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HomeMy WebLinkAboutResolution - 2003-R0001 - Agricultural Lease Agreement - Kelly Thomas -TKT Farms - 01_09_2003RESOLUTION Resolution No. 2003-ROOOl January 9, 2003 Item No. 17 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 Agricultural Lease Agreement by and between the City of Lubbock and Kelly Thomas -TKT Farms, and all 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 9th day of __ J_a_n_u_a_r~y __ 2003. ATTEST: -~~/ER;~~ Re15ecca Garza ~ City Secretary APPROVED AS TO CONTENT: &L-0~ Ed Bucy 7 Right-of-Way Agent APPROVED AS TO FORM: j/;,,u.:_ k-/~ Wiilial11 de Haas Contract Manager/ Attorney Kb/bdh/CCdocs/Kelly Thomas -TKT Farms.res December 9, 2002 AGRICULTURAL LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution No. 2003-ROOOI January 9, 2003 Item No. 17 This Agreement entered into this 1st day of February, 2003 between the City of Lubbock, a Home Rule Municipal Corporation, in Lubbock County, Texas, hereinafter called Lessor, and Kelly Thomas TKT Farms, hereinafter called Lessee. 1. Upon the terms and conditions herein contained, Lessor hereby leases to Lessee for the one crop season year beginning February 1, 2003, and ending not later than December 31, 2003, the following lands and premises located in Lubbock County, Texas, as follows: All of the Southwest quarter of Section 20, Block A-K, Lubbock County, Texas further referenced as Agricultural Soil Conservation Service (A.S.C.S.) Farm 02228. 2. 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 his 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 will pay to Lessor an amount equal to twenty-five percent (25%) of the revenue derived by Lessee from all agricultural products raised. (e) Lessee shall pay to Lessor twenty-five percent (25%) of all payments for agricultural products received from the United States Government. All rents are due and payable immediately upon of the receipt of same by Lessee. All monies dues to be payable to: City of Lubbock; PO Box 2000; Lubbock, Texas; 79457; ATTENTION PROPERTY MANAGER, Ed Bucy. (f) Lessee will pay all expenses incurred in the production of any crop from the premises except as specifically stated in this agreement. (g) 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 if 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. (h) At the end of the lease term, Lessee agrees to give peaceable possession of the leased premises to Lessor. This lease shall expire on or before December 31, 2003, and shall not be subject to renewal, extension or continuance unless agreed to in writing executed by the parties by February 1, 2004. (i) Lessor reserves the right to go upon the premises at any time to survey, lay off contour lines, build terraces, drill wells, construct and maintain water and other utility lines, and to make improvements as it sees fit. 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 expenses incurred by him resulting from such action by the Lessor. (j) Lessee will not allow the dumping of trash, debris, junk or any foreign substance on the property. .. 3. 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, Lessee agrees to surrender the same at once upon receipt by him of the actual present value of the growing crops, and the refund of the pro-rata part of the cash payment for grass land, if any, according to the calendar year that has passed, the value to be determined by three disinterested parties, one to be selected by Lessor, one to be selected by Lessee and the two to choose a third, and their decision on the value shall be binding. (b) If the land covered by this contract be occupied by any one 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. ( 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 repossession by Lessor. 4. 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, then Lessor's representative may give Lessee a written notice of default; Lessee shall then be entitled to 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. 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 future default. LESSEE: By:_L.~~~/_..,,r,~~:.!..!..~...::::.:::_ Kelly Thomas TKT Farms 16818 FM 1730 Lubbock, Texas79424 Kb/bdh/ccdocs/ Agricultural Lease Agreement December 6 . .::.002 LESSOR: ATTEST: sQ.~ ~PA- RelJecca Garza .~ City Secretary APPROVED AS TO CONTENT: ~f) Ed Bucy ~ Right-of-Way Agent APPROVED AS TO FORM: