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HomeMy WebLinkAboutResolution - 111060G - Rental Contract - Houston Sweatt - NE Corner Of Survey 41 - 11/10/1960RENTAL CQjjTRACNT .: THE STATE Or TEXAS COUNTY OF LUBBOCK F/oor)m� L-IZ T S AGREEMENT entered in to this '� day of 19 &e2 , between the City of Lubbock, a municipality of Lubbock County, Texas, herein called Lessor, and',_ 4 uston Sweatt herein called Lessee,- WITNESSETH: FIRST - Upnn the terms and conditions herein contained, Lessor hereby leases to Lessee for the crop season of the year beginning- January la 1961 aiid ending not later than Decemb,r .31, 1961 , the followiixg land and premises, beings acres in Lubbock County, Texas miles from Lubbock, to -wit: Bein§ the North j of a part of Survey 41, Block A. described as follows: Beginning at Northeast corner of Survey 41; THENCE South to North line of railroad; THENCE Southwest along railroad 3522 feet to fence running North between two pastures; THENCE North along said fence 1350 feet to corner; THENCE East 297 feet to turnrow; THENCE North 858 feet to turn in turnrow; THENCE West 400 feet, with turnrow to edge of field of wheat; THENCE Northerly along East line of wheat field to road; THENCE ABOUT 2700 feet to beginning, EXCEPTING 80 acres off East side now rented to F. W. Austin. SECOND (a) - Lessee covenants and agrees as a condition of this lease to prepare, plant and cultivate all tillable land in the crops and in the proportions set out herein in a farmerlike manner in due time and season: to keep down all npxious weed and grasses and prevent their seeding and spreading with the same precaution that any prudent farmer would exercise in the care of hire own fle"1d, and to4"allow no volunteer crop:,of any kind to mature on said .lana.. AGREED TO PLANT (b) Lessee covenants and agrees as a condition of this lease that noreof the tillable land will be allowed to Acres Crop lie out or be taken out of production without the con - Cotton sent of Lessor in writing signed by its City Manager Maize at Lubbock, Texas. Hegari Kaffir (c) Lessee agrees that if he, for any treason, fails to Sudan plafit any crop or crops, in due time and season, Cane in the proportion and acreageT herein allotted, or Corn if planted or replanted and the cropebe destroyed by Whe�i the elements or otherwise fails to develop a stand Oatd' which could be reasonably expected to mature . into Pasture a rofitable crop, such acreage shall revert to Lessor a i> ill , `' unie ss Lessee notify Lessor in writing as soon as such condition reasonably can be determined and obtains the consent of Lessor to plant such acreage in such crops as may be mutually agreed upon, such con- sent of Lessor to be in writing. signed by its City Mana- ger of Lubbock, Texas (d) It is further agreed that as the crops are gathered from any of said land during the term of this lease, Lessee will surrender possession of such portions thereof, so that Lessor or any fixture tenant may enter upon said land and prepare it for cultivation for the following year; and tha; no crops which would not ordinarily be harvested before the termination of this lease shall be planted without the consent of the Lessor in writing signed by the City Manager at ubbock, Texas, and any crops growing on said premises in violation of this provision shall revert to Lessor as its absolute property, together` with any plowing or work done by Lessei without the written consent of Lessor as above provided. l THIRD - Lessee covenants and agrees as a condition of this lease to pay Lessor as rent one-fourth of all the cotton and cotton seed raised on said premises and one- third of all grain crops, such crop¢ shall be delivered to Lessor In Lubbock or at the nearest shipping point at the request of the City Manager, free of all charges as herein provided FOURTH - Lessee covenants and agrees as:a condition of this leaseto harvest and conserve Lessor's share of the crops in a farmerlike manner; to head, gather and deliver all,mature maize, hagari, kaffir and similar grain sorghums, and corn, to Lessor in barns or pens to be provided by Lessor on the premises; all immature crops of maize, kaffir, hegari, corn, oats, and othericrops cut and bound but not to be threshed, to be stacked in a farmerlike manner on the premises unless Lessor agrees to take delivery of all or part of such bundled crops in shocks in the field; to harvest wheat and other small grain crops, bear all expenses. incident thereto and deliver same to elevator or store -house designated by Lessor.in the nearest town or shipping point on -the railroad, fee of all charges, and deliver'pi'oper receipts there- fore in the name of Lessor to L ssor or its agent; to gather and haul:all cotton to the gin at the expense of Lessee and cause same to be ginned, the expense of ginning the rent cotton to be paid by Lessor; to apply the rent seed to cost of ginning the rent cotton and account for any surplus to lessor; to take proper storage receipts in the name of Lessor covering all rent cotton and cottonseed and deliver such receipts promptly to Les'sor or its agent. FIFTH Lessee covenants and agrees as a condition of this leask to keep all fences, windmills, buildings and other improvements in as good condition as they are in at the time of entry, the usual wear and tear and injury or damage by fire not the result of the negligence of Lessee or his agents and the elementV or act of God excepted. And if the buildings be destroyed or so damaged that they cannot be repaired except by substantially rebuilding them Lessor shall be under no obligation to rebuild or repair said buildings. No alterations in the buildings or improvements shall be made and no substantial improvements shall be placed on the premises by Lessee without the written consent of Lessor, it being agreed that any improvements placed thereon contrary hereto shall become the property of Lessor and shall not be removed -by Lessee, in whole or in part. SIXTH - Lessor. reserves the right to go upon said premises at any time and to sur- vey, lay off contour line, build terraces and drill wells, construct and maintain water and other utility lines, and.to make any improvements it sees fit, and should Lessee fail or refuse to properly tend, cultivate and harvest the crops oih said land, Lessor .shall have -the right to enter upon said land and hire sufficient labor for that purpose, the cost of which shall be repaid to Lessor out of the portion of the crops belonging to Lessee. Lessee shall not sublet said premises, or any part thereof, without the written consent of Lessor, and should Lessee abandon said premises, or sell or attempt to sell any part of the crops before they are matured or harvested, all of his interest in all said crop's shall be immediately forfeited to Lessor, and Lessor shall have the right to enter upon and take possession of said premises and handle same in any manner that may to it seem right and proper. .SEVENTH -Lessee shall not have the privilege of pasturing or selling the stalk or stubble field for pasturage and shall not pasture any of the fields at any time during the term of this leas'C oxcept with the written consent of Lessor, and in the event that the stock are found grazing in the fields in violation. thereof, it shall be lawful for Lessor or its agent to cancel this lease *snd to enter said premises and remove all persons therefrom and take possession thereof as liquidated damages, and any claim for damage by virtue of such entry by Lessor is hereby expressly waived by Lessee. EIGHTH - Lessee covenants and agrees s a condition of this lease,to g�a►kpeace- able_posse'ssion__of "said property at the termination of this lease in as good condition as reasonable use and wear will"permit, it being the absolute intention of this base that the same shall expire upon the date above determined, and that Lessee shall not attempt to hold over under his I -ease, or claim any renewal, extension or Conti- nuance of this lease, unless agreed to in writing and signed by the parties hereYband no verbal agreement to abrogate the term s of this cause shall be binding or admissable in evidence. NINTH - In case of sale of said premises during.the occupancy of Lessee hereunder, and purchaser desires possession, Lessee agrees to surrender the same at once upon receipt by him of the actual present value of the growing crops, and the refund of the prorate part of the cash -payment for grass land, if any, according to the calendar year that has passed, the value to be determined by three disinterested parties, one to be selected by Lessor, one by Lessee ands the two to choose a third, and their decision as to value shall be binding. TENTH - If the land covered by this c %.tract be occupied by any one other than Lessee at the time he is entitled hereunder to enter, and said occupant refus4A to deliver possession, then Lessor 'will use diligence to obtain possession as soon as same can be done, `but if Lessor be delayed or defeated in gaining possession, Lessor shall notbe liable to Lessee for any damages occasioned by such delay or failure to gain possession. ELEVENTH- Whenever Lessee herein covenants, or in any manner promises, agrees, or stipulates that Lessee is to do any act or refrainfrom doing any act, same shall be construed as a covenant and agreement made by Lessee as a condition to this lease, and in the event Lessee fails or refuses to keep and perform any such 1covenant and agreement of this contract in the time and manner herein stated, Lessor shall have the right to declare this contract null and void upon 15 days written notice given to Lessee by Lessor's. City Manager and enter and take possession of said land and pre- mises without being -guilty of trespass and without prejudice to any other remedy it may have for the collection of its rents or the enforcement of this contract. The failure of Lessor to exercise any right herein granted by reason of failure on part of Lessee to keep or perform any condition, covenant or agreement herein contained shall not be construed as a waiver by Lessor for any subsequent breach of condition covenant or agreement to be--k-ept and performed by Lessee'. T-WELFTH - It is understood that this lease is made subject to all existing ease- ments and all rights under mineral Deeds and Leases heretofore granted or assigned and recorded in the records_ of said County and subject to the right of LESSOR to de- veloand explore.fbr oil and gas and other minerals on said lands, such rights, and the right of ingress and egress over and upon said lands in the exercise of said rights, being therein expressly reserved to LESSOR, its agents, successors and assigns. THIRTEENTH - It is understood that this leas applie's only to land in cultivation and does not apply to land in grass and subject to grazing. All such grass land will be leased as such by .separate contract. FOURTEENTH - Except as otherwise provided herein, this contract and all rights, claims and demands created thereby or resulting therefrom shall be performed at the City Hall in Lubbock, Texas. This contract shall not be binding until approved by the City Commission of the City of Lubbock. FIFTEENTH - Lessor is not to contribute in any way to the cost of control of insects. WITNESS our hands as of the date first hereinabove w itten — --L see ----�— CITY OF LUBBOCK City Mlinager, Le sor Approved by City Commission W -V 19 THE STATE OF TEXAS X COUNTY OF LUBBOCK Y BEFORE ME, the undersigned authority, a Not ary Public. in and for Lubbock .County, Texas, on this day personally appeared known to me to be the person whose name .i s subscribed to We foregoing instru- ment and acknowledged to me that he executed the same agithe act and dead of the CITY OF LUBBOCK and as CITY MANAGER,, for the purposes and considera- tion therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND .SEAL OF OFFICE this_day ofA§ , c -0. 001, (SEAL) �.���t.----------- Notary Pub c, Lubbock County, Texas STIERLING K. MILLER THE STATE OF TEXAS. COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a NotaryyPr-uubblip in an or Lubbock County, Texas, on this day, personally appea;ed l,C/�S7ilw 1--* //_ I known to me to be the person whose name IS subscribed to the foregoing in- • strument and acknowledged to me.that z ---he executed,!fft* same for the purposes _. and consideration therein expressed. GIVE UNJiER MY HAND AND SEAL OF OFFICE t ' s day of 9- Notary Pu c, Lubbock Texas �► E�. COUCH