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HomeMy WebLinkAboutResolution - 1545 - Lease Agreeement - Joe Urbanovsky - Turf Farm, Section 55 Block A Lubbock County - 12_15_1983RESOLUTION 1545 - 12/15/83 O�G JMS:js 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 Turf Farm Lease Agreement between the City of Lubbock and Joe Urbanovsky, 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 15th day of December 1983. 4a L AL NRY, AYOR ATTEST: Evelyn Gaffga, City Secret y r asurer APPROVED AS TO CONTENT: ! , ulre CI I MeS APPROVED AS TO FORM: GNi x J n M. Sherwin, Assistant City Attorney RF�AOLUTION 1545 - 12/15/83 'F,?f GECRETARY.tREASUREF THE STATE OF TEXAS S COUNTY OF LUBBOCK S TURF FARM LEASE AGREEMENT THE CITY OF LUBBOCK, TEXAS, a municipal corporation, here- Inafter called LESSEE, and JOE URBANOVSKY, hereinafter called LESSOR, do hereby enter into this Lease Agreement.for the purpose of granting to LESSEE the right and privilege of growing, cutting and removing turf from the leased premises hereinafter described. WHEREAS, the LESSOR Is the owner of a turf farm situated in Lubbock County, Texas; and WHEREAS, Lessor warrants that he has the right and authority to grant to LESSEE the rights and privileges hereinafter set forth; and WHEREAS, LESSEE Is a municipal corporation operating under Its home rule charter pursuant to Article XI, Section 5, of the Constitution of the State of Texas, and subject to the provisions of said Constitution and the general laws of the State of Texas and WHEREAS, LESSEE needs a continuous supply of turf for use In the maintenance and Improvement of park lands and other public lands maintained by LESSEE; 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 to LESSEE and LESSEE does hereby take and hire from LESSOR the following described real property located in Lubbock County, Texas, for the purpose of growing, cutting and removing turf from said property for the use of LESSEE on other lands belonging to or under the admini- stration and control of LESSEE. LEASED PREMISES The real property herein leased to LESSEE, hereinafter referred to as "Leased Premises," Is described as follows: The West one-half (1/2) containing five (5) acres of land, more or less, out of ten (10).acres of land out of the Northeast one-fourth (1/4) of Section 55, Block A, Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a 3/8" iron rod set for the Southeast and beginning corner of this parcel, said point being located on the Northerly R.O.W. line of the Santa Fe Railroad Co., whence the Northeast corner of said Section 55 bears North 65*041001, East, 1404.85 feet and North 1010.0 feet; THENCE South 65*041001, West, along said Northerly R.O.W. line a distance of 560.91 feet to a 3/811 iron rod set for the Southwest corner of this parcel; THENCE North along the West line of this parcel pass the Southerly line of a 60 feet wide road easement at a distance of 885.06 feet, continuing on for a total distance of 915.85 feet to a 3/811 iron rod set on the centerline of said road easement for the Northwest corner of this parcel; THENCE North 76*58150t1 East along the centerline of said road easement and the North line of this parcel, a distance of 522.05 feet to a 3/811 iron rod, set for the Northeast corner of this parcel; THENCE South along the East line of this parcel pass the Southerly line of said road easement at a distance of 30.79 feet, continuing on for a total distance of 797.00 feet to the place of beginning. Containing 10.00 acres of land. II. TERM The term of this Lease Agreement shall be for a period commencing on November 30, 1983, and ending on September 30, 1985, subject, however, to the right of either LESSOR or LESSEE to terminate this Lease Agreement for the reasons set forth in Article IV of this Lease Agreement by giving to the other party hereto written notice of such termination in the manner and at the time provided in said Article IV. IiI. RENTAL AMOUNT LESSEE agrees to pay LESSOR an annual rental for the above described Leased Premises of TWENTY THOUSAND FIVE HUNDRED SEVENTY AND NO/100 DOLLARS (E20,570.00), three -fourths (3/4) of such annual rental In the amount of FIFTEEN THOUSAND FOUR HUNDRED TWENTY-SEVEN AND 50/100 DOLLARS ($15,427.5.0) shall be payable In advance on November 30th of each year in which this Lease Agreement remains in full force and effect, provided that the City of Lubbock has received its General Revenue Sharing.Funds by November 30th of each year. In the eventthat the City of Lubbock has not received the General Revenue Sharing Funds by November 30th, the three -fourths (3/4) of such annual rent shall be payable 30 days after receipt of such General Revenue Sharing Funds. The last one-fourth (114) of such annual rental shall be payable on September 1st of each year in which this Lease Agreement remains in full force and effect. Such rentals shall be paid to Lessor at Lessor's address as stated in Article XI hereof. ARTICLE IV. TERMINATION A. Lessee shall have the right to terminate this Lease Agreement upon the occurrence of any one of the following events by giving written notice to Lessor of its Intention so to terminate. In the event that Lessee exercises its right to terminate this Lease Agreement for any reason specified in clauses 2 through 6 of this para- graph A then the rentals hereunder shall be prorated to such date of termination, and Lessee shall pay to Lessor the amount of unpaid rent accrued on the date of termination or if Lessor has received rental payments in advance In excess of such pro rata rental amount, Lessor shall refund all rentals paid but unearned on such termination date. 1. In the event that the City Council of the City of Lubbock, Texas, does not budget and appropriate funds for the payment of the rental stipulated herein for any year during the term of this Lease Agreement. In such event Lessee shall give Lessor written notice of such termination on or before the twentieth day of November following the adoption of the budget for that fiscal year by said City Council. Upon the giving of such notice, all obligations of Lessee hereunder shall cease, including the obligation to make any rental payments during any fiscal year of the City for which no funds therefor have been budgeted and appropriated.' 2. Upon the failure of Lessor to perform any one of the services or to furnish adequate labor, equip- ment, and materials as provided in Article Vlll of this Lease Agreement. The Parks and Recreation Department of the City of Lubbock will monitor the operations to be conducted by Lessor pursuant, to said Article Vill. In the event such operations do not meet the specifica- tions set forth in said Article Vlll, Lessee, acting by and through its Director of Parks and Recreation shall give written notice of such deficiency to Lessor In the manner provided In Article XI of this Lease Agreement. If Lessor fails to correct such deficiency within fourteen (14) days after said notice is placed in the United States mall, Lessee shall have the right to terminate this Lease Agreement by giving Lessor a second written notice of Lessees Intention to termi- nate. This Lease Agreement shall terminate on the fourteenth (14th) day after Lessor places such written notice in the United States mall in accordance with said Article XI. 3. The breach by Lessor of any of the terms, covenants, conditions, or warranties set forth in this Lease Agreement to be kept or performed by Lessor, and the failure of the Lessor to remedy such breach within fourteen (14) days after lessee mails notice of.the existence of such breach to Lessor. 4. Upon the sale of the Leased Premises 5. If the Leased Premises or any part thereof or any estate therein be taken by eminent domain, provided however, that Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof. 6. If any casualty, pestilence or Act of God shall render the Leased Premises unusable by Lessee for the purposes for which they are leased hereunder. B, Lessor shall have the right to terminate this Lease Agreement upon the occurrence of any one of the following events by giving written notice to Lessee of his intention so to terminate. ^ 1. If Lessee fails.to pay rentals due hereunder on or before the dates specified above, Lessor may terminate this Lease Agreement by giving fourteen (14) days notice to Lessee that the Lease Agreement will terminate at the end of such fourteen (14) day period unless Lessee shall have corrected such failure to pay. Upon termination of this Lease Agreement for reason of Lessee's falIure to pay rentals, Lessor may immediate- ly, or at any time thereafter, enter Into and upon the Leased Premises or any part thereof in the name of the whole and repossess said premises. 2. The heirs, executor or administrator of Lessor shall have the option to terminate this Lease Agreement by giving written notice of termination effective at the end of the lease year in which Lessor's death occurs or at the end of any subsequent lease year during the term of this Lease Agreement. ARTICLE V. RIGHTS RESERVED TO LESSOR Lessor reserves the right to himself, his agents or his employees to enter the Leased Premises at any reasonable time for purposes of (1) consultation with Lessee, (2) making repairs, Improvements, and inspections,'(3) performing the services to be performed by Lessor according to the terms of this Lease Agree- ment, and (4) after notice of termination of the lease Is given or at the expiration of the term hereof for the purpose of seeding, cultivating, irrigating, fertiiizing, spraying with herbicides or pesticides, mowing and such other work as may be. . necessary to preserve the existing turf or to plant new turf for future harvests. VI. 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. Lessee, shall then dellver'said Leased Premises to Lessor in the same condition as when received except for damage due to natural causes, to events beyond the control of LESSEE, or to acts or omissions of LESSOR. After having made such delivery of the Leased Premises to LESSOR, and thereafter Lessee shall have no further rights In said Leased Premises. f�! LESSOR'S WARRANTY Lessor warrants that he has full rights and authority to lease the Leased Premises and to grant to Lessee the rights and privileges herein granted, and Lessor will defend Lessee's possession against any and all persons whomsoever. ARTICLE YIII. LESSOR'S OBLIGATIONS Lessor further covenants and agrees at his sole cost and expense to perform the following services and to furnish the following labor, equipment and materials in connection with the Leased Premises and the rights and privileges herein,granted: A. Ail fixed Improvements now situated on the above described Leased Premises; B. All necessary repairs to such improvements including permanent fences, and the labor, materials and equipment required for any such repairs; C. Labor and equipment for mowing of established turf at`a frequency necessary to maintain a height of cut at one and one-half 1 1/2 to two (2) inches; D. Labor and equipment for mowing of harvested areas to be initiated when grass..reaches one Inch and thereafter at a frequency necessary to insure maximum rooting of. runners; E. Irrigation -of established turf .with:application of a sufficient amount of water to keep turf In vigorous growing condition; F. Irrigation of harvested areas immediately after harvesting in sufficient amount to maximize sprouting of new shoot growth and thereafter at a rage of application sufficient to insure actively growing turf; G. Application of pesticides and herbicides as needed to prevent weed, insect and disease infestations. ARTICLE IX. TAXES AND ASSESSMENTS Lessor shall pay all taxes and assessments of whatever nature levied on the real estate that constitutes the Leased Premises herein and on any Improvements thereon and on any personal property belonging to Lessor that is located on said Leased Premises. ARTICLE X. LESSEE'S OBLIGATION Lessee agrees to perform the following tasks and abide by the following restrictions on Its use of the Leased Premises: A. LESSEE shall, at it sole cost and expense, apply fertilizer to the turf growing on the Leased Premises two to three times per year at the same rate that fertilizer Is; applied to park properties, owned and maintained by LESSEE. B. LESSEE shall not abuse or damage the Leased Premises or the turf growing thereon. C. LESSEE shall take reasonable measures to prevent ruts or holes resulting from the use of LESSEE'S equipment. on the Leased Premises, and in the event such ruts or holes are made by LESSEE or its agents or employees, LESSEE shall refill and level the land to Its former condition. D. LESSEE shall not cut turf at a depth 1n excess of one and three quarters Inches ,(1 3/411). ARTICLE XI. NOTICES Any and all notices provided for in this Lease Agreement to be given.to Lessor shal.I be.d'eemed to have been duly gi'ven•.when mailed by certified mall.,'return recelpt requested, to Joe Urbanovsky, 3310 37th Street, Lubbock, Texas 79413 or to such other address as Lessor may designate to Lessee in writing. The date of any. notice provided for in this Lease Agreement shall be the date It is placed In the United. States Mall, properly, addressed, with postage prepaid. Any an 611 notices required to be given to Lessee. shall be deemed sufficient 'if mailed by certified mail, return receipt requested, to the attention of the .Director of Parks and Recreation, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. ARTICLE X11. 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. ARTICLE Xi11. - LAWS, ORDERS AND REGULATION$ Lessee shall ;in the. juse and occupancy 'Of -the Leased Premises conform to all laws, orders and'regulations.of the federal. state and local governments. ARTICLE X`IV. ASSIGNMENT OR SUBLETTING Lessee shall .not sell, assign or transfer. this Lease or any part thereof and.shall not sublease,aWor.any.portlon of the Leased Premises without prior written .consent of Lessor. Lessor shall ,not unreasonably.withhold:.such consent.' ART I C.LE i(V.. INDEMNI-FICATION Lessor agrees to i.ndemnlfy,:defend and forever, save the City of Lubbock, Texas, .harmlessfromandagal:nst.any and all .penai- ties, llabllity, annoyances or Loss resulting from.clalms or court action of any:natur.e ari`sing directiy,.or 'In'dIrectIy.out of any.acts .or.omisslons of -Lessor, his agents, 'representatIves , servants or employees or..any activities conducted by Lessor on or In.the immediate viclnity.of the.Leased Premises. LESSOR shall. not be responsible for damage -to any.property,owned by LESSEE unless such,.damage is caused by.the negligent.act or omission of, LESSOR, his agents, representatives, servants or employees. ARTICLE XVI. INSURANCE A. Lessor shall, at his sole.expense, maintain public liability and property damage insurance against claims of third parties arising from any activity, operation or condition existing upon the Leased Premises. The amount of such insurance coverage shall not be less than FIFTY THOUSAND DOLLARS ($50,000) for property damage as a result of any one event, or less than ONE HUNDRED THOUSAND.DOLLARS (E100,000) for personal Injury or death of one or more persons in any one event or less than THREE HUNDRED THOUSAND DOLLARS (E300,000) for personal injury to two (2) or more persons in any one event. Upon execution of this Lease Agreement, Lessor shall furnish Lessee a certificate of insurance or other satisfactory evidence of compliance with this provision. B. Lessor shall insure all of Lessor's improvement and equipment on the Leased Premises against casualty loss by fire, theft, vandalism, natural elements, and Lessor shall keep such Insurance in full force and effect during the entire term of this Lease Agreement. Such Insurance shall be In an amount equal to the fuli Insurable replace- ment value of such improvements and equipment, subject to Lessor's right to maintain reasonable deductibles. All such Insurance policies shall contain an agreement on the part of the insurer waiving the right of such insurer to subrogatlon against the City of Lubbock, its officers, agents and employees. Upon execution of this Lease Agreement, Lessor shall furnish Lessee a certificate of insurance or other satisfactory evidence of compliance with this provision. In the event such improvements or equipment are damaged and Lessor receives payment from an insurer to reimburse such damage, Lessor agrees to expend all sums received for the replacement or repair of such improvements or equipment. ARTICLE XVII. RELATIONSHIP OF PARTIES This Lease Agreement shall not give rise to a partnership relation, and neither Lessee nor Lessor shall have the authority to obligate the other. Lessee shall not be in any way respon- sible for the debts of or liabilities for accidents or damages caused by the acts or omissions of Lessor, his agents or em- ployees; and Lessor shall not be liable for any accidents or damages caused by the negligent acts or omissions of Lessee, its agents, employees or officers. ARTICLE XVIII. HEIRS, EXECUTORS AND ADMINISTRATORS The provisions of this Lease Agreement shall be binding on the heirs, executors and administrators of Lessor in like manner as upon the original.Lessor, except that'such heirs, executor or administrator shall have the option to terminate this Lease_ Agreement as provided in Article 'IV,.B, 2, above. ARTICLE XIX.:; NO WAIVER OR ORAL MODIFICATION The failure o.f either party to insist on strict performance of any covenant or condition hereof shallnot be construed as a waiver of such covenant or condltlon,In.any other instance. This Lease.Agreement cannot be changed.or terminated orally. This Lease Agreement may be modified or amended only by a writing duly authorized and executed by both Lessor and Lessee. 'ARTICLE XX. NO:SOLICiTATION ' Lessor certifies that he has not employed an,y person employed by the City of Lubbock., Texas, to solicit .or secure this Lease upon any agreement `:for :a c,ommisslon,.percentage, brokerage or contingent fee... ARTICLE XX1. HOLDING OVER In the event Lessee•,remains^..In.possession.of the Leased Promises after the 'expiration 01.the.tor0-of this Lease Agreement .without any written renewal or.`extenslon'of this Lease, such holding over, with or without the consent of Lessor, shall be treated as a tenancy from month to month at a monthly rental equal to one -twelfth (1/12) the annual rental amount stipulated in this Lease Agreement. Executed i.n duplicate this 15th day of December 1983, by Joe Urbanovsky, Lessor, and the City of Lubbock, Texas, acting by and through its Mayor hereunto duly authorized. LESSEE: THE CITY OF OCK, T XAS ALAN HENRY, AYOR LESSOR: E. URBANOVSKY A TEST: TEST: v e I y n Girff g,a City Secretary-Trea er LRVED AS TO 9ONTENT: m Weston Director of Community Facilities APPROVED AS TO FORM: Jglan M. Sherwin 1a sistant City Attorney ACKNOWLEDGMENTS STATE OF TEXAS S COUNTY OF LUBBOCK i O Before me, a Notary Public in and for the County of Lubbock, State of Texas, personally appeared this day Joe Urbanovsky, known to me to be the person whose name is subscribed to the foregoing TURF FARM LEASE AGREEMENT,and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 15th day of ember , 1983. C2�CZ�, otary Publ c in d for Lubbock County, Texas My Commission Expires: 02/14/87 STATE OF TEXAS ; COUNTY OF LUBBOCK S Before me, a Notary Public in and for the County of Lubbock, State of Texas, personally appeared this day ALAN HENRY, Mayor of the City "of Lubbock, Texas, known to me to be the person and officer whose name is subscribed to the foregoing TURF FARM LEASE AGREEMENT and acknowledged to me that the same was the act of said City of Lubbock, Texas, a municipal corporation and that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this al day of I�FP.yn ��lit 1983. Notary Public in and for Lubbock County, Texas My Commission Expires: