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HomeMy WebLinkAboutResolution - 111060K - Rental Contract - Culver Austin - Section 41, Block A - 11/10/1960Form L-12 I I aced h RENTAL CQNTRACT THE STATTt Off' TEXAS j COUNTY OF LUBBOCK I THIS AGREEMENT entered in to this p day of 191, between the. City of Lubbock, a municipality of Lubbock County, Texas, herein called Lessor, and=::.flilver Austin 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` JanuarX 1, 1961 aiid ending not later than December 310 1961 , the following land and premises, being_ acres in Lubbock Gounty, Texas miles from Lubbock, to -wit: Off west part of Section 419 Block A: BEGINNING at N.W. Corner of Section 419 THENCE South of its SW corner THENCE East 533 feet to RR THENCE NE along RR 1719 feet to fence between two pastures; THENCE North 1350 feet to Corner of said pastures; THENCE East 297 -feet; THENCE Algng turnrow North 858 feet and .West 400 f6et to East line of wheat field; THENCE Northerly 2400 feet along wheat field to road; THENCE West about 2580 feet to beginning, EXCEPTING the 4 acre school tract in SW corner of said Section 41. SECOND (a) - Lessee covenants and agrees as a condition of than 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 noxious weed. and grasses and prevent their seeding and spreading with the same precaution that any prudent farmer would exercise in the case of his own fteid, and to�allow no volunteer crop:'of any kind .to mature on said land. AGREED TO PLANT (b) Acres Crop Cotton Maize Hegari Kaffir Sudan Cane Corn Whe Oat Pasture Lessee covenants and agrees as a condition of this lease that none of the tillable land will be allowed to Ji lie out or be taken out of production without the con- sent of Lessor in writing signed 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 season,' in the proportion and acreage herein allotted, or if planted or replanted and the cropebe destroyed by the elements or otherwise fairs to develop a stand which could be reasonably expected to mature into a rofitable crop, such acreage shall revert to Lessor aluaa ,'.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 sof Lessor to be in writing signed by its, City Mana- ger of Lubbock, Texas ,..(d).., It_i.s.furt.her_ agreed. -that as -the crops are gathered from any of said laird during_ the term,: of this lease, Lessee will surrender possession of such portions thereof, so that Lessor or any future 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 Lubbock, 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 Lenses without the written consent of Lessor as above provided. r 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. lease"to 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 othericropscut 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 strops 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, f ee of all charges, and deliver `pi oper receipts there- fore here-fore in the name of Lessor to Lessor 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 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 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 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 impyovements it sees fit, and should Lessee fail or refuse to properly tend, cultivate and harvest the crops ob 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 least 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.4:nd 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 is a condition of thiis .lease 10 -gtw peace able possession of said property at the termination of this lease in as good co dition 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 here tb" and no verbal agreement to abrogate the texma of this cause shall be binding or admissable in evidence. NINTH - In case of sale of saidpremises 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 chooge 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 refuse's 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 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 withotit 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. 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 r?ecorded in the records. of said County and subject to the right of LESSOR to de- veloP� and exploreforoil 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:pplie`e only to land in cultivation and does not apply to land in grass and subject to grazing. All such grata 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. ,r WITNESS our hands as of the date first hereinabove written. / Lessee CITY OF_.LUBBOCK, B.y:_ C� Manage r ------' essor Approved by City Commission 19 e, i 5;c City Secretar 3 Ok THE STATE OF TEXAS I COUNTY OF LUBBOCK Z BEFORE ME, the undersigned authority, a Nota y Public in and for Lubbock County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to t1fe foregoing instru- ment and acknowledged to me that he executed the same asLfhe 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 S_& of 1.9 (SEAL)'--------- Notary Pub Lubbock County, Texas STERLING K. MILLER THE STATE OF TEXAS X COUNTY OF LUBBOCK 1 BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day, personally appeared 4Z"- , known: to me to be the person whose name .4�1 subscribed to the foregoing in- strument and acknowledged to me that he execs#ed.`'sa.me for the purposes and consideration therein expressed. GIVEN } UNDER MY HAND AND SEAL OF OFFICE this , _�'- _i��day of� 19 , .(SEAL) NotaryP lic, Lubbock Count , Texas Y, STERLING K. MILLER