HomeMy WebLinkAboutResolution - 2018-R0103 - Farm Lease Randy Lewis - 03/22/2018Resolution No. 2018-RO103
Item No. 6.3
March 22, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, a Farm Lease Agreement by and between the City of
Lubbock and Randy Lewis, and related documents. Said Lease 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 on March 22, 2018
�v
DANIEL M. POPE, NfAYOR
ATTEST:
Reb cca Garza, City Sec to
APPROVED AS TO CONTENT:
L. Wood Franklin, P.E., Director of Public Works
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
RyAjoko,,��AA stant City Attorney
RESTarm Lease Agrmt-Randy Lewis
3.16.18
CONTRACT #k13984
Resolution No. 2018-RO103
FARM LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
This Farm Lease Agreement ("Lease") is entered into this 22nd day of March
2018, by and between the CITY OF LUBBOCK, a Home Rule Municipal Corporation, in
Lubbock County, Texas, hereinafter called "Lessor", and RANDY LEWIS, hereinafter called
"Lessee."
1. Term/Property. The term of this Lease shall commence on the date of execution
hereof, and Lease shall expire on December 31, 2020, unless terminated earlier as provided in
this Lease. The following lands and premises located in Garza County, Texas are made subject
to this Lease:
Approximately 4.82 acre tract out of Section 1259, J.H. Gibson Survey, Garza County
School Land, Garza County, Texas, and more specifically described in Exhibit "A"
attached hereto.
2. Rent. Consideration for this Lease shall be the Lessee's obligation to farm and
cultivate the property described above and the benefit to the City of Lessee's activities on the
property as set forth herein.
3. Covenants by Lessee. Lessee agrees and covenants as follows:
(a) To prepare, plant, and cultivate all tillable land in a farmer -like manner in due
time and season; to keep down all noxious weeds and grasses and prevent
their seeding and spreading with the same precaution that any prudent farmer
would exercise in the care of his own field.
(b) As the crops are gathered from any of the Leased land during the term of this
Lease, Lessee will surrender possession of such portions thereof, so that
Lessor or any future tenant may enter upon the land and prepare it for
cultivation for the following year.
(c) No crops which would not ordinarily be harvested before the termination of
this Lease shall be planted without the consent of the Lessor in writing signed
by the City Manager of Lubbock, Texas, or her designee, and any crops
growing on said property in violation of this provision shall revert to Lessor as
its property, together with any plowing or other work done by Lessee without
the written consent of Lessor.
(d) Lessee agrees and covenants to keep all fences, windmills, buildings, wells,
and other improvements if applicable in as good condition as they were at the
time he received possession of the property, usual wear and tear, injury or
damage by fire not the result of the negligence of Lessee or his agents, and
acts of God excepted. If the buildings, as applicable, are destroyed or so
damaged that they cannot be repaired except by substantially rebuilding them,
Lessee shall be under no obligation to rebuild or repair the buildings. No
alterations in buildings or improvements if applicable shall be made without
the written consent of Lessor, it being agreed that any improvements placed
upon the property shall become the property of the Lessor and shall not be
removed by Lessee.
(e) At the end of the Lease term, or as otherwise provided herein, Lessee agrees
to give peaceable possession of the Leased premises to Lessor.
(f) It is agreed and understood that should Lessor enter upon said premises and
make any improvements, the Lessee shall be entitled to such reasonable
amount of compensation for damages suffered directly by him that resulted
from such action by the Lessor.
(g) Lessee will not allow the dumping of trash, debris, junk, oil, gas, chemicals or
any foreign substance on the property.
(h) Lessee shall comply with all federal, state and local laws and regulations,
including but not limited to, all Texas Commission on Environmental Quality
(TCEQ) regulations concerning irrigation, fertilizer and chemical use.
4. Covenants by Lessor and Lessee. Lessor and Lessee agree and covenant as
follows:
(a) In case of sale of said premises during the occupancy of Lessee hereunder and
if the purchaser desires possession, or in the event Lessor requires possession
or use of the premises for any purpose, Lessee agrees to surrender the same at
once. In such a case, payment for crop damages shall be made to Lessee by
Lessor after the crop harvest, for the crop acreage damaged or rendered
unusable. Crop damages will be determined on a pro-rata basis by the Lessor,
based on the amount of crops harvested on the undamaged balance of the tract
and the average price per pound, or bushel, as the case may be, received by
Lessee from a bona fide purchaser, no later than December 31 of the year the
damage is incurred or the portion of land rendered unusable, for such balance
of the crops harvested.
(b) If the land covered by the contract be occupied by anyone other than Lessee at
the time that he is taking possession, and the occupant refuses to deliver
possession, then Lessor will use diligence to obtain possession as soon as it
can be done, but if Lessor is delayed or defeated in gaining possession, Lessor
shall not be liable to Lessee for any damages occasioned by Lessor's delay or
failure to gain possession.
2
(c) This Lease is made subject to all existing easements and all rights under
mineral deeds and Leases heretofore granted or assigned and recorded in the
records of Lubbock County and subject to the right of Lessor to develop and
explore for oil, gas or other minerals on said Land.
(d) At any time after thirty (30) days written notice to Lessee, Lessor may enter
upon the property, or any part thereof and may repossess the same and expel
the said Lessee, and those claiming under him and remove his effects, without
being taken or deemed guilty of any manner of trespass; provided that Lessee
shall be entitled to a reasonable amount of compensation of expenses incurred
by him for the production of crops prior to the date of delivery of said written
notice by Lessor.
5. Default. In the event Lessee or Lessee's agents violate any covenant in this
Lease or any applicable federal, state, or local laws; or if Lessee abandons the property, in the
sole determination of Lessor, then Lessor's representative may give Lessee a written notice of
default; Lessee shall then be entitled to twenty (20) days in which to cure the default. In the
event Lessee fails to cure the default then Lessor shall have the option to immediately terminate
this Lease and Lessee shall have no further right to the property, or proceeds or crops therefrom.
In the event Lessor shall waive any default in any covenant contained in this Lease, such waiver
shall not be deemed to be a waiver of any other default.
6. Termination. Lessor may terminate this Lease, for any reason or convenience,
upon thirty (30) days written notice to Lessee. In the event this Lease is so terminated, Lessor
may enter upon the property, or any part thereof and may repossess the same and expel the said
Lessee, and those claiming under him and remove his effects, without being taken or deemed
guilty of any manner of trespass; provided that Lessee shall be entitled to a reasonable amount of
compensation of expenses incurred by him for the production of crops prior to the date of
delivery of said written notice by Lessor.
7. Notice of Pending Construction/Termination. If the need arises for the Lessor
to use the Leased land for construction of a pump station or any other public purpose, Lessor
shall give the Lessee written notice to vacate the Leased land and Lessee shall have nine (9)
months to cease its operations and leave the Leased land. In such a case, Lessor shall not be
liable to Lessee for any crop damage.
8. No Arbitration Clause. The City reserves the right to exercise any right or
remedy available to it by law, contract, equity, or otherwise, including without limitation, the
right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City
shall not be subject to any arbitration process prior to exercising its unrestricted right to seek
juridical remedy. The remedies set forth herein are cumulative and not exclusive, and may be
exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
3
9. Notice. All notices to be given under this agreement shall be given by certified
mail or registered mail, addressed to the proper party, at the following addresses:
LESSOR:
LESSEE:
City of Lubbock
Randy Lewis
Attn: Property Manager
295 FM 211
P.O. Box 2000
Post, Texas 79356
Lubbock, Texas 79457
10. Time of the Essence. The parties hereto agree that TIME IS OF THE ESSENCE
with respect to the performance of all terms, conditions, obligations, and covenants of this Lease
agreement.
11. Insurance. Farm/Ranch Owners' Liability Insurance. Lessee shall have
Farm/Ranch Owners' Liability Insurance with limits of $500,000 combined single limit in the
aggregate and per occurrence. The Lessor shall be named as an additional insured in such
policy.
12. Lessee Warranties. Lessee warrants that it is in compliance and will remain in
compliance with the following State law during the term of the Lease:
(a) The Lessee warrants that it complies with Chapter 2270, Subtitle F, Title 10 of
the Texas Government Code by verifying that:
1. The Lessee does not boycott Israel; and
2. The Lessee will not boycott Israel during the term of the Lease.
(b) Texas Senate Bill 252 prohibits the Lessor from entering into a contract with a
Lessee that is identified by The Comptroller as a company known to have
contracts with or provide supplies or service with Iran, Sudan or a foreign
terrorist organization.
LESSEE:
By:
Randy Le is
295 FM 211
Post, Texas 79356
LESSOR:
By: 1,f �
DANIEL M. POPE, MAYOR
ATTEST:
Re ecca Garza, City Sec t
El
OVED AS TO
W
P.E., NreCfor of Public
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
RyA ooke, Assistant City Attorney
Cash Farm Lease Agrmt-Randy Lewis
2.21.18
PLAT OF SURVEY
ON
A 4.82 ACRE TRACT AND 4.02 ACRE TRACT
OUT OF SECTION 1259, J.H. GIBSON SURVEY AND
GARZA COUNTY, TEXAS
ESUT. P.0.8.--,
Fr,lm T�tS PT Tr,E Q
R, w C-:R SEC 1259
eRS N 88' 01.44 ' w I \C�1
4 : & N 1r 58.46., E
'C00 5151' I HE , 9'
P.0.8. I ;
o 550 0'
FROM THIS PT THE
N W COR SEC 1254 S 88.OT44" E
BRS N 88'Cra4" w
40 C' & N 1. 58'46' E I 350.0'
11OC 56' I 4.02 Ac.
I LL TEUPORARv
I ! CONST.ESMT.�
EXHIBIT 'A'
PAGE 1 OF 3
Deed CollICO Ac.
u� E �39 Owner Jimmy Mack Lancaster
'..Eil 4I P.P L2 ON PROPERTY 3 I� vol. 171 Pg. 345
Y mil~
Owner 3 toO C
00
Joe Earley Thaxton, Jr. 6. Vol. 334 Pg 142 oil� 4.82 AC. o co
6 co IN
} � t
Ii Z Ln I
1273 �a�a 1259
E.L. & R.R. �!t6 1 J.H. GIBSON
I
POST 10.T NORTH
�. OF CORNER POST I T
I urnrOw
v i----35A.6 -------2Ge -e 5 20' Wide
3 i s N 88• r' w N 88.01'44" W—
C,
HE 2.r
TPEO
I :
Deed Colt I Ac.
Vol. 40 Pg. 617
46
P.P,
A hegaldescription of even survey date her
accompanies this survey plat.
Sur-,�qyed on the gr9yad,,Prtjmber 3. 2008
F.egistered(Vrofessional L ord Surveyor
Date 12 -
AllNorth,ngs :rd Eostings shown are prc ect coordirotes
and mry be converted to Texas State alcne Coordinates,
North CertralZone,NAG-83 by// divining by c surface SC
odlcstment fcctcr of I0002396
Afldistances sown are surface diEtarces
DR
6earir. s snuwn ore grid bearings based on the Texas SU
State Plore Coordinate System, North Central Zone, FI
NAL83 Dat irl.
Deed Call100 Ac.
Owner Arthur Smallwood
Vol. 251 Pg. 1041
• -Set ''12" Rod Wi Cap
1' • 20G' I REVISION:
CITY OF LUE61OCk
AY: R Rt,RRrw
YED BY:J.M. MARTIN jP1 FIEL
ump3.dgn FILE NO
N
W E
S
TE: 12-3-
TE: 12-
This :ur iey ord ollm(armo'iort hereon s for the a+c"ive use of
CITY OF LUBBOCK �'LLVVs� U�Y • �V�7�
and sn,M not be Coped or used except for Ine pvpose for which 33M IOM STD Sox 2W - fJMOC:• M 7"U
4 s expte551y furnished this drawing and affcapies (parholar dwi7w-wo -rm t/m m-ow
c)mpfelel snaAbe returned to the owner upon demand.
T 1 OF 3
EXHIBIT -A"
page 2of3
acre tract of land out of Section 1259, J.H. Gibson Survey, Garza County, Texas and being more
fetes and bounds as follows:
rod with cap, set on the existing East right of way line of F.M. 2106, for the Northwest and beginning
ict, whence the Northwest comer of Section 1259 bears North 88.01'44' West, 40.00 feet and North
let;
East, a distanca of 350.00 feet to a lh' Iron rod with cap, set for the Northeast corner of this 4.82
Nast, a distance of 600.00 feet to a 1h' Iron rod with cap, set for the Southeast corner of this 4.82
Hest, a distance of 350.00 feet to a Ih' Iron rod with cap, set on the existing East right of way line of
at comer of this 4.82 acre tract;
:ast, along the existing East right of way line of F.M. 2106, a distance of 600.00 feet to the point of
)f land.
r7ON EASEMENT
:re tract of land out of Section 1259, J.H. Gibson Survey, Garza County, Texas and being more
etas and bounds as follows:
od with cap, set on the existing East right of way line of F.M. 2016, for the Northwest comer of this
Northwest comer of Section 1259 bears North 88.01'44' West, a distance of 40.00 feet and North
if 1000.56 feet;
ast, a distance of 550.00 feet to a 'h' Iron rod with cap, set for the Northeast corner of this 4.02
lest, a distance of 700.00 feet to a +h' iron rod with cap, set for the Southeast corner of this 4.02
est, a distance of 200.00 feet to a y4' Iron rod with cap, set for the Southeast corner of a 4.82 acre
corner of this 4.02 acre tract;
ist, along the East line of a 4.82 acre tract, a distance of 600.00 feet to a yz' Iron rod with cap, set
i 4.82 acre tract and for a comer of this 4.02 acre tract;
est, along the North line of said 4.82 acre tract of land, a distance of 350.00 feet to a 12' iron rod
est comer of said 4.82 acre tract and a corner of this 4.02 acre tract;
ist, along the existing East right of way line of F.M. 2106, a distance of 100.00 feet to the point of
'land.
�K
HIGH-TECH LAND AND GPS SLR `f YORS, I.'VC.
3330 70th St., Suite 202 - Lubbock, Texas 79413
(806) 788-0020 - Fax (806) 792-1646
EXHIBIT "A"
Page 3of3
NOTES:
A survey plat of even survey date herewith accompanies this legal description.
Surveyed on the ground December 3, 2Q08.
All distances are surface distances.
Bearings are grid bearings based on the Texas State Plane Coordinate System, North Central Zone, NAD83 Datum, U.S. Survey
Feet. -.Mwftkh-
RE R SSIONAL LAND SURVEYOR
DATE:
AumpIcloc
HIGH-TECH LAYD A,VD GPS StRKEYORS, INC.
3330 70th St., Suite 202 - Lubbock Texas 79413
(806) 788-0020 - Fax (806) 192-1646
# 35,760