such valuation and assessment, they shall then choose an umpire, whose decision shall fix and determine the same, and shall bind all parties; and also, that said party of the second part shall not assign this lease to any person or persons whatever, except it be to some person of substantial and undoubted pecuniary responsibility, such assignee to succeed to and become held and bound by all the covenants hereof, and that in the event of an assignment the same shall not affect in any way the present liability of said party of the second part for and on account of the covenants herein contained; and also, that in case the said improvements shall be destroyed or materially damaged by fire or other casualty, it shall be at the option of said party of the first part to revoke, cancel and annul this lease, unless said party of the second part shall repair or rebuild like good and substantial buildings upon the premises; and also, that upon the determination of this lease the said party of the first part shall pay to said party of the second part the reasonable value of the improvements by him erected in accordance with the terms of this lease, and which shall be then remaining upon said premises, such valuation to be ascertained and determined by arbitration, in the manner hereinbefore provided for the determining the revaluation of the rent of said premises, said arbitration in either case to be at the mutual expense of both parties; and also, that if the said monthly payments of rent or any of them herein provided for should be behind-hand and remain unpaid for the period of fifteen days next after any of the days or times above mentioned for the payment thereof, or if the said party of the second part shall not well and faithfully observe, faithfully perform, and keep all and singular the covenants and agreements in these presents contained on the part and behalf of the party of the second part, to be observed, fulfilled, performed and kept according to the true intent and meaning thereof, then and from thenceforth it shall and may be lawful for said party of the first part to re-enter in and upon the said demised premises, or any part thereof, in the name of the whole, and to have again, repossess, and enjoy the same as in his first and former right and estate, and to expel from thence the said party of the second part, or any person or persons under, by, through, or from him, claiming or holding the same; and also, that the said party of the second part paying the rent as aforesaid, and performing all and singular the covenants and agreements herein contained by him to be paid and performed, shall quietly and peaceably have, use, occupy and enjoy all and singular the premises hereby demised, without any let, suit, hindrance or denial of the said party of the first part, or any other person or persons whatsoever, by, from, or under him lawfully claiming; and also, that at the expiration of said term the covenants herein contained being fully performed, said party of the second part

shall deliver up to said party of the first part the said premises and every part and parcel thereof, and all and singular the tenements, hereditaments and appurtenances without fraud or delay.

In witness whereof, the said parties have hereunto, and to another of like tenor and date, interchangeably set their hands and seals the day and year first above written.

Lease with Covenants.

This indenture, made this first day of June, in the year of our Lord one thousand eight hundred and fifty-nine, between William R. Satterlee, of San Francisco, of the first part, and Charles S. Capp, of the same place, of the second part, witnesseth, that the said party of the first part, in consideration of the rents, covenants and agreements hereinafter reserved and contained, by the said party of the second part, to be paid, kept and performed, has demised and let, and by these presents does demise and let, unto the said party of the second part, all that certain lot, piece or parcel of land [here insert description], to have and to hold, unto the said party of the second part for and during and until the full end and term of five years, commencing on the first day of January, one thousand eight hundred and sixty, and then next ensuing; yielding and paying therefor unto the said party of the first part, or his legal representatives, the yearly rent or sum of three thousand dollars, payable monthly in advance; that is to say, the sum of two hundred and fifty dollars to be paid on the first day of January next, and the like sum of two hundred and fifty dollars on the first day of each and every month thereafter, until the said term shall be fully complete and ended.

And the said party of the second part, in consideration of the premises, and of one dollar to him paid by the said party of the first part, the receipt whereof is hereby acknowledged, hereby covenants, promises and agrees to and with the said party of the first part, his heirs, executors, administrators and assigns, to take the said premises for the term aforesaid, and pay the said rent therefor at the times and in the manner herein before specified for the payment thereof, and at the expiration of the said term to quit, surrender and yield up the said premises to the said party of the first part, or his legal representatives, in as good order and condition as reasonable use and wear thereof will permit (damages by the elements only excepted); and further, that if default be made in the payment of the said rent, or in any of the terms, covenants and conditions herein contained, by the said party of the second part to be kept and performed, then it shall be lawful and competent for the said party of the first part, or his legal representatives, at his or their option, without any legal process or warrant other than is herein contained, to re-enter upon and

524

take possession of the said premises, and the same to have again, repossess and enjoy, as in his first and former estate, but without thereby excluding him or them from the right to recover any other or further damages sustained by reason of such default.

And the said party of the second part further covenants and agrees as aforesaid, that he will not, during his occupancy of the said premises, place therein or thereon any property extra hazardous, so as to endanger the destruction of the said premises or any portion thereof, by fire; that the said party of the first part shall at all times during the said term, have the right to enter into and upon the said premises, for the purpose of examining the condition thereof; and that the said party of the second part shall and will not assign this lease, without the written consent of the said party of the first part, or his legal representatives. In witness whereof, the said parties have hereunto set their hands and seals, the day and year first above written. WM. R. SATTERLEE. [L. 8.] CHAS. S. CAPP.

Sealed and delivered in pres

ence of

JOHN HANNA.

An Agreement for a Lease.

[L. S.]

Memorandum of an agreement entered into this twenty-third day of April, 1859, between Erwin Davis, of the city of San Francisco, and H. P. Coon, of said city, whereby the said Erwin Davis agrees, by indenture to be executed on or before the fifth day of June next, to demise and let to the said H. P. Coon, a certain house and lot in said city known as No. 151 Harrison street, to hold to the said H. P. Coon, his executors, administrators and assigns, from the fifth day of June aforesaid, for and during the term of twelve years, at the yearly rent of twelve hundred dollars, payable monthly one hundred dollars a month, in advance, clear of all taxes and deductions except the groundrent. In which lease there shall be contained covenants on the part of the said H. P. Coon, his executors, administrators and assigns, to pay the rent (except in case the premises are destroyed by fire, the rent is to cease until they are rebuilt by the said Erwin Davis), and to pay all taxes and assessments (except the ground-rent); to repair the premises (except damages by fire); not to carry on any offensive or other business on the premises (except by written permission of said Erwin Davis); to deliver the same up at the end of the term in good repair (except damages by fire, as aforesaid); with all other usual and reasonable covenants, and a proviso for the re-entry of the said Erwin Davis, his heirs and assigns, in case of the non-payment of the rent for the space of three days after either of the said rent-days,

or the non-performance of any of the covenants. And there shall also be contained covenants on the part of the said Erwin Davis, his heirs and assigns, for quiet enjoyment; to renew said lease at the expiration of said term, for a further period of twelve years, on terms to be agreed upon; and that in case of an accidental fire at any time during the term, the said Erwin Davis will forthwith proceed to put the premises in as good repair as before such fire, the rent in the mean time to cease. And the said H. P. Coon hereby agrees to accept such lease on the terms aforesaid. And it is mutually agreed that the cost of this agreement, and of making and recording said lease and a counterpart thereof, shall be borne by the said parties equally. As witness our hands and seals, the day and year first above written. ERWIN DAVIS. [L. 8.] H. P. COON. [L. S.]

Surrender of Lease.

This indenture, made the fifth day of May, A. D. 1860, between Frank Miller, of the city of San Francisco, of first the part, and William Fox and George Penn, late of said city, of the second part. Whereas the said parties of the second part, and one W. Melvin did, by their indenture of lease, dated December 1, 1858, recorded in liber No. 39 of leases, page 23, demise and to farm let unto the said party of the first part the lot therein described as follows [insert description], for the term of ten years from the date of said lease, with the privilege of an additional term of five years upon the conditions in said lease mentioned, and in an agreement dated August 9, A. D. 1859, and recorded in liber No. 20 of leases, page 129, contained and reserved, and with the privilege of purchase of the total at the end of the term; and whereas the interest of said Melvin in and to said lease has been transferred to said parties of the second part,

Now these presents witness, that for and in consideration of the sum of ten dollars to the said party of the first part in hand paid at the sealing and delivery of these presents by the said parties of the second part, and to the intent and purpose that the said term in the said land and premises may be wholly ended and extinguished, and the said privilege of purchase wholly discharged, and the improvements erected on said premises become the absolute property of the said parties of the second part, he, the said party of the first part, hath given, granted, and surrendered, and by these presents doth give, grant, and surrender, unto the said parties of the second part and their heirs, all the said lands and premises in the said indenture of lease contained and demised as aforesaid, and all the buildings and improvements erected thereon, and all the estate, right, title, interest, term and terms of years, privilege of purchase of said lands, property, claim, and demand

whatsoever of him, the said party hereto, of the first part, of, in, to, or out of the name, or any part or parcel thereof, to have and to hold the said lands and premises, buildings, and erections, to the said parties hereto of the second part, their heirs and assigns, and to their own proper use and behoof. And the said party of the first part doth hereby covenant that the same are free and clear of all incumbrances of what kind soever, at any time by him or by his consent or procurement done, committed, or suffered. In witness whereof, the said party of the first part hath hereto set his hand and seal, the day and year first above written. Sealed and delivered in FRANK MILLER. [L. S.]

presence of M. N.

To Wm. Beales :

}

Notice to Quit, by the Landlord.

Take notice, that you are hereby required to quit, and deliver up to me the possession of the premises now held and occupied by you, being the premises known as [or situated] [description], at the expiration of the month [or week, or year, as may be], of your monthly tenancy of said premises, commencing on the fifth day of April, 1859, and ending on the fifth day of May, 1859. This is intended as a month's notice to quit, for the purpose of terminating your tenancy aforesaid. GEORGE JENKINS. April 4th, 1859.

Demand for Possession under 13th Section of Detainer Act. To Peter Hall:

You are hereby notified and required, forthwith to deliver up to me the possession of the premises now occupied by you, under lease from me, situated [here follows description].

May 8th, 1859.

ANDREW WILKINS.

Demand of Possession.

To A. B.:

The sum of one hundred dollars rent of the premises occupied by you, under lease from the undersigned, C. D., and known as the Pioneer Race-Course, due January 1st, 1850, having remained unpaid until this date, you are hereby required to deliver possession to us of the said premises, within three days from this date.

Č. D.