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premises, erections and appurtenances to be appraised as hereinafter provided, payable in each year after the first day of March, A. D., 1860, in four equal installments on the first days of September, November, January and March. And in case of failure on the part of said party of the second part to pay the said rents at the times above specified, the same being duly demanded at the principal office of said company in the city of Syracuse, there and in that case these presents shall cease and determine at the election of the said party of the first part, his representatives or assigns, and the said party of the first part, bis representatives and assigns, may in such case re-enter upon the said premises and appurtenances and be fully repossessed of the same, it being, however, understood that such right of forfeiture and re-entry cannot be exercised until the expiration of ten days after demand made as aforesaid.
For the purpose of determining the value upon which the rents aforesaid are to be ascertained and paid, it is mutually understood and agreed that, between the date of this instrument and the fifteenth day of April next, the aforesaid premises, erections and appartenances, may and shall be valued and appraised by eleven impartial appraisers appointed or to be appointed by the Board of Trustees of the said party of the second part, which appraisal shall be in writing, signed by at least eight of the said appraisers, and the amount thereof shall be noted by the President or Secretary of the şaid party of the second part, at the foot of these presents, or sball be indorsed thereon, and the said appraisal shall be final and conclusive. And in case of a vacancy occurring in the number of appraisers first appointed, or of the absence or inability to serve of any one or more of them, the said Board of Trustees may fill such vacancy or appoint others to serve for the time being.
And the said party of the second part hereby covenants and agrees to, and with the said party of the first part, his representatives and assigns, (but entering into no other covenant) that the said party of the second part will, during the period of this lease or grant, or until its termination sooner by forfeiture as above provided, pay all ordinary, city, town, county, school and highway taxes, and will at all times make reasonable and proper repairs for the purpose of protecting the said premises from dilapidation and waste by the ele. ments, or other causes, and, at the expiration of the period aforesaid,
or earlier termination of the estate hereby granted, will restore the said premises, erections, and appurtenances in as good repair as the same are when these presents are delivered, excepting only accidental losses by the elements, other than fire.
And the said party of the first part, for himself, bis representatives and assigns, hereby covenant with the said party of the second part, its successors and assigns, that at all times during the period of this grant, or until the termination thereof by forfeiture, the said party of the second part, its successors or assigns, shall, on condition of paying the rents as aforesaid, peaceably and quietly have, possess and enjoy the aforesaid premises and erections, and that said party of the first part will, during the said period, warrant and defend the said party of the second part against every person lawfully claiming or to claim the said premises or erections or any part thereof.
It is further mutually understood and agreed that a forfeiture of this lease for non-payment of the rents reserved thereon shall not be deemed to annul any claim to such rent accruing during the year preceding such forfeiture, and that all the net earnings of the said party of the second part for any one season of salt manufacture are hereby pledged to the payment of the rents accruing upon this and all other leases of solar or fine salt works during the same year; it being, however, further understood that the said party of the second part enters into no other or different covenant or agreement respecting such rents.
It is further mutually understood and agreed that on the termination of the estate hereby granted, whether by lapse of time or for feiture, the salt on hand and being upon the said premises shall be deemed to belong to the said party of the second part, and that the said party of the second part may, at all reasonable times thereafter, enter upon said premises for the purpose of packing and removing such salt and marketing the same.
In witness whereof, the said party of the first part has hereunto set his hand and seal; and the said party of the second part has executed these presents by the signature of its president and its corporate seal, the day and year first above written.
L. POWER, [L. S.] In presence of W. WINTON.
GEO. F. COMSTOCK, Pres't. [L. S.)
ONONDAGA COUNTY, ss : On this 7th day of April, A. D. 1860, before me personally came Wm. Winton, subscribing witness to the foregoing instrument, to me known, who, 'being by me duly sworn, did depose and say that he resided in the city of Syracuse, in said county; that he knew Lawrence Power, the individual described in and who executed the said instrument; that he was present and saw the said Lawrence Power sign, seal and deliver the same as and for his act and deed, and that he acknowledged the execution thereof, and that be, the said Wm. Winton, thereupon became the snb. scribing witness thereto.
HARLOW DEWOLF, Commissioner of Deeds, Syracuse.
(Copy) (Indorsed :) Lease No. 36. Lawrence Power to the Salt Company of Onondaga, block No. 36, lot 123, Syracuse. Valuation, $4,515.42 ; increased Aug. 1, 1863, $700. J. P. HASKIN, Secy. Onondaga Co. Clerk's Office, ss : Recorded in Book B of Leased Salt Lots, page 18, Aug.7, 1862.
E. S. PAYNE, Clerk.
BLANK LEASE OF A SALT LOT. This Indenture, made the
in the year A. D. 18 , between the people of the State of New York, by Superintendent of the Onondaga Salt Springs, of the first part, and
of the of of the second part, witnesseth, that the said people for and in consideration of the covenants hereinafter mentioned to be performed by the parties of the second part, have granted, bargained and leased, and by these presents do grant, bargain and lease unto the said part
of the second part heirs, executors, administrators and assigns, all that certain lot of land, being part of the Salt Springs Reservation in the county of Onondaga, and known and distinguished as Fine Sall Lot number according to a survey and map made by B. F. Green, in the year 1858, filed in the office of the said Superintendent, and in the office of the Clerk of said county, bounded and described as follows, viz. : To have and to hold the said lot with the appurtenances unto the of the second part,
beirs, executors, administra. tors and assigns, from the date hereof, to the twentieth day of June, [Con. No. 159.]
1889. And the said part of the second part, covenant with the said people, that will conform in every respect to the provisions of any and all the acts of the Legislature now in force in relation to the Salt Springs and the manufacture of salt in the county of Onondaga, or any laws which may be hereafter enacted thereto, and to the rules and regulations, not inconsistent with law, which may be established from time to time by the Superintendent of the Salt Springs, during the continuance of this lease, and that the said part
of the second part will also pay all taxes, charges or assessments which may be imposed on said lot during the said term: Provided always, and these presents are upon the express condition, that if any of the above covenants on the part of the part of the second part shall not be kept and performed as herein agreed, but shall be broken, that it shall be lawful for the said people, by their Superintendent of the Salt Springs, and by any and every agent thereto lawfully empowered, to re-enter upon the said demised premises, and the same to re-possess and enjoy in the same manner as if this lease had not been made.
In witness whereof, the said Superintendent for and on behalf of the said people hath hereunto set his hand and seal as such Superintendent, as aforesaid, and the said
ha also hereunto hand and seal the day and year above written. Sealed and delivered
in presence of
On the in the year One Thousand Eight Hundred and the subscriber, personally appeared and to me known to be the same persons described in and who executed the above instrument, and severally acknowledged that they executed the same.