The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1923-11-09

w IlS LESSEE ny tile pdTIieS Oh the
first part, or their predecessors in
terest, by a deed dated September
%, 1928, which provided that when
said land is no longer used for that
purpose, it shall revert to the grant
ors therein, the Lessee agrees,
promptly upon completion of the
schoolhouse to be erected on the
premises hereby leased, to remove
| the schoolhouse and other improve
ments from the land heretofore con-
veyed to it as aforesaid, to surrend-
er said land to the lessons IN neat
and orderly condition and to execute
and deliver to the lessons a. recon
veyance thereof in proper form to
entitle it to record.
This lease is of tie surface only
and the Lessons are hereby exempt
from the operation hereof and re-
serve the right at any time to ex-
| plore for, mine and remove tie iron
ores and other ores and minerals in
or under said premises in the some
manner and to the same extent that
the lessons, or any of them, could
have done if this lease had not been
made; and the Lessee covenants and
| agrees not to make any claim
against the Lessons, or any of them
or any ~son or corporc ton oper-
ating by agreement with CT consent
of the Lessons, or any of them, for
| damages on account of any explor.
ing, mining or other operations OF
| business Upon, under or adjacent to
said premises, whether such damages
shall occur by reason of the subsid-
ence, caving or removal of the sur
face of said premises on from any
other cause or causes.
This lease is revocable at the will
of the Lessons and the Lessons, and
each of them hereby reserve and
shall have the eight at any time
to terminate this lease by giving to
the Lessee nine 90 months notice
ir writing of the intention so to do,
which may be served by delivering
such notice to the Chairman or Clerk
tof the School Board of the Lessee
or by writing the same by regis
tered mail addressed to such Chair
man or Clerk at Ely, Minnesota; and
this lease and all rights and priv
ileges hereby demised shall absolute
ly terminate nine 90 months after
the service of such notice, without
any further act or proceeding, judi
clal or otherwise; provided, that
said notice shall not be given prior
to January l, 1888.
The Lessee covenants and agrees
to pay the Fee Owner Lessons, as
rent for said premises, the sum of
Eighteen Dollars ($18.0O) per year,
payable in advance on the first day
of August in each year during the
continuance of this lease; to pay
promptly and before delinquency all
taxes that may be levied upon said
premises, or upon any improvement
or property at any time placed or
permitted thereon by the Lessee for
the year 1923 and all subsequent
years during the continuance of this
lease, including the year in which
this lease may expire or be termin-
ated, and all special assessments for
sidewalks and other improvements
made during said period, whether
assessed upon the whole of said
premises or only upon the surface
thereof, and to furnish the Lessons
duplicate tax receipts for all such
taxes and assessments when paid !;
and to protect said premises and
keep the title thereto free and
clear from all mechanics, Laborers'
or other liens, clouds or encum-
ORANGES in any way arising from it's
use or occupancy of said premises
or from anything done thereon by
its officers, agents, servants or con-
tractors.
The Lessee shall not use said
premises, or any part thereof, or
permit the same to be used, for any
purpose other than school purposes
and shall improve and maintain said
premises in such manner only as
may be consistent with such pur-
poses and shall improve and main
tain said premises in such mamie
only as may be consistent with such
purposes and with all the other
The Lessee covenants and agrees,
during the continuance of this lease
and at its own cost and expense, to
construct and keep in repair all side
walks and make all other improve
ments that may be required along
or by said premises and to keep
said premises and all improve
ments thereon or appurtenant there
to in good repair and in safe, clean
and respectable condition.
The Lessee covenants and agrees to
indemnify and save the Lessons harm
less from any and every claim, demand
and cause of action made or brought
by reason Of any alleged failure to
repair or any defect or imperfection
in any improvement on or appurten-
ant to said premises or any ap-
paratus or property thereon, or by
reason of any alleged act or omission
of the Lessee, or of any of its offic-
ers, agents, servants or contractors,
in the use of said premises, either
by it or them or by any person or
persons whomsoever. or in doing
anything hereby permitted or re-
CURED to be done, or on account of
any loss of life or health or other
injury or accident, whether avoid
able or not, that may in any way be
due, or be alleged to be due, to the
use or occupancy of said premises
under this lease or to any act or
omission of the Lessee whatsoever:
it being understood that the Lessor
assumes no risk and shall be under
no additional obligation or liability
by reason of having made this lease.
If and whenever, before the ex-
piration of the term above provided,
the Lessee shall cease to use said
premises for the purposes aforesaid,
or shall use or permit the same, or
any part thereof, to be used for any
other purpose, or shall fail to keep
and perform any of the other condi-
tions or agreements herein con-
tanned, then and in every such event
the Lessons, or any of them, may,
at their option, declare this lease
terminated and serve upon the Les
see written notice to that effect,