WHEREAS DAGNEY TAGGART ("MEMBER"), desires membership in the community of Atlantis for the purpose of residing and pursuing business or leisure activities there,
NOW THEREFORE MMHC, for consideration set forth below, conveys for a renewable period of [number of years or in perpetuity] to MEMBER, their heirs and assigns, subject to the terms and conditions of this agreement, full membership in the community of Atlantis including equal access with all other members to its common areas and facilities and, in addition, exclusive occupancy of that space known as [a complete property description follows].
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A. To guarantee MEMBER quiet possession of his/her 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 Atlantis's public areas and facilities.
B. To behave toward MEMBER and all persons in Atlantis 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 MEMBER or of anyone else in Atlantis. 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 exercise due diligence in securing the safety of persons and property in Atlantis. To this end MMHC shall, as a minimum:
1. Disseminate information concerning:
a. Health and safety.
b. Insurance.
c. Technology for the abatement of nuisance effects such as noise, smoke, vibration, noxious gases, odors, glare, heat, fire, explosive hazards, traffic, and waste effluent.
d. Means of dispute management.
2. Foster the growth and development of freely competitive judicial, police and militia services in Atlantis consistent with the "Outline of Natural Rights and Obligations" appended to and made a part of this lease and with the procedural rules in Paragraph (IV.I).
3. Reimburse uninsured losses resulting from fire, theft, or bodily injury suffered in Atlantis's public areas, or in the members' private area when said fire, theft or attack originated outside that area and was not caused by negligence of MEMBER or his/her tenants, guests or invitees, provided MEMBER has apprised MMHC beforehand of any unusual amounts of property in his/her possession and has taken reasonable precautions for its safety.
D. To assist the public in making informed land-use decisions by, among other things, collecting and disseminating marketing statistics and related data.
E. To do all of the following things should it decide, in its own interest and that of Atlantis's members in general, to resume possession of all or any portion of the leased site and allocate it to a different category of use:
1. Give MEMBER not less than two years' notice.
2. Grant MEMBER a right of first refusal to undertake the land use envisioned for the site.
3. Offer MEMBER, at the same rent for the balance of the unexpired rental period, alternative space in Atlantis equally well situated and otherwise suited for the purpose for which MEMBER was using the space originally allocated.
4. Reimburse the appraised market value of MEMBER'S fixed improvements on the site, constructed prior to the time of receiving notice, or, at the request of MEMBER, to reproduce the same or comparable improvements on the new site.
5. Assume the full cost of moving MEMBER and his/her personal and business belongings from the old site to the new site or any place of MEMBER'S choosing. If MEMBER chooses a place outside of Atlantis and the cost exceeds that of transportation to MEMBER'S point of origin before coming to Atlantis, MEMBER shall pay the difference.
6. Compensate MEMBER for any business loss due to closure or disruption during the move, except any that might have been caused by carelessness or neglect on the part of MEMBER.
F. To grant no franchises or licenses for doing business in Atlantis.
G. To conduct its business in a manner calculated to maximize its overall capitalized ground-lease revenue in Atlantis.
H. To have at all times sufficient insurance coverage or available reserves to compensate MEMBER for any loss or inconvenience MEMBER might suffer as a result of MMHC violating any of the terms of this agreement.
I. To supply MEMBER with supplies, weapons, militia uniform, and self-defense training to help increase his/her chance of survival if Atlantis is invaded by a hostile force.
III. MEMBER Covenants and Promises to MMHC:
A. To pay to MMHC 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.
B. To behave toward MMHC and all persons in Atlantis in a manner consistent with the "Outline of Natural Rights and Obligations" appended to and made a part of this agreement.
C. To exercise diligence, at home or abroad, not to create a nuisance for or to endanger the health, safety or property of other members of the Atlantis community, including their tenants, guests and invitees.
D. To be adequately insured against any possible liability for loss or injury that he/she or his/her tenants, guests or invitees might cause to others. This shall specifically include but not be limited to losses or injuries resulting from his/her violating any part of this agreement, with particular reference to Paragraph (III.C).
E. To be adequately insured against loss of his/her life, property, or earning capacity due to fire, sickness, accidental injury or acts of God, including natural disasters and the effects of war.
F. To purchase any insurance required by this agreement only from firms carrying the highest certification from a major consumer rating service, and in all such policies to name MMHC as co-insured.
G. To scrupulously avoid using or threatening physical force against any person at any time or place, for any reason, if adequate peaceful means of dealing with the problem can be found.
H. To be responsible at all times for the actions of his/her tenants, guests or invitees as if their actions were his/her own.
IV. MMHC and MEMBER Further Agree:
A. That this leasehold shall be MEMBER'S property to sell, sublet, encumber or otherwise deal with as he/she sees fit, subject only to the terms and conditions of this agreement and to MMHC'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 MMHC with the proposed transfer endorsed thereon. Upon approval, MMHC will issue a new agreement to the transferee. In the event MEMBER rents or sublets any or all of his/her space, his/her agreement(s) with his/her tenant(s) shall not be inconsistent with this agreement.
B. 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 ten-percent reduction to MEMBER as a preferred tenant. Market rental value shall be appraised by three disinterested parties selected as follows:
MMHC and MEMBER each choosing one of three persons named by the other and the third to be selected by those two. MMHC and MEMBER 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. MMHC shall make its leasing records freely available to assist the appraisal process. Should MEMBER fail to select an appraiser within 30 days after MMHC has submitted three names to him/her, then MMHC shall be free to make the choice for him/her. Should either party fail to submit an appraisal, then that of the other will obtain.
C. That if rent payments fall into arrears for ten days, MEMBER shall incur a late penalty of five percent of the balance due, and that after 30 days of arrears MMHC shall be entitled, upon 24 hours written notice, to terminate this lease and resume possession. In such event, MMHC shall return any rental balance prorated to the date of the written notice. Compensation for MEMBER'S fixed improvements shall be established in the manner set out in Paragraph (IV.B), above.
D. 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. MEMBER 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 MEMBER'S responsibility.
b. Upon 30 days written notice following violation or neglect by MMHC of any of the terms of this agreement, including especially any act or threat of violence upon MEMBER, his/her tenants, guests or invitees, by MMHC or any of its appointed agents, or their entry on the premises without MEMBER'S express permission, or the imposition of any tax upon the person or property of MEMBER, his/her tenants, guests or invitees. In the event of such termination, MMHC shall:
1) Return any rents paid ahead by MEMBER, pro-rated to the date of the complaint, and shall compensate MEMBER for the value of his/her site improvements as ascertained in the manner set out in Paragraph (IV.B), above.
2) At its own cost safely transport MEMBER and anyone else residing at the time at MEMBER'S premises, together with their personal belongings, to any place of their choosing. If this cost exceeds that of transportation to MEMBER'S point of origin before coming to Atlantis, MEMBER shall pay the difference.
2. MMHC shall be free to terminate this agreement and resume possession of the leasehold under any of the following circumstances:
a. Upon 24-hours written notice following MEMBER'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 MEMBER'S fixed improvements shall be established in the manner set out in Paragraph (IV.B), above, and shall be paid to MEMBER by MEMBER'S successor, if such there be within a year, and otherwise by MMHC.
b. Upon fulfillment of all the conditions set out in Paragraph (II.E), above, should MMHC decide to allocate the site to a different use.
c. At the end of any negotiated rental 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, the notice shall have no effect.
E. That provisions in this or other leases entered into in Atlantis by MMHC or by MEMBER that do not accord with the "Guidelines for Letting and Subletting" attached hereto and made a part of this lease, or that conflict with any provisions of this lease not specifically exempted by said Guidelines, will be null and void. Further that, except for such provisions as may be deleted or modified in accordance with the Guidelines, every lease, sublease, sub-sublease, etc. in Atlantis will carry every provision of this lease.
F. That disputes with anyone in Atlantis that cannot be resolved informally by the disputing parties, including disputes over the terms of this lease or its performance, shall be settled by a mediator or, failing that, a neutral arbitrator in conformity with the "Outline of Natural Rights and Obligations" appended to and made a part of this agreement and with the procedural rules in Paragraph (IV.I.3) below.
G. That in a dispute between either MMHC or MEMBER with anyone outside of Atlantis that cannot be resolved between the disputing parties, each will agree to an arbitration proceeding in which the disputants will each choose an arbitrator and these two choose a third, or any other system of dispute resolution agreeable to the disputing parties.
Should either MMHC or MEMBER become party to a dispute with a person or firm outside of Atlantis, regardless of the affiliation, the dispute shall be settled by mediation or, failing that, by an arbitration panel of two or more judges, an equal number chosen by each of the disputing parties. Both the law of Atlantis and that of the person or firm in question shall apply. In case of a conflict of laws, a compromise shall be found. Should the judges be unable to agree on a verdict or on co-opting a tie-breaking judge, the judges or one of the parties shall request the the International Center for the Settlement of Investment Disputes to appoint a judge, who will then act as their chairman.
H. That any contract either one might make with persons outside Atlantis shall contain an arbitration clause specifying a mutually agreeable means of dispute management that will be binding on the parties.
I. MMHC and MEMBER do further agree with respect to safety and justice that
1. MEMBER may offer and perform police services for anyone in Atlantis, provided he/she 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 MEMBER, performing such services, shall be liable for his/her actions as if he/she were acting for himself/herself alone.
2. MEMBER may offer and perform defense services to defend the community of Atlantis from hostile invasion, provided he/she has the sanction of an impartial third party prior to or immediately following the event, and then only:
• when to rights of the community have been violated by a hostile invader,
• against the hostile invader who violated them,
• for the sole purpose of remedying such violation,
• with the least violent means available, and
• only until the hostile invader retreats or agrees to comply.
And that MEMBER, performing such services, shall be liable for his/her actions as if he/she were acting for himself/herself alone.
3. MEMBER may offer and perform judicial, mediation and arbitration services for anyone in Atlantis. When acting in the capacity of a judge, he/she 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. MEMBER shall at all such times be responsible for his/her actions as if he/she were acting in his/her private capacity.
4. When acting in such a protective, defensive or judicial capacity, MEMBER shall observe the following procedural rules or protocols. 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 Atlantis shall be free to specify more detailed rights, obligations and procedures, provided they are not inconsistent with those set out in this agreement.
The "Outline of Natural Rights and Obligations" appended at the end of this agreement and the procedural rules listed below shall be capable of amendment at five-year intervals by the unanimous recommendation of MMHC and a panel of five judges who have practiced continuously in Atlantis for more than five years and who have earned the highest certification from a major consumer rating service. The minimum procedural rules required of anyone residing in Atlantis and performing protective or judicial services are 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/she is entitled to
1.1 Agree with the plaintiff on initiating, interrupting, or terminating any litigation before a judge of their choice.
1.2 Refuse to submit to a judge who has denied his/her request for a jury.
1.3 Be informed, in writing and in a language which he understands, of the nature and reason for the charges against him/her.
1.4 Try to refute those charges (pleas of ignorance of the law shall not be accepted).
1.5 Be assisted and represented by counsel of his/her choice and to keep his/her communications with that counsel confidential.
1.6 Resist interrogation, decline to supply evidence against himself/herself or his/her organization, and refuse confession.
1.7 Be given a trial without undue delays, in the location where the violation occurred, and be granted a public session of the court.
1.8 Reject procedural and evidentiary rules that infringe upon his/her presumed innocence.
1.9 Inspect the evidence brought against him and cross-examine his/her accusers and their witnesses.
1.10 Have his/her own witnesses testify under the same conditions as the witnesses against him/her.
1.11 Present his/her defense in writing, elucidate his/her defense orally at his/her trial, and be allowed adequate time for the presentation of his/her defense.
1.12 Receive a transcript of the trial’s proceedings and verdict.
2. Anyone arrested shall be
2.1 Informed immediately of the reason for his/her arrest, his/her right to remain silent, and the possible consequences of making statements, and instructed in writing and in a language that he/she understands of the nature and reason for the charges against him/her.
2.2 Given proper food, clothing, shelter, and accommodation as well as14 immediate access to legal advisors 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/she 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/she will appear at the trial and obey the judgment, and his/her 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/she 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/her verdict by complying voluntarily.
3.4 Avoid any punishment in the form of imprisonment.
3.5 Avoid any corporeal 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/her rights against immediate attack or stop an attack in progress.
6.2 Arrest his/her attacker in the act.
6.3 Seize his/her attacker's assets whenever they risk disappearing before a 15 police or judicial agency can secure them as a bond for his/her liabilities.
6.4 Conserve proof or evidence, provided that a judicial agency certifies, either before or immediately after, 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/her 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/her favor.
7.3 Appeal from a verdict of acquittal that does not state the reasons for the acquittal.
7.4 Appeal 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/she is not able to exercise them himself/herself, or by his/her heirs if he/she 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 IV.B and C (rent terms) and IV.D (termination) to fit the particular circumstances of a sublease, or omitting certain lease provisions inappropriate for subleases, for example II.E (moving a tenant) and II.G (requirement to operate as a business).]
Outline of Natural Rights and Obligations
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 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 only 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 Atlantis, the Midas Mulligan Holding Company has undertaken as follows to identify the principles of natural law, and their derivative rights and obligations, including progeny rights and obligations. Every person, as a prerequisite to entering this community, shall 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 members and visitors shall be the only law in Atlantis. Anyone in Atlantis is free to offer and perform police and judicial services (IV.I.1,2). The procedural rules, or protocols, required of police and judicial workers in defending and enforcing the rights of residents and visitors to Atlantis are listed in Paragraph (IV.I.3) above.
Principles of natural law
Fundamental rights
Everyone is free to:
• form and hold his/her own opinions;
• use his/her body as he/she sees fit;
• have as his/her property anything not belonging to another;
• make and perform agreements with others of his/her choosing; and
• defend these freedoms.
Fundamental obligations
Everyone has a fundamental obligation to honor the rights of others by refraining from:
• claiming or pretending to be or represent another person without his/her explicit or implicit consent,
• using or threatening use of force against peaceful persons, or
• disposing of other people's property without their permission.
Remedies
Anyone who violates someone's natural rights has an obligation to
• cease such violation,
• return any property thereby alienated to their rightful owner, and
• make restitution for losses suffered.
Such a person loses, to the benefit of his victim and to the extent required for remedy, his/her right to dispose of his/her property until payment is made or agreed upon.
Should the rights violator and his/her 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.
Derivative natural rights
From these fundamentals, the following non-exhaustive list of natural rights is derived:
Everyone is free to:
1. Live peacefully according to his/her beliefs.
2. Express his/her thoughts and opinions in his/her own language and manner.
3. Travel and reside in any geographic region and freely move in and out of it with his/her possessions, provided he/she 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/her home, business, effects, and communications.
5. Create a family and raise his/her children according to his/her own insights.
6. Assemble with any others and to join or resign from any voluntary association.
7. Offer his/her services to people of his/her choice.
8. Break any employment contract as long as he/she 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/her land, waters and air, and any material in them, and prevent others from spoiling or polluting them.
12. Keep and bear arms.
13. Defend himself/herself forcibly when his/her rights are in clear and present danger, subject to his/her personal liability for his/her actions.
14. Vote for elected representatives and referenda in a manner that is universal, free, and secret.
Rights not listed herein shall be upheld only if they are consistent with the principles listed above. Insults and defamatory acts violate natural rights only if they damage the victim’s property.
Progeny rights and obligations
Every woman has the absolute right to terminate her pregnancy for any reason or to give birth to a child or children at her own discretion.
Every man has the absolute right to verify or challenge the paternity of a child or children by means of a medical test or procedure.
After one or more children are born, then one of the following actions shall occur:
• both biological parents choose to raise the child or children at their own expense;
• if one of the biological parents chooses to relinquish all future claims to parental rights, then the remaining biological parents may choose to raise the child or children at their own expense;
• if both biological parents choose to relinquish all future parental claims, then the child or children shall be given up for adoption to a qualified adoptive guardian or family;
• if the biological father of the child or children does not come forward or cannot be found after the first three weeks following the birth of the child or children, then it shall be assumed that the biological father has relinquished all future parental rights. The biological mother may then choose to either raise the child or children on her own at her own expense or relinquish all future parental rights and give the child or children up for adoption to a qualified adoptive guardian or family.
If the biological mother dies during childbirth, then she shall designate a guardian to make the decision on who will raise the child or children prior to giving birth.
No qualified person shall be denied the right to adopt a child or children because of race, creed, color, ethnicity, gender, religion, or sexual orientation.
Children
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 are 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/Her failure to honour that commitment ends their responsibility and liability. A young adult may release his/her parents or guardians from their responsibility and liability for his/her actions by, implicitly or explicitly, indicating his/her willingness to assume responsibility and liability for his/her own actions.
Force
Anyone is free to use force to defend his/her fundamental rights or to remedy their violation, subject to his/her 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.
Governance
Anyone 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/her 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 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.
Casting a vote for a specific referendum and/or for a specific elected official shall take place on [day and month] at [address of voting facilities]. A petition of not fewer than [to be determined] members shall be sufficient to place a candidate on the ballot; and each ballot shall contain the alternative "None of the above is acceptable." In the event that "None of the above is acceptable" receives a plurality of votes in any election, the elective office for that term shall remain unfilled and unfunded.
For more information on how to become a member of Restore Reason, click on the following link:
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