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HomeMy WebLinkAboutResolution - 110967I - Farm Rental Contract - W.M. Wright - Crops In Section 5 Block A - 11_09_1967KJ :tp 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 FARM RENTAL CONTRACT with W. M. WRIGHT, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the Council this 9th day of November, ATTEST: 67. TIT W. D. ROGER , R MAYO Lavefnia Lowe, Cify Secretary -Treasurer APPROVED: ter, Jr., C RENTAL CONTRACT THE STATE OF TEXAS 1 COUNTY OF LUBBOCK 1 THIS AGREEMENT entered into this 20th day of November , 19_U_, between the City of Lubbock, a Home Rule Municipal Corporation in Lubbock County, Texas, hereinafter called Lessor, and W. M. Wright, hereinafter called Lessee. VVITNESSE TH: FIRST -- Upon the terms and conditions herein contained, Lessor hereby leases to Lessee for the two crop season years beginning January 1, 1968. and ending not later than December 31. 1969, the following lands and premises in Lubbock County, Texas, to -wit: TRACT A: All of Section Five (5), Block A, Lubbock County, Texas, except that part occupied by the Railroad and highway right- of-way, and Loop 289 right-of-way, and except approximately 105 acres of grassland north of existing railroad, and except- ing also 156.700 acres out of the Southwest corner of Section 5, Block A, Lubbock County, Texas heretofore described in a conveyance to Willojack Corporation and others by Warranty Deed dated January 10, 1959 and recorded in Volume 724. Page 251, Deed Records of Lubbock County, Texas to which reference is made for purpose of further description, and except approximately 16.88 acres sold to State of Texas on Warranty Deed dated July 27, 19 61 and recorded in Volume 65 184% Page 31. Deed Records of Lubbock County, Texas and excepting approximately 50.787 acres out of the Northwest corner sold to Litton Systems, Inc., dated March 24. 1964 and recorded in Volume 991. Page 103, Deed Records, Lubbock County, Texas, to which reference is made for the purpose of further description, and excepting 8. 3 acres sold to Marion Key, Trustee; containing 235.7 acres of land, more or less. TRACT B: All of Section 41. Block A. North of the Panhandle and Santa Fe Railroad, less school portion in the Southwest Corner being 4.03 acres, containing approximately 510 acres. TRACT C: BEGINNING at a point which is 4517.02:feet South of the Northwest corner of Section 12, Block A. Lubbock County, Texas; THENCE East 2050.0 feet; THENCE North 600.0 feet; THENCE East 90. 8 feet; THENCE North $48. 62 feet; THENCE East 100.0 feet; THENCE North 776.73 feet; THENCE West 1300. 0 feet, THENCE South 475.33 feet; THENCE West 320 40' 45" South 1115.86 feet; THENCE South 1150. 0 feet to POINT OF BEGINNING. The above described tract of land contains 80.8 acres more or less. SECOND(a) - Lessee agrees to prepare, plant and cultivate all tillable land in a farmer -like manner in due time and season; to keep down all nox- ious 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, and to allow no volunteer crop of any kind to mature on said land. (b) Lessee agrees that none of the tillable land will be allowed to lie out or be taken out of production without the consent of Lessor in writing signed by its City Manager at Lubbock, Texas. (c) Lessee agrees that if he, for any reason, fails to plant any crop or crops, in due time and season, or if planted or replanted and the crop be destroyed by the elements or otherwise fails to develop a stand which could be reasonably expected to mature into a profitable crop, such acreage shall revert to Lessor absolutely, unless Lessee notify Lessor in writing as soon as such condition reasonably can be determined, and obtains the consent of Lessor to plant such acreage in such crops as may be mutually agreed upon, such consent of Lessor to be in writing signed by its City Manager of Lubbock, Texas. (d) It is further agreed that as the crops are gathered from any of said land during the final year of this lease, Lessee will surrender possession of such portions thereof, so that Lessor or any future tenant may enter upon said land and prepare it for cultivation for the following year; and that 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 at Lubbock, Texas, and any crops growing on said premises in violation of this provision shall revert to Lessor as its absolute property. together with any plowing or work done by Lessee without the written consent of Lessor as above provided. THIRD - Lessee agrees to pay Lesscr as rent thirty-eight per cent (38%) of all the cotton and cotton seed raised on said premises and thirty-eight per cent (38%) of all grain crops, such crops shall be delivered to Lessor in Lubbock or at the nearest shipping point at the request of the City Manager, free of all charges as herein provided. In addition, the Lessee shall pay to Lessor thirty-eight per cent (38%) of all payments received from the United States Government for Lessee's participation In United States Government sponsored agricultural programs. S FOURTH - Lessee agrees to harvest and conserve Lessor's share of the crops in a farmer -like manner; to head, gather and deliver all mature maize, hegari, kaffir and similar grain sorghums, and corn, to Lessor at a place designated by Lessor's City Manager; all immature crops of maize, kaffir, hegari, corn, oats and other crops cut and bound but not to be threshed, to be stacked in a farmer -like manner on the premises unless Lessor agrees to take delivery of all or part of such bundled crops in shocks in the field; to harvest wheat and other small grain crops, bear ail expenses incident thereto and deliver same to elevator or store -houses designated by Lessor in the nearest town or shipping point on the railroad, free of all charges, and de- liver proper receipts therefor in the name of Lessor to Lessor or its agent; to gather and haul all cotton to the gin at the expense of Lessee and cause same to be ginned, at any gin within the corporate limits of the City of Lub- bock, the expense of ginning the rent cotton to be paid by Lessor; to apply the rent seed to cost of ginning the rent cotton and account for any surplus to Lessor; to take proper storage receipts in the name of Lessor covering all rent cotton and cottonseed and deliver such receipts promptly to Lessor or its agent. FIFTH - Lessee agrees and covenants to keep all fences, windmills, buildtrg is, and other improvements 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 the negligence of Lessee or his agents and the elements or act of God excepted. And if the buildings be destroyed or so damaged that they cannot be repaired except by substantially rebuilding them Lessor shall be under no obligation to rebuild or repair said buildings. No alterations in the buildings or improvements shall be made and no substantial improve- ments shall be placed on the premises by Lessee without the written con- sent of Lessor, it being agreed that any improvements placed thereon con- trary hereto shall become the property of Lessor and shall not be removed by Lessee, in whole or in part. SIXTH - Lessor reserves the right to go upon said 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 im- provenamts it sees fit, and should Lessee fail or refuse to properly tend, cultivate and harvest the crops on said land, Lessor shall have the right to enter upon said land and hire sufficient labor for that purpose, the cost of which shall be repaid to Lessor out of the portion of the crops belonging to Lessee. Lessee shall not sublet said premises, or any part thereof, with- out the written consent of Lessor, and should Lessee abandon said premises, or sell or attempt to sell any part of the crops before they are matured or harvested, all of his interest in all said crops shall be immediately forfeited to Lessor, and Lessor shall have the right to enter upon and take possession of said premises and handle same in any manner that may to it seem right and proper. SEVENTH - Lessee shall not have the privilege of pasturing or selling the stalk or stubble field for pasturage and shall not pasture any of the fields at any time during the term of this lease except with the written consent of Lessor, and in the event that the stock are found grazing in the fields in violation thereof, it shall be lawful for Lessor or its agent to cancel this lease and to enter said premises and remove All persons therefrom and take possession thereof as liquidated damages, and any claim for damage by virtue of such entry by Lessor to hereby expressly waived by Lessee. EIGHTH - Lessee agrees to give peaceable possession of said property at the termination of this lease in as good condition as reason- able use and wear will permit, it being the absolute intention of this lease that the same shall expire upon the date above determined, and that Lessee shall not attempt to hold over under his lease, or claim any renewal, exten- sion 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 cause shall be binding or admissible in evidence. NINTH - In case of sale of said premises during the occupancy of Lessee hereunder and purchaser desires possession. Lessee agrees to sur- render the same at once upon receipt by him of the actual present value of the growing crops, and the refund of the pro rats, part of the cash payment for grass land, if any, according to calendar year that has passed, the value to be determined by three disinterested parties, one to be selected by Lessor, one by Lessee and the two to chbose a third, and their decision as to value shall be binding. TENTH - If the land covered by this contract be occupied by any one other than Lessee at the time he is entitled hereunder to enter, and said occupant refuses to deliver possession, then Lessor will use dili- gence to obtain possession as soon as ,same can be done, but if Lessor be delayed or defeated in gaining possession, Lessor shall not be liable to Lessee for any damages occasioned by such delay or taibure to gain posses- sion. ELEVENTH - Lessee covenants and agrees that Lessee will not waste the lands hereby leased by dumping trash, debris, junk, or any foreign sub- stance thereon or suffer, permit, allow, or cause the same to be done. TWELFTH - '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 ib days written notice given to Lessee by Lessor's City Manager and enter and take possession of said land and premises with- out 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 sub- sequent breach of condition, covenant or agreement to be kept and performed by Lessee. THIRTEENTH - It is understood that 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 said County and subject to the right of Lessor to develop and explovr(; 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. FOURTEENTH - It is understood and agreed that at any time after thirty (30) days written notice to Lessee. Lessor may enter into and upon the said premises or any part thereof and may repossess the same as its former estate and expel the said Lessee, and those claiming under him and remove his effects, without being taken or deemed guilty of any man- ner of trespass; provided, that Lessee shall be entitled to a reasonable amount of compensation for expenses incurred by him to the date of re- possession by Lessor. FIFTEENTH - It is understood that this lease applied only to land In cultivation and does not apply to land in grass and subject to grating. All such grass land will be leased as such by separate contract. SIXTEENTH - Except as otherwise provided herein, this contract and all rights, claims and demands created thereby or resulting therefrom shall be performed at the City Hall of Lubbock, Texas. This contract shall not be binding until approved by the City Council of the City of Lubbock. SEVENTEENTH - Lessor is not to contribute in any way to the cost or control of insects or defoliation. WITNESS our hands as of the date first hereinabove written. LESSEE Approved by City Council 9th day of November , 1862--. APPROVED: '�f �77- Fred . Senter, Jr., City Att e THE STATE OF TEXAS � COUNTY OF LUBBOCK ! BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared W. D. ROGERS, JR., Mayor of Lubbock, Texas, known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Lubbock and as Mayor for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND and seal of office, this day of 10 ( SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared W. M. WRIGHT known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpo- ses and consideration therein expressed. GIVEN UNDER MY HAND ani seal of office this day of , 18 (SEAL) Notary Public, Lubbock County, Texas