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Home My WebLink AboutResolution - 1521 - Lease Agreement - Texas A&M, TAES - Irrigation Well, Landing Light Area LIA - 11_10_1983RESOLUTION 1521 - 11/10/83 N0111 1l� %§3 JMS:ja RESOLUTION A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF LUBBOCK TO EXECUTE A LEASE BY AND BETWEEN THE CITY OF LUBBOCK AND THE TEXAS AGRICULTURAL EXPERIMENT STATION FOR THE USE OF A TRACT OF LAND SITUATED AT THE LUBBOCK INTERNATIONAL AIRPORT AND THE USE OF WATER FROM AN IRRIGATION WELL SITUATED THEREON. WHEREAS, the City of Lubbock formerly purchased land from the Texas A&M University System .for extension of the North -South Runway and placement of Instrument Landing System (ILS) components; and WHEREAS, the Texas Agricultural Experiment Station, a part of the A&M University System desires to use the water from an irrigation well situated on such tract of land; and WHEREAS, the Texas Agricultural Experiment Station will perform a service for the City of Lubbock by controlling the weeds on such tract of land as consideration for the use of such water; and WHEREAS, the Airport Board of the City of Lubbock has recommended to the City Council of the City of Lubbock the leasing of this tract of land to the Texas Agricultural Experiment Station; NOW THEREFORE: 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 an Agreement of Lease by and between the City of Lubbock and. the Texas Agricultural Experiment Station, a part of the Texas A&M University System, for a tract of land situated at the Lubbock International Airport and the use.of all water from an irrigation well situated on such tract of land, which Agreement of tease, attached hereto, 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 10th day of November 1983. ALE -HENRY, MAYOR ATTEST: Evelyn Gaffga, tity Tdc -Treasurer APPROVED AS TO CONTENT: Marvin Coffee, Dife#tor of Aviation APPROVED AS TO FORM: Cr 11 an M. Sherwin, Assistant City Attorney RESOLUTION 1521 - 11/10/83 t L E A.S E THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK $_ This Agreement of Lease entered into this loth day of November , 19 83, by and between the CITY OF LUBBOCK, hereinafter called "Lessor" and the TEXAS AGRICULTURAL EXPERIMENT STATION, a Part of the Texas A&M University System, hereinafter called "Lessee": W I T N E S S E T H: WHEREAS, the Lessor is the owner of a certain tract of land situated at the Lubbock International Airport in Lubbock County, Texas, located at the North end of the North -South Runway and referred to as the Landing Light Area and Lessee herein desires the use of an irrigation well situated on such tract of land to be used in its operations; NOW THEREFORE; for and in consideration of the mutual covenants hereof and subject to the terms and conditions here- inafter set forth, Lessor does hereby lease unto Lessee and Lessee does hereby take and hire from Lessor the right to use all water from the irrigation well presently in place on the Landing Light Area at Lubbock International Airport, such tract being more particularly described by metes and bounds as follows: A tract of land out Section 36, Block A, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a point that is 2,640.7 feet North and 2,816.78 feet West of the Southeast corner of Section 36, Block A, said point being the Southeast corner of the tract herein described; THENCE West 400.0 feet to a point; THENCE North 0006'45" East, 2,175.0 feet to a point; THENCE East 400.0 feet to a point; THENCE South 0°06'45" West, 2,175.0 feet to the PLACE OF BEGINNING. Containing 19.972 acres. I. USE OF WATER The Lessee shall have the right to use the water from the irrigation well described herein for the term of this Agreement and any extensions thereof. II. INGRESS AND EGRESS Lessee shall be permitted ingress and egress on, over and across the above -described tract of land for the purpose of using the water from such irrigation well and for the purpose of maintaining the well and pump thereon. III. MAINTENANCE OF WELL The Lessee shall be responsible for all maintenance and operation of the irrigation well and may at its own expense repair or replace the pump, motor or any equipment in connection with the well at its own expense. IV. NO INTERFERENCE WITH AIRCRAFT The Lessee shall not place within the described area any such permanent equipment which will in any manner interfere with the operation of the North -South Runway or with the safety or operation of any aircraft that is using or attempting to use the facilities at the Lubbock International Airport. V. NO STRUCTURES Lessee shall not place any buildings or structures of any nature within the described premises. VI. CONSIDERATION As consideration for the use of the irrigation well the Lessee shall be responsible for the weed control on the described premises and may plow or plant the type of cover it may determine as best suitable for such land which is acceptable to the Lessor. VII. TERM The term of this Lease shall be for a period of five (5) years; commencing on the 25th day of January 1984 and ending on the 24th day of January 1989; provided, however, the Lessee shall have the option at the expiration of the Lease period to extend it for an additional five (5) year period. In the event the Lessee desires to exercise its option to extend this Agreement then in such event the Lessee shall give notice to the Lessor at least thirty (30) days before the expiration of the original term. VIII. LESSOR'S TERMINATION Lessor shall have the right to terminate this Lease upon the occurrence of any of the following events by giving Lessee thirty (30) days written notice as hereinafter provided. (1) The failure of Lessee to control weeds on the tract of land herein leased to Lessee in a manner that is satisfac- tory to the Director of Aviation of the City of Lubbock. (2) The breach by Lessee of the conditions set forth in paragraphs V and VI of this Lease pertaining to the pre- vention of all interference with the operation of the North -South Runway or with the safety or operation of aircraft. X. LESSEE'S TERMINATION Lessee shall have the right to terminate this Lease upon the cessation of said irrigation well to produce water by giving thirty (30) days written notice to Lessor as hereinafter pro- vided. XI. NOTICES Any and all notices provided for in this Lease to be given Lessor shall be deemed to have been duly given when mailed by certified mail, return receipt requested, to the Director of Aviation, Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401, or to such other address as Lessor may designate to Lessee in writing. Any and all notices required to be given to Lessee shall be deemed sufficient if mailed by certified mail, return receipt requested, to Director of Texas Agricultural Experiment Station, The Texas AhM University System, Route 3, Lubbock, Texas 79401 or to such other -address as Lessee may designate to Lessor in writing. Therdate of any notice provided for in this Lease shall be the t is placed in the United States mail, properly addressed, ostage prepaid. XII. 7 RIGHTS RESERVED TO LESSOR Lessor reserves the right to itself, its agents or its employees to enter the Leased Premises at any reasonable time for purposes of (1) consultation with Lessee, or (2) to make repairs, improvements and inspections, (3) after notice of termination of the Lease is given or at the expiration of the term hereof. XIII. SURRENDER OF LEASED PREMISES On or before the thirtieth day following the date of the expiration or termination of this Lease Agreement, Lessee shall vacate the Leased Premises and remove therefrom any and all of Lessee's equipment and other property of whatever kind. Lessee shall then deliver said Leased Premises to Lessor and thereafter Lessee shall have no further rights in said Leased Premises. XIV. IMPROVEMENTS A. All improvements, equipment and other property bought, installed, erected or placed by Lessee in, on, or about the Leased Premises shall be deemed personalty and shall remain the property of Lessee. B. Lessee shall not remove or demolish, in whole or in part, any improvements that already exist on the Leased Premises without the prior written consent of Lessor. Lessor shall not withhold such consent unreasonably and shall not impose unrea- sonable conditions on his consent. XV. HOLDING OVER In the event Lessee remains in possession of the Leased Premises after the expiration of the term of this Lease Agreement without any written renewal or extension of this Lease, such holding over, with or without the consent of Lessor, shall be treated as a tenancy from month to month under the same terms and conditions as set forth herein. Such tenancy shall be terminable by either Lessor or Lessee by giving to the other party thirty (30) day written notice of such termination. THIS INSTRUMENT IS EXECUTED IN THREE COUNTERPARTS, EACH OF WHICH SHALL HAVE THE FORCE AND EFFECT OF AN ORIGINAL, ON IOth November , 1983 . LESSOR: Cl/TY OF LUBBOCK V AL N HENRY., AYOR A TEST: Evelyn Gaffga a' Secretary -Treasurer APPROVED AS TO CONTENT: Marvin Coffee / (% Director of Aviation AP}IPROVEDD AAS TO FORM: Oqan M. Sherwin Assistant City Attorney J LESSEE: TEXAS AGRICULTURAL EXPERIMENT STATION NEVILLE P. CLARKE, DIRECTOR THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, a Notary Public in and for said County and State on this day personally appeared Alan Henry, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Lubbock, for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this -�day of 19?21. (seal) Notary Public in and for Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF BRAZOS § Before me, a Notary Public in and for said County and State, on this day personally appeared Neville P. Clarke, known to me to be the person whose name is subscribed to the foregoing instru— ment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of , 19 (seal) Notary Public in and for Brazos County, Texas