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Res 1976-049
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Res 1976-049
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Last modified
8/23/2008 12:51:46 PM
Creation date
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 />-4- <br /> <br />,. <br /> <br />1 <br /> <br />In the event either party should violate any term or provision <br />of this lease, the party not in fault shall give the defaulting party <br />notice thereof, and if such default complained of shall, in fact, <br />constitute default hereunder, and unless the same is not corrected <br />within fifteen (15) days after the date of receipt of such written <br />notice, then the party not in default shall have the option to <br />terminate this agreement, and in the event of such termination <br />Lessee shall return the leased premises to Lessor in as good con- <br />dition as at the beginning of this lease, except for ordinary <br />depreciation, and except for any changes brought about by weather <br />condition, harvesting of crops and other conditions beyond Lessee's <br />control. ' In the event Lessor terminates this contract under the <br />provisions of this paragraph, Lessor shall account to Lessee for <br />any agricultural products growing at the time of such termination, <br />less any damages or expenses incurred by Lessor in tending, harves- <br />ting and marketing the same, such accounting to occur at the time <br />any such crops are marketed, and Lessor agrees to ma;rket said crops <br />as promptly as that can be done. <br /> <br />Lessor shall have, and is hereby given and granted, a first and <br />superior lien upon all agricultural crops raised and produced on the <br />premises, owned by Lessee, to secure the payment and performance of <br />all obligations to be paid and/or performed by Lessee hereunder. <br /> <br />It is further understood and agreed that Lessor may with 60 days <br />notice in writing to Lessee terminate this' lease in respect to any <br />part of any Tract to be devoted to higher valued, non-agricultural <br />uses. Upon termination of this lease as to any part of any trac't <br />for any reason (other than default by Lessee), Lessee shall be reim- <br />bursed for that portion of the annual rent paid which corresponds <br />to the percentage of the annual period for which the lease was bO!r- <br />minated multiplied by the product of the number of acres as to which <br />the lease was terminated and the annual per acre cash rent for that <br />tract (as determined by Part VII of this agreement). Lessee shall <br />also be reimbursed for any loss suffered thereby, such as loss of <br />standing crops other than grasses, or loss of fences or other improve- <br />ments, from such a termination of the lease by Lessor. <br /> <br />1 <br /> <br />X. Save and Keep Harmless <br /> <br />Lessee agrees to save and keep harmless the Lessor from any and <br />all claims for damages of any nature whatsoever due to any negli- <br />gence of lessee or his employees in the operation of the leased <br />premises. <br /> <br />XI. Conservation Practices <br /> <br />Lessee agrees to operate all the lands described by this lease <br />agreement in such a manner as to preserve and maintain and improve <br />'the structure and fertility of the soil by using only farming prac- <br />tices recommended by the Soil Conservation Service of the United <br />States Department of Agriculture or some other agency of equal <br />stature. <br /> <br />XII. Other Terms and Conditions <br /> <br />1 <br /> <br />It is understood that once this bid is open, accepted, and <br />signed by Lessor this agreement forms a contract that will bind both <br />parties to all terms and conditions stated therein for the entire <br />duration of this lease agreement. Any modifications of this agree- <br />ment shall be in writing and signed by the parties to this agreement <br />or their legal representatives. <br />
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