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HomeMy WebLinkAboutResolution - 111060H - Rental Contract - B.W. Lawson - Crops, Section 12 Block A - 11/10/1960( Form /L�-12 RENTAL. CqNTRACT THE STATS OJ' TEXAS i COUNTY OF LUBBOCK j THIS AGREEMENT entered in to this Zc9 day of , 19�, between the City of Lubbock, a municipality ofLubbockock County, Texas, herein called Lessor, an,.B. No Lawson 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, aiLd ending not later than p_gcember 31, 1961, the follow g land and premises, beings acres in Lubbock County, Texas miles from Lubbock, to -wit: BEGINNING at a point which is 1667 feet South of and 3027.7 feet West of the Northeast corner of Section 12, Block A, Lubbock County, Texass 'THENCE South 1401.4 feet; THENCE West 100.01 feet; THENCE. -South 648.62 feet; THENCE West 90.8 feet; THENCE South 600.0 feet; THENCE Wbat'2050.0 feet; THENCE North 1150.0 feet; THENCE North 570 19t 15" East 1115.86 feet; THENCE North 1100.0'feet;`THENCE East 130000 feet to the point of beginning, the above described tract containing 111.8 Acres more or less. ,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 his own fleid, and to�a.11ow no volunteer cropr-gf any kind to mature on said land. Y AGREED TO PLANT Acres Crop Cotton Maize Hegari Kaffir Sudan Cane _ Corn W he Oat Pasture (b) Lessee covenants and agrees as a condition of this lease that none of the tillable land will be allowed to lie out or be taken out of production without the con- sent of Lessor in writing signpd..by its City Manager at Lubbock, 'Texas.. (c) Lessee agrees that if he, for any reason., fails. to plafit any crop or crops, in due time and seasgn, in the proportion and acreage herein allotted, or if planted or replanted and the croprbe destroyed by the elements or otherwise fails to develop a stand which could be reasonably expected to mature into arofitable crop, such acreage shall revert to Lessor kNRalkitilf. unless 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 ejxrrender .possegai-on_of ,fuch portions thereof. so that Lessor or any future tenant may enter upon said land and prepare it fork cultivation for the following year; and tha; no crops which would not ordinarily be harvested before the termination of this lease shx1l be planted without the consent of the Lessor in writing signed by the City Manager at Uubbock, Texas, and any crops growing.on said premise,' in violation of this provision shall revert to Lessor as its absolute property, together_` with any plowing or work done by Lessee without the written consent of Lessor as above provided. 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¢ $ba.11 tae 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 leasr'to harvest and conserve j�essor's share of the crops in a farmerlike mainer; to head, gather' and deliver all mature maize, hagari, kaffir and similar graifl sorghums,' and corn, to Lessor in barns of pens to be provided by Lessor on the premises; all immature crops of maize, kaffir, hegari, corn, oats, and other1cropscut 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 props 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 proper 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 Lessor or its agent. FIFTH Lessee covenants and agrees as a condition of this lea'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 element's 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 andto sur- vey, lay off contour line, build terraces and drill wells, construct and maintain water and other utility lines, and -to make any impyovements it sees fit, and should Lessee fail or refuse to properly tend, cultivate and harvest the crops db 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 crops 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 ieaA except with the written consent of Lessor, and in the event that the stock are found grazing in the fields in violationthereof, it shall be lawful for Le.•ssor or its agent to cancel this lease mi'ha 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. i EIGHTh - Lessee covenants and agrees +is a condition of thii lease;fio gxv peace- able possession of said property at -the termilation.of_this lease in as good condition as reasonable use and wear will permit, it being the absolute intention of this lease that the same shall expire upon the date above determined, and that Lessee shall not attempt to hold over under his lease, or claim any renewal, extension or conti- nuance of this lease, unless agreed to in writing and signed by the parties heritb and no verbal agreement to abrogate the teen a of this cause shall be binding or admissable in evidence. NINTH - In case of pale of.saidp remises 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 and the two to choose a third, and their decision as to value shall be binding. TENTH - If the land covered by this c4tract be occupied by any one other than Lessee at the time he is entitled hereunder to enter, and said occupant refuses 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 not be 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 covenant and agreement of this contract in the time and manner herein stated, Lessor shall have .the right to declare thie 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 withotLt 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 ---kept and performed by Lessee. TWELFTH - 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- velol� and explore br 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 leask gpplie`s only to land in, cultivation and does not apply to land in grass and subject to grazing. All such grace 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 he binding until appr.oved,by the City Commission of the City of Lubbock. FIFTEENTH - Lessor is not to contrtbute in any way to the cost of control of insects. .WITNESS our hands as of the date first hereinabove written. e see — CITY OF LUBBOCK By:-_ T tyeager Lessor Approved by City Commission V. /P O 19 _CVy Secretary THE STATE OF TEXAS Y COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public 3.4 and for Lubbock .County, Texas, on this day personally appeared known to me to be the person whose name is sub c ibed tote foregoing instru- ment and acknowledged to me that he executed the same adjthe act and de'`ad 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 ISEAL OF OFFICE this - day of Agee �_, 19 �� _ _ (SEA -Li-- - --- Mot; y— ic, ubbock County, Texas - STERLING K. MILLER THE; STATE -OF TEXAS j COUNTY -OF LUBBOCK Y BEFORE ME, the undersigned authority, a NotarNr Public n and for Lubbock County, Texas, on this day, personally appeared known :tome to be the person whose name z� subscribed to the regoing in- strument and acknowledged to me that -- he exe diced YM.- wa.me for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /--R' day of , 19 l O (SEAL)---,�----------- otary ublic, Lubbock County, Texas STERLI :G K. MILLER f q (� lJ i 1 v CITY OF LUBBOCK i FARM LEASES 1. Houston Sweatt- Approximately 454 acres of Section 41, Blk. A and Section 5, Blk. A, Northeast of Lubbock. 2. F. W. Austin - Approximately 80 acres off east side of Section 41, Blk. A Northeast of Lubbock. 3. F. W. Austin - Approximately 100 acres of South protion of Section 41, Blk. A, Northeast of Lubbock. 4. Culver Austin - Approximately 240 acres of West protion of Section 41, Blk. A, Northeast of Lubbock. 5. B. W. Lawson - Approximately 111 acres of Southwest protion of Section 12, Blk. A, near North College Avenue. 6. Raymond Hefner - 105 acres North of Railroad in Section 5, BIk. A, Northeast of Lubbock. V