This Agreement, made the 20th day of August, in the year of our Lord one thousand nine hundred and four, by and between S. J. Wise, of the City and County of San Francisco, State of California, party of the first part, and D. C. Vancliff, of the County of Santa Barbara, State aforesaid, party of the second part, Witnesseth: That the said party of the first part, for and in consideration of the covenants and agreements hereinafter mentioned, and contained, on the part of the said party of the second part, his executors, administrators and assigns, to be kept and performed, does by these presents, demise and farm-let unto the said party of the second part, his executors, administrators and assigns, and said party of the second part does hire and take from said party of the first part, all that certain lot, piece or parcel of land situate, lying and being in the County of Santa Barbara, State of California, bounded and described as follows, to-wit:
Containing about two hundred (200) acres, to farm on shares from the date hereof, until the crops that are on said lands in the year 1906 are harvested, but not later than November 1, 1906, upon the terms, covenants and conditions hereinafter mentioned.
In Consideration Whereof, The said party of the second part hereby covenants and agrees to and with said party of the first part, that he will occupy, till, and in all respects cultivate the said premises, and the whole thereof, during the time aforesaid, in due season, and in a good and husbandlike manner, and according to the usual course of husbandry; that he will not commit, or suffer any waste or damage upon said premises, or any part thereof; that he will at his own cost and expense, keep the fences and buildings on the said premises in good repair, reasonable wear thereof and damage by the elements excepted; that he will find and furnish all seed necessary to be sown on said premises, and will do or cause to be done all necessary work and labor in and about the cultivation of the said premises, and in harvesting, threshing, sacking and taking proper care of all crops raised thereon, as soon as ripe; that he will immediately, after each harvesting or threshing, as the case may be, deliver to the said party of the first part, in a warehouse at Orcutt, California, an equal one-half of all crops or other products of the said premises, the same to be securely and properly baled or sacked in new, standard sized sacks of the first quality; and further agrees that if the grain grown on the said premises be cut with a "harvester," he will immediately gather the bags of grain as harvested, and pile them in piles of not less than one hundred each.
It is agreed that the system of summer-fallowing shall be observed in the farming of said lands, and that twenty acres thereof shall be summer-fallowed by said party of the second part in each year during the term of this lease, or any renewal or continuation thereof.
The said party of the first part reserves the right to sell the whole or any part of said premises, at any time; but, in case the purchaser shall not take the same subject to this lease, the said lease (as to the lands so sold) shall forthwith terminate; whereupon the said party of the second part at the option of lessor shall be permitted to harvest and remove the crop then growing, or shall be entitled to fair compensation from said party of the first part for all labor employed and expense incurred in preparing for another crop, the land so sold. Said party of the second part shall also be entitled to fair compensation for 'any summer-fallowing he may do and leave upon said lands, whether at the expiration of the expressed term of this lease or upon any sooner determination thereof. The compensation, or any thereof, in this clause referred to, is to be such as shall be agreed upon by the said parties, or in case they do not agree, is to be such as shall be fixed by three arbitrators - one to be chosen by each of the parties hereto, and the third by the two arbitrators so first chosen.
And it is Further Mutually Agreed, between the parties hereto, that in case the party of the second part shall fail to harvest the crops or other products that may grow on the above described lands, as soon as ripe, the said party of the first part may enter upon said premises, without notice to the said party of the second part, and take possession of all crops or other products that may be thereon, and harvest the same at the expense and cost of the party of the second part, and may sell by public or private sale, and with or without notice or previous demand of payment, so much of the share thereof belonging to said party of the second part as shall appear to be necessary therefor, and apply the proceeds of sale in payment and reimbursement of all costs and expenses incurred in such harvesting, and in providing sacks and sacking, baling, hauling, and storing the said crops or other products, or any part thereoi.
And it is Further Agreed, that said party of the first part shall, at all times, be the absolute owner as of original right of the proportion of said crops and other products which he shall be entitled to receive and retain under this agreement, and the remainder shall belong to and be the property of the party of the second part.
The party of the first part may, at any time, at his option, after said harvesting and threshing, enter upon the said premises, and, without process of law, select and remove the proportion of crops and other products to which he is so entitled under this agreement.
Said party of the second part agrees that he will not feed stock from the growing crop on the said lands; and also agrees that none of the said lands shall be volunteered without the written consent of the party of the first part; and in case volunteer be allowed, said party of the first part shall receive, have and own one-half of said crop, properly sacked, or baled, as the case may be, and delivered as aforesaid; and also agrees that no dry plowing shall be done without the written consent of the party of the first part.
It is agreed that no hay shall be cut upon said premises (except around the margin of the crop, where necessary to avoid waste in harvesting,) without the written consent of the said party of the first part; and that of all hay which shall be cut upon said premises, the party of the first part shall own and receive the one-half part baled and delivered by said party of the second part as aforesaid.
It is Further Understood and Agreed between the said parties, that the party of the first part reserves the privilege to give right of way through the aforesaid lands, or any of them, for railroads, ditches, etc., at any time during the term of this lease.
It is Also Agreed that if said party of the second part shall fail or neglect to fulfill or perform any of the covenants or agreements herein contained, or shall violate any thereof, it shall be lawful for the said party of the first part to re-enter the said premises and remove all persons therefrom, and forthwith terminate this lease.
And Also that in case any suit or action be commenced by said party of the first part for recovery of possession of said premises or any part thereof, or for the enforcement or protection of his rights to his proportion of the said crops or other products, or any part thereof, or on account of the non-fulfillment of the conditions or agreements or any of them contained in this lease, the party of the first part shall be entitled, if he recover judgment, to have included therein and to recover the sum of $100.00 for attorney's fees, together with all costs of such suit or action.
It is Further Agreed, that the party of the first part shall have and own all stubble on the aforesaid lands, and have the right to take possession thereof as soon as the crop is harvested.
The party of the second part shall make a reasonable effort to exterm inate the squirrels on the above described lands, during the existence of this agreement, at his own expense.
This contract shall not be assignable or transferable, in whole or in part, without the written consent of the said party of the first part.
Said party of the second part agrees that, at the expiration of said term, he will surrender and yield up peaceable possession of said premises to said party of the first part.
In Witness Whereof, the said parties have hereunto set their hands and .eals the day and year first above written.
S. J. Wise. (Seal)
D. C. Vancliff, (Seal)
Signed, sealed and delivered in the presence of:
Milton Young, Witness.
L. A. Daniels, Witness.