HomeMy WebLinkAboutResolution - 111060J - Rental Contract - F.W. Austin - Farm Land, Section 41 Block A - 11/10/1960Form L-12
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RENTAL C,QNTRCT
THE STAT; O3 TEXAS j
COUNTY OF LUBBOCK
TMS AGREEMENT entered in to this � day of���--
9
between the. City of Lubbock, a municipality o u S9 k ounty, exas�,
14re 'called Lessor, and �: Fe Iro Austin
herein called Less ec;-WITNESSETH:
FIRST - Upan the terms and conditions herein contained,. Lessor hereby leases
W Lessee for the crop season of the year beginning., jAnugiry 1. 1961
aimd ending not later than December 31 1 61 , the followNg land _
and premises, being 'acrea. in Lubbock ournty,, Texas
mile frown Lubbock, to -wit:
Off the East side of Section 419 Block A, lying East of -the turnrow along
s contour line -and being the same land farmed by Lessee during the year 1959.
ISECO14D ta) - Lessee covenants arA agrees as a. condition of tla it fease to prepare�w
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 kelp down all noxious weed, and
grasses and prevent their seeding and spreading with the same precaution that any
prudent farmer would exercise in the cars of hits own field, and to ,a.11ow no volunteer
crop,Vf any,kind to mature on said land..
AGREED TO PJANT (b) Lessee cave:nints and agrees as a condition of thus_
lease that none of the tillable land will be allowed to
Acres Crlie out or be taken out of production without the con*
Cotton sent of Le ss s or in writing zig>z d., by its' City Manage r
Maize at Lubbock, Texas.
Hegari
Kaffir (c) Lessee agrees that if he, for any reason, faila"to
Suun plaflt eny crop or crops, in due time and xeasigns' '
Cane in the' proportion and acreage: herein allotted, or
Corm if planted or replanted and the 'cropobe destroyed by
Whe the elements or otherwise fails to develop a stand
Oat w1Ach could be reasonably :expected to mature into
Pasture _ arofitable crop, such acreage shall re'veart �o Lessor
i_WA lajiteif., unless Lessee notify Lo sissmer in witting as
soon as such condition reasonably can bq dsterminedi,
and obtains the consent of Lessor to plant such acreage
in such crops a4 may has Mutually agreed upon, such don -
sent of Lessor U be in writing, signed by iia City Mana-
ger of Lubbock, Texas
(d It is: fa icer agreed that as the crops are gathered from smy of said ,land during
'tho tprmr of this' lease, Lessee will ourreendesr possession of fuch porti�aa thereof, so
tinat Lessor or any future tenant may enter upon said land and prepare it fo* cultivation
for the following year; and tha; no crops which would not ordinarily.be harvested before
the termination of this lease stubbock,
11 be planted without the consent of the Lesin writ ag.
signed icy' the City A/Iasunager at Texas, and any crops growing. ori said premiss
in violation of this grovie'ion shall revert to Lessor as its absolute property, tegeti aj,"°
with any plowing or work done by Leassek 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 cottonseed raised on said premises sand one-
third of all grain crops, such crops "shall �e delivered to 'Lessor In Lubbock or at
the nearest shipping point at the request o the City Manager, free of all charges as
herein provided.
'FOURTH Lessee covenants 'and agrees as a condition of this leasito harvest
and conserve J. essor's share of the crops in a farmerlike manner; to head, gather
and deliver allftnature maize,. hagari, kaftir and similar graiii 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 other' crops cut and bound but not
to be threshed, to be stacked in 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
m
deliver sae to elevator or store -house designated by Lessor in the nearest town or
shipping point on the railroad,f ee of all charges, and deliver'p#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 Lessor or its -Agent.
FIFT8 ,- Lessee covenants and agrees as a condition of this leaA 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 I 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 Lesser, 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.
SIXTIL- Iesdor 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 improvements it seen fit, and should Lessee
fail or refirse to properly tend, cultivate and harvest the crops olti 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 Prie.nner that may to it seem right and proper.
SEVENTH - I essee shall not have the privilege of pasturing or selling the stalk
or stubble. field tar pasturage and shall not pasture any of the fielts at any time during
the term of this leash bxcept 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 leaseAria"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.
EIGHT - Lessee covenants and agrees Vis4a condition of thit lease,io ger peace-
able possession of said property at the termination of this lease in as good c9ndition
as reasonable use and wear will permit, it being the absolute intention of this 1+_ -ase
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 coati -
nuance of this lease, unless agreed to in writing and signed by the parties lieviW,, "and
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 preniises 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 di%interested 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 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 ie 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 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 withoht 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-
veloo and explore for oil and gas and other mineralson 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 applies 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 appr.oved.by the
City Commission of the City of Lubbock.
FIFTEENTH - Lessor is not to cont:eibute in any way to the cost of control of insects.
,WITNESS our hands as of the date first hereinabove written.
Lessee
CITY OF LUBBOCK
Cify Mi;We r
Lesso
Approved by City Commission
19 4�;�
t -City becretaxy
THE STATE OF TEXAS I
COUNTY OF LUBBOCK X
BEFORE ME, the undersigned authority, a Notary Publici and for Lubbock
County, Texas, on this day personally appeared ,
known to me to be the person whose name .is subscribed to the foregoing instru-
ment and acknowledged to me that he executed the same adithe 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'de" '� ,
19—
(SEAL)
otary -P�E. Lubbock County, Texas
STERLING K. MILLER
THE STATE OF TEXAS 1
COUNTY OF LUBBOCK j
BEFORE ME, the undersigned authority, a Notary Public in. -and for Lubbock
County, Texas, on this day_ personally appearedJ7 G(j.
known to me to be the person whose name subscribed to the foregoing in-
strument and acknowledged to me.that he exectited.,' same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
19 4 �. I
Votary P kc 11
Lubbock County; Texas
STERLING K. MILLER