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HomeMy WebLinkAboutPole Yard Lease 12.27.1960e `2M-11-0 Form 782 AGRICULTURAL LEASE IN CONSIDERATION of permission given us, the undersigned Licensee and his wife, byMISSOURI-KANSAS-TEXAS RAILhe ROAD COMPANY- to cultivate a part of its right-of-way M_ ��aaT�Ir."wl jee 1 a!d;,,a paraal .. 2 as rawi tad Dae bar .2 as it al»V attaeh*d a aids a raK free- State, on_..A" a *tm1!-$gbivision, for a period of one year from the Z3A day of_ D98*Ah*! 19f&_ we do hereby agree to pay the said- Railroad Company the sum of_F a &Dollars upon the execution hereof, and to occupy said premises upon the following conditions, viz. That we are to be regarded only as Licensees; that we will allow no weeds or crops of a combustible nature to grow or accumulate upon said right-of-way; that we will not graze the same; that we will plant no corn or other high-growing crops on the premises; that we will not construct or maintain, or permit the construction or maintenance of any structure of any kind, whether of a permanent or temporary character on the premises; that we will do nothing to obstruct the ditches or waterways on the right-of-way, or the flow of water therein, or to impair the roadbed or track of said Railroad; that we will make no openings in the fence on either side of said Railroad for entering the premises, except where permitted in writing to do so by the Superintendent in charge, and that we will provide gates where needed and keep all gates adjoining said premises in good repair and closed at all times, except when actually used by us, members of our family, or our ten- ants or employes, in going upon or leaving said premises; that we will keep said tracks free and clear at all times of all obstructions and impediments to the passage of, and without any notice of warning whatever by engine whistle, engine' bell, or otherwise, to anyone of the approach or passage of any and all trains, engines, cars, hand cars, velocipedes, motor cars, or cars of any kind whatever on and over said tracks; that we will not permit any Johnson grass or Russian thistle to mature or to go to seed upon said right-of-way, that the Railroad Company may at any tune take possession of and use any part of said premises as may be necessary in the maintenance or repair of said track and the operation of said railroad without compensating us for injuries to or destruction of crops and that we will' and do hereby assume all risk to crops of anv kind whatsoever growing on said right-of-way, resulting from the operation, repair or maintenance of said Railroad or caused by fire, no matter how set out, whether by the negligence of the Railroad Company, its agents, servants, or em- ployees, or otherwise, and from and against all liability therefore the said Railroad Company is hereby forever released and discharged; and further, that we will' protect, indemnify and save harmless the said Railroad Company from and against liability upon any and all claims, demands and causes of action for injuries to or death to either of us or other persons, or animals, or damage to or destruction of property upon said premises in connection with the cultivation thereof, or upon the track or roadbed adjacent thereto, whether such injuries result from the negligence of the Railroad Company, its agents or employees, or otherwise. We further agree that ,during the term of this Pease we will ship our freight, both inbound and outbound, by railroad exclusively, whenever the point to or from which shipments are made may be reached by railroad, and will route said shipments over Licensor's railroad and connecting lines selected by Licensor, whenever the points to or from which said shipments are to be made may be reached thereby, and the rates via such railroad routes shall not be greater than the rates via other railroad routes between the same points. It is understood and agreed that a failure on our part to comply with any of the foregoing conditions shall work a for- feiture of this license, and in the event of any such failure, the same shall thereupon terminate without notice or demand from the Railroad Company, and upon such termination, the possession of said premises will be peaceably restored to the Railroad Company by us. In consideration that Railroad Company will at the expiration of the period named in the foregoing contract of license, continue the same in force and effect from year to year, subject to all' terms and conditions thereof, and subject to the right of the Railroad Company to at any time cancel, the same upon giving us 4 +r' days' notice in writing of Its de- sire and intention so to do, we promise and agree to pay to the Railroad Company annually in advance the sum of #lftaal4* go/1M4,,_Dollars ($_4§sem-- ) This license is not assignable without consent f the Railroad Co any. WITNESS our hands this the___,_2 day WITNES ' (Signed in duplicate) —6jTT_1W_03Q l ,14,_ P. O. Address (Route or Street Number) �. Town State MISSOURI- SAS 'XAS RAI O PANY By Mr, ..... _ le e ' ent & Gen. Manager' 4 I 'r H .2 .a ���nf're � Strelf r o u �l re W.