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Home My WebLink AboutResolution - 2000-R0237 - Grazing Lease Agreement - Steve Thompson - 07/13/2000Resolution No. 2000-R 0237 July 13, 2000 Item No. 15 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 Grazing Lease Agreement by and between the City of Lubbock and Steve Thompson, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of July , 2000. ,• • ATTEST: Darnell City APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way AgOnt APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney Dh/Ccdocs/Agricultural Lease Agreement June 16, 2000 GRAZING LEASE THE STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution No. 2000—R 0237 July 13, 2000 Item No. 15 THIS AGREEMENT entered into this 15th day of July, 2000, between the CITY OF LUBBOCK, A Home Rule Municipal Corporation in Lubbock County, Texas, herein called LESSOR, and Steve Thompson, herein called LESSEE. I. Upon on the terms and conditions herein contained, LESSOR hereby leases to LESSEE for a term of 5 1/2 months, beginning July 15, 2000 and ending not later than December 31, 2000, following land and premises, to -wit: A portion of the southwest 1/4 of Block D-3, Section 6, Lubbock County, Texas, containing approximately 96 acres. Acreage does not include any of the water reservoir storage. II. LESSEE agrees to pay LESSOR as rent, the cash consideration of Two Hundred Eighty -Eight dollars ($288.00), payment due on July 15, 2000. LESSEE will not use said lands described above for other than pasturing purposes. IV. LESSEES while operating under this Lease shall not cause, permit or allow the raising of hogs on the above described premises nor conduct any type of feed lot operation. V. LESSEE agrees to graze the above described premises in the same manner as the ordinary prudent rancher would exercise in the care of his own pasture land. VI. - LESSEE agrees and covenants to keep all CITY fencing and other improvements, if applicable, in as good condition as they are in at the time of entry, the usual wear and tear and injury or damage by fire not the result of negligence of LESSEE or his agents and the elements or act of God excepted. No alterations in the existing improvements shall be placed on the premises by LESSEE without the written consent of LESSOR it being agreed that any improvements place thereon contrary hereto shall become the property of LESSOR and shall not be removed by LESSEE, in whole or in part. LESSEE shall supply all water and fencing. VII. LESSOR reserves the right to go upon premises at any time and to survey, lay off contour line, build terraces and drill wells, construct and maintain water and other utility lines, and to make any improvements it sees fit. LESSEE shall not sublet said premises, or any part thereof, without the written consent of LESSOR. VIII. LESSEE agrees to give peaceful possession of said property at the termination of this lease in as good a condition as reasonable use and wear will permit, it being the intention of the parties of this lease that the Lease shall expire upon the date above determined, and that LESSEE shall not attempt to hold over under this lease, or claim any renewal, extension or continuance of this lease, unless agreed to in writing and signed by the parties hereto, and no verbal agreement to abrogate the terms of this clause shall be binding or admissible in evidence. IX. LESSEE covenants and agrees that LESSEE will not waste the lands hereby leased by dumping trash, debris, junk or any foreign substance thereon or suffer, permit, allow or cause the same to be done. X. Whenever LESSEE herein covenants, or in any manner promises, agrees or stipulates that LESSEE is to do any act or refrain from doing any act, same shall be construed as a covenant and agreement made by LESSEE as a condition to this lease, and in the event LESSEE fails or refuses to keep and perform any such covenant and agreement of this contract in the time and manner herein stated, LESSOR shall have the right to declare this contract null and void upon 15 days written notice given to LESSEE by LESSOR'S Agent and enter and take possession of said land and premises without being guilty of trespass and without prejudice to any other remedy it may have for the collection of its rents or the enforcement of this contract. The failure of LESSOR to exercise any right herein granted by reason of failure on part of LESSEE to keep or perform any condition, covenant or agreement herein contained shall not be construed as a waiver by LESSOR for any subsequent breach of condition, covenant or agreement to be kept and performed by LESSEE. It is understood that this lease is made subject to all existing easements and all right under mineral Deed and Leases heretofore granted or assigned and recorded in the records of said County and subject to the right of LESSOR to develop and explore for oil and gas and other minerals on said lands, such rights, and the right of ingress and egress over and upon said lands in the exercise of said rights, being therein expressly reserved to LESSOR, its agents, successors and assigns. f! Except as otherwise provided herein, this contract and all rights, claims and demands created thereby or resulting therefrom shall be performed at 1625 13th Street, Lubbock, Texas, 79457. FSM LESSEE is responsible for any and all expenses associated with the Lease operation. XIV. LESSEE agrees to indemnify and hold LESSOR harmless against any and all claims, demands, damages, costs, and expenses, including reasonable attorneys' fees, arising from conduct or management of LESSEE'S business or LESSEE'S use of the property, or any negligent act or omission by LESSEE, or LESSEE'S agents, servants, employees, contractors, guests, or invitee on or about the property. If any action or proceeding is brought against LESSOR arising from any of these circumstances, LESSEE further agrees to defend the action or proceeding with legal counsel acceptable to LESSOR. a J KAY LESSOR shall not be liable, and LESSEE waives all claims, for injury to or death of persons or damage to or loss of property sustained by LESSEE or LESSEE'S invitees or guests resulting from the leased premises or any part of it or any of its equipment or appurtenances being out of repair, or resulting directly or indirectly from any act or neglect of any tenant or occupant of the leased premises or of any other person, or from any other cause whatsoever except the gross negligence of LESSOR. LESSEE shall be responsible for all damages caused by his negligence or by the negligence of his family, invitees or guests. EXECUTED on this 13th day of July , 2000. WINDY • MAYOR APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: 1�7� Steve Thompso Ate&% William de Haas Competition and Contracts Manager/Attorney Dh/ccdocsfBililgnans base contract CITY OF LUBBOCK INTEROFFICE MEMO TO: Larry Hertel, City Engineer FROM: Ed Bucy, Right -of -Way Agent DATE: June 20, 2000 SUBJECT: Agenda Items and Comments for City Council Meeting on July 13, 2000 CITY OF LUBBOCK AGENDA ITEM SUMMARY CONSENT AGENDA ITEM #/SUBJECT # Consider a resolution authorizing the Mayor to execute a 96 -acre livestock grazing lease with Steve Thompson (Airport, Northeast corner of North Guava Avenue and East Stonehill street). BACKGROUND/DISCUSSION: Immediately northeast of the airport is the 160 -acre Water Utilities water reservoir site. The water reservoir itself takes up approximately 60 acres of the property and the remainder of the land is agriculture land that has grown up in grass. This lease with Steve Thompson will allow him to put cattle on this property and graze it. This lease begins on July 15"' and ends on December 3, 2000. He will be charged $3.00 per acre for this lease or $288 for the total 96 -acre tract. He will provide all the necessary fencing and water. This will also keep down what has been a weed problem in the past. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of this grazing lease. 4"e-- /3 Ed Bucy Right -of Way Agent