligations” appended to and made a part of this agreement.
D) To exercise due diligence in securing the safety of all persons and property in Terra Incognita. To this end Resilient Ways shall, as a minimum:
- Disseminate information concerning health and safety; insurance; technology for the abatement of nuisance effects such as noise, smoke, vibration, noxious gases, odors, glare, heat, fire, explosive hazards, traffic, and waste effluent; and private means of dispute resolution.
- Foster the growth and development of freely competitive judicial and police services in Terra Incognita consistent with the procedural rules set out in Paragraph [IV.J.3] and with the “Outline of Natural Rights and Obligations” appended to and made a part of this lease.
- Reimburse uninsured losses resulting from fire, theft, or bodily injury suffered in Terra Incognita’s public areas, or in Dweller’S private area when said fire, theft or attack originated outside that area and was not caused by negligence of Dweller or his tenants, guests or invitees, provided Dweller has apprised Resilient Ways beforehand of any unusual amounts of property in his possession and has taken reasonable precautions for its safety.
E) To assist the public in making informed land-use decisions in Terra Incognita by, among other things, collecting and disseminating pertinent marketing statistics and related data.
F) To grant no franchises or licenses for doing business in Terra Incognita but to freely encourage such activity.
G) To conduct its business in a manner calculated to maximize the overall capitalized ground-lease revenue in Terra Incognita.
H) To build good relations with other communities by behaving responsibly as a community on the ocean, this including but not limited to
- Taking strict precautions against any kind of environmental degradation
- Volunteering contributions to a common pool to provide relief in time of natural calamity
- Volunteering contributions to a common pool to build facilities perceived as benefiting all and, failing to make such contributions, to forego any benefit from them
I) To have at all times sufficient insurance coverage or available reserves to compensate Dweller for any loss or inconvenience Dweller might suffer as a result of Resilient Ways violating any of the terms of this agreement.
iii. Dweller Covenants and Promises to Resilient Ways:
A) To pay to Resilient Ways or its successors the annual ground rent of the leasehold, exclusive of improvements thereon, half to be paid on the first of January and half on the first of July of each year, or as otherwise agreed by both parties
B) To behave toward Resilient Ways and all persons in Terra Incognita in a manner consistent with the procedural rules set out herein and with the “Outline of Natural Rights and Obligations” appended to and made a part of this agreement.
- To exercise diligence both at home and abroad, not to create a nuisance or endanger the health, safety, or property of other members of the Terra Incognita community or of their tenants, guests, or invitees.
- To be adequately insured against liability for loss or injury that Dweller or her or his tenants, guests or invitees might cause to others. This shall specifically include but not be limited to losses or injuries resulting from her or his violating any part of this agreement, with particular reference to Paragraph [III.C].
- To be adequately insured against loss of her or his own life, property, or earning capacity due to fire, sickness, accidental injury, or acts of God, including natural disasters and the effects of war.
- To purchase any insurance called for by this agreement only from firms carrying the highest certification from a major consumer rating service, and in all such policies to name Resilient Ways as co-insured.
- To scrupulously avoid using or threatening physical force against any person at any time or place, for any reason, where peaceful means of dealing with the problem can be found.
- To be responsible at all times for the actions of her or his tenants, guests, or invitees as if their actions were her or his own own.
IV. Resilient Ways and Dweller Further Agree and Commit:
A) That the individual signatories to this agreement have authority to commit to the fulfillment of the terms of this agreement the full faith and credit of any affected organizations whom they may represent or by whom they may be employed, if such there be, and shall be personally and individually responsible for the consequences of their actions in Terra Incognita. They shall have no protected status before the law by virtue of their membership in or employment by any organization.
B) That this leasehold shall be Dweller’S property to sell, sublet, encumber or otherwise deal with as she or he sees fit, subject only to the terms and conditions of this agreement and to Resilient Ways’S approval, which shall not be unreasonably withheld. If this leasehold is to be transferred to another party or parties, then this original agreement shall be returned to Resilient Ways with the proposed transfer endorsed thereon. Upon approval, Resilient Ways will issue a new agreement to the transferee. In the event Dweller rents or sublets any or all of his space, his agreement(s) with his tenant(s) shall not be in any manner inconsistent with this agreement.
C) That the rent for the site herein leased shall be _____ per annum, and that this rent shall be revised every five years to the then current market value of the site, less a ___-percent reduction to Dweller as a preferred tenant. Market rental value shall be appraised by three disinterested parties selected as follows: Resilient Ways and Dweller each choosing one of three persons named by the other and the third to be selected by those two. Resilient Ways and Dweller shall then each submit to the panel of three their independent appraisals of the rental value of the site for its highest and best use, together with supporting evidence. The panel shall study the appraisals and choose one or the other, as it stands, without modification. Resilient Ways shall make its leasing records freely available to assist the appraisal process. Should Dweller fail to select an appraiser within 30 days after Resilient Ways has submitted three names to him, then Resilient Ways shall be free to make the choice for him. Should either party fail to submit an appraisal, then that of the other will obtain.
D) That if lease or rental payments fall into arrears for ___ days, Dweller shall incur a late penalty of ___ percent of the balance due, and that after ___ days of arrears Resilient Ways shall be entitled, upon 24 hours written notice, to terminate this agreement and resume possession. In such event, Resilient Ways shall first return any rental balance pro-rated to the date of the written notice. Compensation for Dweller’S fixed improvements shall be established in the manner set out in Paragraph [IV.C], above.
E) That this agreement may be modified or terminated at any time by mutual consent, provided, however, that any modification shall be subject to the appended “Guidelines for Letting and Subletting.” Either party acting alone may terminate this agreement upon appropriate notification of the other, as follows:
1) Dweller shall be free to terminate this agreement and quit the leasehold without further liability for rent under any of the following circumstances:
a. Upon six months written notice, in which case the removal or sale of any improvements shall be Dweller’s responsibility and shall be completed by the date of the termination.
b. Upon 30 days written notice following violation or neglect by Resilient Ways of any of the terms of this agreement, including especially any act or threat of violence upon Dweller, his tenants, guests or invitees; entry on Dweller’S premises without Dweller’S express permission; or the imposition of any tax upon the person or property of Dweller, his tenants, guests or invitees. In the event of such termination, Resilient Ways shall:
1 – Return any rents paid ahead by Dweller, pro-rated to the date of the complaint, and shall compensate Dweller for the value of his site improvements as ascertained in the manner set out in Paragraph [IV.C], above.
2 – At its own cost safely transport Dweller and anyone else residing at the time on Dweller’s premises, together with their personal belongings, to any place of their choosing. If this cost exceeds that of transportation to Dweller’S point of origin before coming to Terra Incognita, Dweller shall pay the difference.
2) Resilient Ways shall be free to terminate this agreement and resume possession of the leased or rented space under any of the following circumstances:
a. Upon 24-hours written notice following Dweller’s failure to pay rent in full for a period of 30 days after it has become due and payable. In that event, the compensation for Dweller’s fixed improvements shall be established in the manner set out in Paragraph [IV.C] above, and shall be paid to Dweller by Dweller’s successor, if such there be within a year, and otherwise by Resilient Ways.
b. At the end of any negotiated lease period, following at least one year’s prior written notice, in the event of repeated complaints by other residents of disturbances of the peace. Provided, however, that in the absence of any further complaints after the date of the notice, the notice shall have no effect.
F) That any provisions in this or other agreements entered into in Terra Incognita by Resilient Ways or by Dweller will be null and void if they do not accord with the “Guidelines for Letting and Subletting” attached hereto and made a part of this agreement, or if they conflict with any provisions of this agreement not specifically exempted by said Guidelines. Further that, except for such provisions as may be deleted or modified in accordance with the Guidelines, every lease, sublease, sub-sublease, etc. in Terra Incognita will carry every provision of this agreement.
G) That disputes with anyone inside Terra Incognita that cannot be resolved informally by the disputing parties, including disputes over the terms of this agreement or its performance, shall be settled by a mediator or, failing that, by a neutral arbitrator agreed upon by the parties or chosen in the manner for choosing appraisers in Paragraph [IV.C] above, the arbitrator acting in full conformity with the procedural rules in Paragraph [IV.J.3] below and the “Outline of Natural Rights and Obligations” appended to and made a part of this agreement.
H) That disputes with anyone outside Terra Incognita that cannot be mediated by the disputing parties shall be settled as in Paragraph [IV.G] above or, if this is unacceptable to the other party, Resilient Ways and Dweller will diligently seek a different, mutually agreeable means of resolving the dispute. Disputes involving persons outside Terra Incognita living under customary or other non-legislated law may be settled, failing mediation, by an arbitration panel of two or more judges, an equal number chosen by each of the disputing parties. Both laws, that of Terra Incognita and that of the other, shall apply, and if these conflict, the judges will seek a compromise. Should the judges be unable to agree on a verdict or on selecting a tie-breaking judge, they or one of the parties shall request the International Centre for Settlement of Investment Disputes (ICSID) to appoint a judge, who will then act as their chairman.
I) That any contract that either might make with persons outside Terra Incognita shall contain an arbitration clause specifying a mutually agreeable means of dispute management that will be binding on the parties.
J) Resilient Ways and Dweller further agree that, in the interest of promoting safety and justice,
1. Dweller may offer and perform police services for anyone in Terra Incognita, provided she or he has the sanction of an impartial third party prior to or immediately following the event, and then only:
At the request of a person whose rights have been violated,
Against the person who violated them,
For the sole purpose of remedying such violation,
With the least violent means available, and
Only until the violator agrees to comply.
and that Dweller, performing such services, shall be liable for his actions as if he were acting for himself alone.
2. Dweller may offer and perform judicial, mediation, and arbitration services for anyone in Terra Incognita. When acting in the capacity of a judge, he shall render judgments on questions of law and rights only on the basis of facts as presented, irrespective of the litigants’ opinions, achievements, family, or physical characteristics, and shall only recognize obligations that are consistent with natural rights as set out in the “Outline of Natural Rights and Obligations” appended to and made a part of this agreement. Dweller shall at all such times be responsible for his actions as if he were acting in his private capacity.
3. When acting in such a protective or judicial capacity, Dweller shall observe the procedural rules or protocols set out below. These rules are intended to be a starting point in the search for effective means of defending and enforcing the list of natural rights appended to this document. It is recognized that while natural rights are unchanging, our knowledge of them together with procedures for defending and enforcing them are subject to continual improvement. Hence police and judges in Terra Incognita shall be free to specify more detailed rights, obligations and procedures, provided they are not inconsistent with those set out in this agreement.
The procedural rules immediately following and the “Outline of Natural Rights and Obligations” appended at the end of this agreement shall be capable of amendment at five-year intervals by the unanimous recommendation of Resilient Ways and a panel of five judges who have practiced continuously in Terra Incognita at least five years and earned during each of those years the highest certification from a major consumer rating service. The minimum procedural rules required of anyone residing in Terra Incognita and performing protective or judicial services shall be these:
1. Anyone accused of having violated a person’s natural right shall be presumed innocent until judged guilty by a court of law. Until then, he is entitled to
1.1 Agree with the plaintiff on initiating, interrupting, or terminating any litigation before a judge of his choice.
1.2 Refuse to submit to a judge who has denied his request for a jury. Be informed, in writing and in a language which he understands, of the nature and reason for the charges against him.
1.3 Try to refute those charges (pleas of ignorance of the law shall not be accepted).
1.4 Be assisted and represented by any counsel of his choice and to keep his communications with that counsel confidential.
1.5 Resist interrogation, decline to supply evidence against himself or his organization, and refuse confession.
1.6 Be given a trial without undue delays, in the location where the violation occurred, and be granted a public session of the court.
1.7 Reject procedural and evidentiary rules that infringe upon his presumed innocence.
1.8 Inspect the evidence brought against him and cross-examine his accusers and their witnesses.
1.9 Have his own witnesses testify under the same conditions as the witnesses against him.
1.10 Present his defence in writing, elucidate his defence orally at his trial, and be allowed adequate time for the presentation of his defence.
1.11 Receive a transcript of the trial’s proceedings and verdict.
2. Anyone arrested shall be
2.1 Informed immediately of the reason for his arrest, his right to remain silent, and the possible consequences of making statements, and instructed in writing and in a language that he understands of the nature and reason for the charges against him.
2.2 Given proper food, clothing, shelter, and accommodation as well as immediate access to advisors (to include but not to be limited to lawyers) and the opportunity to post bail.
2.3 Spared all forms of cruel or inhumane treatment.
2.4 Brought without undue delay before a grand jury or impartial court of law, failing which he is entitled to immediate release.
2.5 Released from detention when the court finds the charges lacking in credibility or when sufficient guaranty has been given to insure that he will appear at the trial and obey the judgment, and his release would not unduly hamper the investigation.
2.6 Permitted to receive mail and visitors.
3. Anyone convicted of having violated a natural right is entitled to
3.1 Be informed, in writing and in a language which he understands, of the reasons and evidentiary grounds for his conviction.
3.2 Appeal against his verdict and have its interpretation of the law reviewed by a separate court.
3.3 Avoid forcible execution of his verdict by complying voluntarily.
3.4 Avoid any punishment in the form of imprisonment.
3.5 Avoid any corporal punishment.
4. No one judged by a court of law shall be put in jeopardy again for the same activity, except upon appeal by the plaintiff to another court.
5. Anyone falsely arrested, unduly detained or mistakenly convicted shall be compensated by the responsible parties.
6. Any person in clear and present danger is entitled to use force to
6.1 Defend his rights against immediate attack or stop an attack in progress.
6.2 Arrest his attacker in the act.
6.3 Seize his attacker’s assets whenever they risk disappearing before a police or judicial agency can secure them as a bond for his liabilities.
6.4 Conserve proof or evidence, provided that a judicial agency certifies, either before or immediately afterwards, that: (1) the proof or evidence is or was at risk of being lost and (2) the least violent means available will be or was used.
7. Anyone who believes his natural rights have been violated is entitled to:
7.1 Initiate proceedings against the violator in a court of arbitration.
7.2 Halt such proceedings and suspend or stop the execution of any verdict in his favor.
7.3 Appeal from a verdict of acquittal that does not state the reasons for the acquittal.
7.4Appeal from the verdict in appeal when it overturns the original verdict.
7.5 Have a court’s interpretation of the law reviewed by a separate court of arbitration.
7.6 Have these entitlements exercised by an agent if he is not able to exercise them himself, or by his heirs if he has died.
8. A parent whose child’s rights have been violated is entitled to seek justice on the child’s behalf. If the violator is one of its parents or legal guardians, the child’s insurance company or nearest relatives are entitled to bring suit.
9. Unless the litigants agree otherwise, the costs incurred by the courts for dispensing justice, as well as any litigation costs of the litigants, shall be borne by the defendant if convicted, and by the plaintiff if the defendant is acquitted.
Guidelines for Letting and Subletting
[These guidelines will provide for modifying certain provisions of this agreement such as Paragraphs [IV.C,D,E] (rent terms and termination) to fit the particular circumstances of a sublease, or omitting certain lease provisions inappropriate for subleases, for example Paragraph [II.G] (requirement to operate as a business).]
Outline of Natural Rights and Obligations by Michael van Notten
PREAMBLE: Natural law describes the voluntary, universal order of human society. It originates in our life as reasoning human beings among our kind. It acknowledges the right of every person to live a life governed by his own goals, judgments and beliefs, and it serves to prevent as well as resolve conflicts among people. It stipulates that every person shall be free to dispose of his property and shall refrain from disposing of the property of others without their permission. It permits all activities that do not infringe upon the person or property of another. This law takes priority over all other principles and rules that shape human society, including rules legislated by parliaments or established by contract. It requires that enforcement be pursued in ways consistent with itself. Under the disciplines of profit and loss, supply and demand, and peaceful competition in the free market, means of enforcement can be expected to continually improve.
In order to safeguard the freedom of all who visit or dwell in Terra Incognita, Resilient Ways has undertaken as set out below to identify the principles of natural law and their derivative rights and obligations. As a prerequisite to entering Terra Incognita, every person must agree to this law and be insured at all times against any liabilities arising under it. These natural law principles and all contractual obligations consistent with them and freely undertaken by its dwellers and visitors shall be the only law in Terra Incognita. Anyone in Terra Incognita is free to offer and perform police and judicial services [IV.J.1,2]. The procedural rules, or protocols, required of police and judicial workers in defending and enforcing the rights of dwellers and visitors to Terra Incognita are set out in Section [IV.J.3] above.
Principles of Natural Law
Everyone is free to:
Form and hold her own opinions,
Use her body as she sees fit,
Have as her property anything not belonging to another,
Make and perform agreements with others of her choosing, and
Defend these freedoms.
Everyone has a fundamental obligation to honor the rights of others by refraining from:
Claiming or pretending to be or to represent another person without her or his explicit or implicit consent,
Using or threatening force against peaceful persons, or
Disposing of other people’s property without their permission.
Anyone who violates a natural right of another has an obligation to
Cease such violation,
Return to their rightful owner any property alienated, and
Make restitution for losses suffered.
Such a person loses, to the benefit of his victim and to the extent required for remedy, his right to dispose of his property until payment is made or agreed upon. Should the rights violator and his victim fail to agree on whether a violation of natural rights occurred, what property was alienated, who was the rightful owner, or the nature and extent of losses inflicted or suffered, these things can be determined by an impartial arbiter.
Natural Rights Derivative from the Above
From these fundamentals is derived the following non-exhaustive list of natural rights:
Everyone is free to:
1. Live peacefully according to his beliefs
2. Express his thoughts and opinions in his own language and manner
3. Travel and reside in any geographic region and freely move in and out of it with his possessions, provided he poses no physical danger to the persons or property of others and abides by any rules that the proprietors, if any, have announced to visitors
4. Enjoy the privacy of his home, business, effects, and communications
5. Create a family and raise his children according to his own insights
6. Assemble with any others and to join or resign from any voluntary association
7. Offer his services to people of his choice
8. Break any employment contract as long as he honors its severance conditions
9. Undertake any economic activity, including the adjudication or enforcement of natural rights, and to keep any rewards earned therefrom
10. Sell, buy, lease, rent, lend, borrow, inherit, retain, or give away property by mutual agreement, and to repossess stolen property
11. Develop his land, waters, or air, and any material in them, and prevent others from spoiling or polluting them
12. Keep and bear arms
13. Defend himself forcibly when his rights are in clear and present danger, subject to his personal liability for his actions
Rights not listed herein shall be upheld only if they are consistent with the principles of natural law listed above. Insults and defamatory acts violate natural rights only if they damage the victim’s property.
Children are immature persons. Brought into the world by the actions of others (their parents), they have a claim on those others to care for them until they become mature persons—that is, when they are sufficiently developed to care for themselves. If the parents neglect or are unable to care for their child, the child or others acting on its behalf may seek a guardian who will assume parental responsibilities.
A child enjoys the same freedom as an adult person except for restrictions imposed by its parents or guardians for its own safety, health, and development, or to control the child’s actions for which they may be liable towards others.
A child becomes an adult when it reaches sufficient maturity. At least until then, its parents or guardians are responsible and liable for its actions towards others. However, contracts concluded between a child and an adult are at the risk of the adult party and not at the risk of the child’s parents or guardians.
Parents or guardians may extend the time of their responsibility and liability for the young adult’s actions. They may do so unconditionally or upon acceptance of a commitment by the young adult to fulfill the conditions they specify. His failure to honor that commitment ends their responsibility and liability. A young adult may release his parents or guardians from their responsibility and liability for his actions by, explicitly or implicitly, indicating his willingness to assume responsibility and liability for his own actions.
Everyone is free to use force to defend his fundamental rights or to remedy their violation, subject to his own liability for excessive force or avoidable property damage. This freedom can be exercised individually or by organizing defensive police forces, including military forces, subject to the limitation just stated, which applies to all uses of force against persons.
Everyone is free to associate with others by entering into a contract to create an association dedicated to the pursuit of mutually agreed goals by mutually agreed means and methods. No such contract is valid, however, that infringes the natural rights of third parties, nor is any part valid that infringes the natural rights of the members by attempting to regulate where regulation is not explicitly called for in the contract.
No person can be considered a member of an association except by his explicit agreement to abide by its rules and regulations. Nor is anyone obliged to contribute labor or other assets to an association unless the contribution is part of the membership agreement.
Whatever the form and style of governance to which members of an association agree, the government of the association has no authority over the persons or property of non-members. Nor has it any authority over the persons or property of its members beyond that ceded to it individually by them in their membership agreement.
Outside the limits of the authority ceded to them by the members of the association, and in all their dealings with non-members, governing officers and personnel have no powers other than those accruing by right to all human beings—nor are they exempt from the obligations that accompany the natural rights of every human being.
Legislated rules that infringe upon the natural, voluntary order of human society are null and void, while those that are compatible with that natural order are binding only on those who knowingly and voluntarily endorse them.