HomeMy WebLinkAboutResolution - 111060I - Rental Contract - Houston Sweatt - Crops, Section 5 Block A - 11/10/1960Form L-12
AX
RENTAL 'CQ
,ATRACT
THE STAT$,. Off'' TEXAS j
COUNTY OF LUBBOCK I
THIS AGREEMENT entered in to thisa day of�✓yam
lO, between the. City of Lubbock, a municipality o of L bbek County, Teras,
'Here n� called Le eear. and , Houston Sweatt
herein called Lessee;"- WITNESSETEL
FIRST - Upnn the terms and conditions herein contained, Lessor hereby leases
to Lessee for the crop season of the year beginnin
tied ending not Later than Deep er -1t , Q t , the follow g land
and premises, being -- acres.in Lubbock County, Texas
miles from Lubbock, to -wit:
All of Section (5), Block "A", Lubbock County, Texas except that part occupied
by the Railroad and highway right of way, and except approximately 105 acres of
grassland north of existing railroad, and excepting also 156.700 acres out of
the Southwest corner_of Section 59 Block A, Lubbock County, Texas heretofore
described in a conveyance to Willojack Corporation and others by Warranty
Deed dated January 10, 1959 and recorded in Volume 724 page_251_ deed records
Lubbock County, Texas to which reference is made for purposes of further
description.
'SECOND (a) - Lessee covenantsand agrees as a, condition of Wit Eases 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 *eed. and .
grasses and prevent their seeding and spreading with the same precaution that any
prudent farmer would exercise in the. care of hip own field, and takallow no volunteer
cropr gf any kind to mature on said.land.
AGREED TO PLANT (b) Lessee covenants and agrees as a condition of this
lease that noneof the tillable lased will be allowed to.
Acres C�rou lie +scut or be taken out of production without the con -
Cotton sent of Lessor in writing si.gned_)�y its City Manager
Maize at Lubbock, Texas.
Hegar:
Kaffir (e) Lessee agrees that if he, for any season, fails.* to
Sudan plant any crop or crops, in due time and season,
Cane in the' proportion and acreage, herein allotted, or
_ Corn if planted or replanted and thecrop abe destroyed by
,- Whethe elements or otherwise faire to develop a standOa.t. which could be reasonably expected to mature into
Pasture a rofitable crop, such acreage shall revert to Lessor
ii salijii , unless Lessee notify Lessor in writing as
soon as such condition reasonably can be determined,
and obtains the. consent ef Lessor to plaint such acreake
in such crops an may b6 mutually agreed upon, such con-
sent Qf Lessor to be in writing, signed by itis. City Mana-
ger oaf Lubbock, Texas
(d), 1t is. further agreed that as the crops are gathered from any of isald land during
tho term, of this lease, Lessee will :surrender possession of fuch portions thereof, so
that Lessor or any feature tenant may enter upon said land and prepare it for cultivation
for the following yea.ri and tha; no crops which would not ordinarily.he harvested .before
the termination of this, lease st4ll be planted without the consent of the Lessor in writing
signed by the City Manager atI ubbock, Texas, and any crops growing on said premises'
in violation of this provision shall revert to Lessor as its absolute property, togetheit''
with any plowing or work done by Leseek 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 crops 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 leas oto harvest
and conserve Lessor's share of the crops in a farmerlike maiiner; to head, gather
and deliver all#3nature maize, hagari, kaffir and similar grain sorghums,: and corn,
to Lessor in barns oz pens to be provided by Lessor on the premises; all immature
crops of maize, kaffir, hegari, corn, oats, and otherlcropscut 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 trrops 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,ee of all charges, and deliver'p*oper receipts there-
fore in the name of Lessor to Lssor 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 14gent.
FIFTR .- Lessee covenants and agrees as a condition of this leas,
'k oto 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 Iinjury 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 writtenconsent 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 - L:estor 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 imW� ovements it see$'fit, and should Lessee
fail or refuse to properly tend, cultivate and harvest the crops oti 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 fiell s at any time during
the term of this leash ipxcept 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
Liisor or its agent to cancel this lease4iica'to enter said premises and remove all
persons therefrom and lake possession thereof as liquidated damages, and any claim
for damage by virtue of such entry by Lessor is hereby expressly waived by Lessee.
EIGHT - Lessee covenants and agrees ks a condition of thit lease,lo gti peace-
able osse"ssion of said property at the termination of this lease in as
p p p y 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 I -ease, or claim any renewal, extension or conti-
nuance of this lease, unless agreed to in writing and signed by the parties heret6"and
no verbal agreement to abrogate the team s of this cause shall be binding or admissable
in evidence.
NINTH - In case of Male of saidpreziiises 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 thi' 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 withotht 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 pe'fform 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-
velop� and explore.i'ar 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 : Atpplie'e 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 contftbute in any way to the cost of control of insects..
WITNESS our hands as of the date first hereinabove r ten.
LeWee
CITY OF LUBBOCK
B"Y— -- — -lityanager---
L s
Approved by" City Commission
f 19�v
City ecret ry
THE STATE OF TEXAS I
COUNTY OF LUBBOCK �
BEFORE ME, the undersigned t.uthority, a Notar Public in and for Lubbock
County, Texas, on this day personally appeared /"-? &44a
known to me to be the person whose name is subscribed to tfie foregoing instru-
ment and acknowledged to me that he executed the same ag'the act and deed 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 of 4V,
19
(SEAL}`
Notary I Lubbock County, Texas
ST
,l{NG K. MILLER
/-1HE--STATE-OF TEXAS X
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notar Public in and for Lubbock
County, TI xas, ,on this day, personally appeared
known-to me to be the person whose name subscribed to the ftregoing in-
strument and acknowledged to me that 4/he execa#bd.P.W16,"°same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisay of
(SEAL) .
Nota4yu Lubbock County, Texas
ALFRED P. C01joi
,�Q �