[HM89ABS], Agreement, Ogden Iron Co, New Jersey and Pennsylvania Concentrating Works, October 16th, 1889

Item

Abstract

The Ogden Iron Co grants the New Jersey and Pennsylvania Concentrating Works the right to access some tracts of land in Sparta Township, Sussex County, New Jersey. These tracts include the "Sharp Mine Lot," one conveyed to Ogden Iron Co by Joseph G. Fell and wife. The Concentrating Works are allowed to explore the land for iron ore, to mine and dig for the ore, for a period of 25 years. The Ogden Co excepts a piece of land called "the Pardee Shoot or Vein" from the agreement, as well as any buildings or other infrastructure that exists on the surface of the land. The Ogden Co reserves the right to sink shafts and do whatever it has to do to reach the Pardee Shoot, to take absolute precedence over anything the Concentrating Works may be doing. The PA Concentrating Works is not to let surface water to run into any mines. With these exceptions, the contract reads,the Concentrating Works are permitted to build any structures or roads necessary to their task. Yet further conditions continue. The Concentrating Works are permitted to carry away ore that is ground to such a fineness that it can pass through a screen with one-tenth square inch mesh, the remaining ore to be left to the Ogden Company. In exchange, the Concentrating Works is to pay a royalty of twenty cents per ton of ore, to be paid four times annually. Furthermore, after a year has passed, the Concentrating Works is to pay the Ogden Co five hundred dollars quarterly rent, whether or not their royalties on iron ore mined has reached this value or not. If not, the Concentrating Works are to receive a credit for excess of payment. At all the Concentrating Works operations are to remain open to inspection by the Ogden Co. The structures that the Concentrating Works build on the Ogden Co's land are to serve as security for royalties due, and thus they are not to be removed until moneys due have been fully paid. The Concentrating Works is to mine in a responsible fashion, leaving pillars of ore and timbering to assure the stability and safety of the mines in the future, and the Ogden Co has the right to inspect these structures whenever desired. If the two parties have a disagreement, then three arbiters are to be chosen: first, the two different parties are to each chose an arbiter, who together will select a third. The decision of a majority of two out of the three arbiters is to be conclusive. The Concentrating Works is not to transfer their contract or underlet their operations on Ogden Co land without the express written consent of the Ogden Co, and even in such cases the Concentrating Works are to remain liable for all rents and breaches of covenant under the lease. If the Concentrating Works defaults on its payment of dues for thirty days after written notice, or shall breach the contract in any way, the Ogden Co has the option of terminating the Concentrating Works' rights under the twenty year contract, yet continuing to hold them liable for all dues accrued. Likewise, the Concentrating Works can terminate the contract by giving the Ogden Co three months notice, though they would remain liable for any accrued dues or breach of contract. Finally, the Concentrating Works are allowed to use waste rock deposited on the surface, paying a royalty of ten cents per ton.

Date

1889-10-16

Decade

1880-1889

Type

Identifier

HM89ABS

Folder Set

HM89

Title

[HM89ABS], Agreement, Ogden Iron Co, New Jersey and Pennsylvania Concentrating Works, October 16th, 1889

Microfilm ID

144:320

Publisher

Thomas A. Edison Papers, School of Arts and Sciences, Rutgers University