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Res 1976-049
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Res 1976-049
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8/23/2008 12:51:46 PM
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8/23/2008 12:51:46 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1976-49
Date
9/13/1976
Volume Book
46
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<br />-3- <br /> <br />VI. Term of the Lease <br /> <br />This lease agreement shall commence on January 1, 1977 and <br />continue until January 1, 1982, a term of five (5) calendar years. <br /> <br />If all parts of this agreement have been met, the Lessee, at <br />his option, may extend this lease for an additional five (5) calendar <br />years to January 1, 1987. Notification to Lessor of Lessee's inten- <br />tion to extend lease must be made in writing ,and received by Lessor <br />by July 1, 1981. <br /> <br />1 <br /> <br />VII. Rent <br /> <br />Applicants for lease may bid a separate price on each of the <br />three (3) tracts listed and described above, with the limitations as <br />to use and care specified above by writing their bid in the spaces <br />below. Applicants must bid a price for each and every tract to be <br />considered. <br /> <br />Annual cash rent bid on Tract A is $ 10 4O.d~ $ ~ per acre. <br />Annual cash rent bid on Tract B is $ ~ 1~/~ $ ID per acre. <br />Annual cash rent bid on Tract C is $ Lfq 1 o.'~ $ fO per acre. <br /> <br />The total sum of $ ~1~o. ,. is due and payable upon the fil)~ day of <br />the year for which the ent is paid. ~ P,O % Orb ~ &wM.j"'5()OllO.vo, <br /> <br />Annual rent on the five (5) year optional extension of this <br />lease will be the annual rent on the first five (5) years adjusted by <br />the percent change in a price index of major commodity prices (hay, <br />milo, cotton, wheat, oats) at the closest market weighted with the <br />total acreage of these crops harvested in Caldwell County in 1980. <br /> <br />1 <br /> <br />VIII. Sub-Lease or Lease Transfer <br /> <br />It is expressly understood and agreed that the Lessee may not <br />sublease any part of the demised property nor may he transfer the <br />lease agreement to another party without the prior consent of Lessor. <br />Consent to such sublease or transfer will be given by Lessor only if <br />the third party agrees, in writing, to accept and abide by all the <br />provisions of this lease. <br /> <br />IX. Default and/or Recapture <br /> <br />It is understood and agreed that the united States Government has <br />certain rights with respect to the property hereby leased, and that <br />it is possible a situation may arise in which, through no fault of <br />either party hereto, it may be necessary that this lease be terminated. <br />In such event, Lessor shall refund to Lessee the pro rata share of any <br />prepaid lease money on the property involved. <br /> <br />I <br /> <br />without regard to any provision of this lease, it is understood <br />that the United States Government has an interest in the property <br />hereby leased, and that a national emergency or some other unforeseen <br />condition may require that the possession of said property be surren- <br />ded to the United States Government or to an agency thereof, prior to <br />the end of the term of this lease. In such termination, Lessor shall <br />reimburse Lessee for any fencing or other improvements placed on the <br />property by Lessee. <br /> <br />This lease and all provisions thereof shall be subject and sub- <br />ordinate to all the terms and conditions of the instruments and doc- <br />uments under which the Lessor acquired said property from the United <br />States of America, and shall be given such effect and construction <br />as will not conflict or be inconsistent with such terms or conditions. <br />
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