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Home My WebLink AboutResolution - 622 - Lease Contract - Annie Lee Cook Trust - 24 Acres Farmland, LIA - 09/25/1980I SMT:bs RESOLUTION #622 - 9/25/80 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Contract with Annie Lee Cook Trust for rental of farmland, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be'a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September ,1980. BfUrMcALISTER, MAYOR ATTEST! - Ex?elyn Gaff ga, "City /Se r ry-Treasurer APPROVED AS TO CONTENT: Marvin W. Coffee, Direct, vof Aviation APPROVED AS TO FORM: fr usan M. Tom, Asst. City Attorney STATE OF TEXAS COUNTY OF LUBBOCK I RESOLUTION #622 - 9/25/80 KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT, entered into at Lubbock, Texas, by and between the City of Lubbock acting by and through the Lubbock International Airport Board, hereinafter called the "CITY" and Annie Lee Cook Trust, P.O. Box 871, Lubbock, Texas, 79408, hereinafter called "LESSEE"; WITNESSETH: WHEREAS, the CITY owns and operates a public airport designated as Lubbock International Airport herein called "AIRPORT" and subject to the provisions of Ordinance No. 5114, has authorized its Director of Aviation and/or Airport Manager to execute this instrument subject to approval of the Airport Board; and, WHEREAS, the LESSEE desires to rent 24 acres of farmland for the following purpose and no other, to -wit: farming, and has requested a license to use said property for such purposes subject to all laws and applicable rules, regulations and ordinances of the City of Lubbock pertaining to the Lubbock International Airport; and WHEREAS, it is agreed that this lease shall be subordinate to the pro- visions of any existing or future agreement between the CITY and the United States relative to the operation and maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expendi- ture of federal funds for the development of the airport; and WHEREAS, all rights, privileges and interests acquired herein by LESSEE, at the option of the CITY, following written notice of thirty (30) days, may be suspended or finally terminated if such suspension or termination is found by the CITY, acting in good faith, to be necessary to secure federal financial aid for the development of the airport, or further development and provision of aeronautical operations thereon; and WHEREAS, the Airport Board has determined that it is in the public interest that the LESSEE should have the privilege of engaging in such activities at the airport; NOW THEREFORE, in consideration of the premises, the covenants and agree- ments herein contained and other valuable consideration the Airport Board authorizes the LESSEE to exercise the "rights, powers and privileges hereinafter set forth and does hereby lease to the LESSEE the premises hereinafter described and being: 24 acres of Tract F, part of Section 43, Block A (See Exhibit "A" attached). The term of this lease shall be for 9 months, beginning April 1, 1980 and ending December 31, 1980; provided, however, that Lessee shall have the right to complete the harvesting of any crops remaining in the field at the expira- tion of this term. The consideration for the foregoing, payable to the City of Lubbock at Lubbock, Texas, shall be: 24 acres at $1.25 per acre cash rent a month for a total of $270.00 for nine months. This license is granted subject to the following provisions and conditions: 1. That the license hereingranted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Lubbock International Airport. 2. The LESSEE shall not make, permit, or suffer any additions, improve- ments or alterations to the property which constitute any major structural change or changes without prior written consent of the Director of Aviation. Any such additions, improvements or alterations made with the consent of the Director of Aviation shall be solely at the expense of the LESSEE and unless such consent provides specifically that title to the addition or improvement so made shall vest in the LESSEE, title thereto shall at all times remain in the CITY and such additions or improvements shall be subject to all terms and conditions of this instrument. The LESSEE agrees to hold the CITY harmless from mechanic's or materialman's liens arising from any additions, improve- ments or alterations effected by the LESSEE. 3. LESSEE agrees to indemnify, defend and forever save the Airport Board and CITY, their authorized agents, representatives, and employees, harmless from and against any and all penalties, liability, annoyances, or loss re- sulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the LESSEE, his agents, servants, guests, employees, or business visitors under this agreement. 4. That on or before the date of expiration of this license or its relinquishment of this license, the LESSEE shall as required by the CITY, vacate said premises, remove all property of the LESSEE and restore the land, improvements, facilities and equipment included herein to as good condition on such date of expiration or relinquishment as when received, ordinary wear and tear excepted. If however, this license is revoked the LESSEE shall vacate the premises, remove said property and restore the land, improvements, facili- ties and equipment included herein as aforesaid within such times as the CITY may reasonably designate. In either event, if the LESSEE shall fail or neglect to remove said property and so restore the land, improvements, facilities and equipment included herein, then at the option of the CITY said property shall either become the property of the CITY without compensation therefore or the CITY may cause the property to be removed, the land, improvements, facili- ties and equipment included herein to be so restored at the expense of the LESSEE and no claim for damages against the CITY or its officers, agents or employees shall be created or made on account of such removal and restoration. 5. The LESSEE warrants that it has not employed any person employed by the CITY to solicit or secure this license upon any agreement for a commission, percentage, brokerage, or contingent fee. 6. The LESSEE, its agents and employees will not discriminate against any person or class of persons by reason of race, color, creed, sex or national origin in providing any services or in the use of any of its facilities pro- vided for the public. The LESSEE.further agrees to comply with such enforce- ment procedures as the United States might demand that the CITY take in order to comply with Sponsor's Assurances. LESSEE agrees to not discriminate against any employee or applicant for employment, because of race, creed, color, sex or national origin. LESSEE agrees to take affirmative action to insure that applicants are employed, and that employees are tested during employment without regard to their race, sex, creed, color, or national origin. Such action shall include, but not be limited to employment, upgrading, demotion, or transfer, recruitment, layoff, rates of pay or other forms of compensation or selection for training, including apprenticeship. to LESSEE agrees to conduct its activities in accordance with the require- ments of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be subjected to discrimination, including discrimination in employment. 7. Except with prior written consent of the CITY the LESSEE shall not sublet any part of the premises or assign the license or any of its rights, hereunder. EXECUTED IN TRIPLICATE this 25thdayof September , 19 80. ATTE5Ts----_ CITY OF LU K: JJJ BY. E elyn Gaffga,=City te r ry- 1 McAlister, Mayor Treasurer APPROVED ,AS TO CONTENT: LESSEE: ANNIE LEE COOK TRUST BY : AA:C..,� Marvin W. Coffee, Dir or of Trustee Aviation APPROVED AS TO FORM: BY: Trustee Susan M. Tom, Asst. City Attorney y CD i F ' 1 ' 1 NE CORNER SEC.2• OLK D-3 560 / -_ .._ —4 L i0. ap i Woo so i N 1 i 1 i 1300 I 'RACT S• 1 l300 A .. � Ir A ...r; s-- ^� m dp - 13iA 16024 'Dj 26.775A ' 11 75*0 IN2G 460 i ?Cb f j ^ 1960, • 320`_ 1 .�t I RAC• 4 . .,. 40 A • N 1 SLC !�— 70 P_LAINVIEr1 ---- __ -