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HomeMy WebLinkAboutResolution - 121869E - Rental Contract - W.R. Butcher - Section 12 Block A - 12_18_1969RESOLUTION E 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 rected to execute for and on behalf of the City of Lubbock a RENTAL CONTRACT sued to W. R. BUTCHER attached herewith which shall be spread upon the inutes of the Council and as spread upon the minutes of this Council shall consti- to and be a part of this Resolution as if fully copied herein in detail. sed b',IT the City Council this 18th riav of TEST: 0 ED : asurer T%--h— 1 PS 4 _ RENTAL CONTRACT THE STATE OF TEXAS i COUNTY OF LUBBOCK i THIS AGREEMENT entered into this 18 day of DEC i9 6 9 between the City of Lubbock, a Horne Rule Municipal Corporation in Lubbock County, Texas, hereinafter called Lessor, and W. R. Butcher, herein- after called Lessee. W 1TNE SSE TH; F IRS T -- Upon the terms and conditions herein contained, Lessor hereby leases to Lessee for the one crop season year beginning January 1, 1970, and ending not later than December 30, 1970, the following lands and premises in Lubbock County, Texas, to -writ: TRACT A: 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 848.62 feet. - THENCE East 100.0 feet; THENCE North 776.73 feet; THENCE rest 1300.0 feet; THENCE South 476.33 feet; THENCE West 320 401 45" South 1116. 86 feel THENCE South 1150.0 feet to point of BEGINNING. The above described tract of land contains 93.15 acres more or less. TRACT B; All of that portion of the Southeast one quarter of Section 5, Block A, Lubbock County which lies South of Loop 289, containing 92.0 acres more or less. S E C ON D (a) - Lessee agrees to prepare, plant and clutivate 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, and to allow no volunteer crop of any kind to mature on said land. y (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 it planted or replanted and the crop be destroyed by the elements or otherwise falls 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. T H I R D - Lessee agrees to pay Lessor as rent forty per cent (40%) of all the cotton and cotton seed raised on said premises and forty per cent (40%) 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. Ln addition, the Lessee shall pay to Lessor forty per cent (40%) of all payments received from the United States Government for Lessee's participation in United States Government sponsored agricultural programs. F OUR TH - Lessee agrees to harvest and conserve Lessor's share of the crops in a farmer -like manner; to bead, gather and deliver all mature imaize, hegari, kaffir and similar grain sorghums, and corn, to Lessor at a place designated by Lessor's City Manager; all Immature crops of matte, Ikaffir, begari, 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 all expenses incident thereto and deliver same to elevator or store -houses designated by Lessor in the i nearest town or shipping point on the railroad, free of all charges, and deliver 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 Lubbock, 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, buildings, 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 re- build or repair said buildings. No alterations in the buildings or improvements shall be made and no substantial improvements shall be placed on the premises by Lessee without the written consent of Lessor, it being agreed that any improve- e ments placed on the premises contrary 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, con- struct and maintain water and other utility lines, and to make any improvements It sees fit, and should Lessee fail or refuse to properly tend, cultivate and har- vest 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, without 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 W 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. S E V E N T H - 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 is hereby expressly waived by Lessee. E I G H T H - Lessee agrees to give peaceable possession of said property at the termination of this lease in as good condition as reasonable 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, extension 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 rate. 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 choose a third, and their decision as to value shall be binding. T E N T H - 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 diligence 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 occa- sioned by such delay or failure to gain possession. E LE VENTH Lessee. covenants and agrees that Lessee will not waste the lands hereby leased by dumping $rash, debris, junk, or any foreign sub- stance thereon or suffer, permit, allow or cause the ,same to be done. T WE L F T H • Whenever Lessee herein covenants, or in any manner, , promises, agrees, or stipulates that Lessee is to do any act or refrain Ifrozr �dolia' any act, same shall be construed as a covenant and agreement made by',I�e'►e, as a condition to this lease, and in the event Lessee fails or refuses to perform any such covenant and agreement of this contract in the time and itjaer .' herein stated, Lessor shall have the right to declare this contract null and" i upon 15 days written notice given to Lessee by Lessor's City Manager and and take possession of said land and premises without being guiity of trd0 eL and withour prejudice to any other remedy it may have for the collection pf 40 rents or the enforcement of this contract. The failure of Lessor to exer�64+e, any right herein granted by reason of failure on part of Lessee to keep 4ii-Pp�r form any condition, covenant or agreement herein contained shall not be jc': oC- strued as a waiver by Lessor for any subsequent breach of condition, covt>4 t 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 heretoi'ore granted or assigned and recorded in the records of said County and subject tb the right of Lessor to develop and explore for oil and gas and other minerals. an said lands, such rights, and the right of ingress and egress over and tipo'n said lands in the exercise of said rights, being therein expressly reserved tit Lessor, its agents, successors and assigns. F O U R T E E N T H- It is understood and agreed that at any time after thirty (S©) 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 W effects, without being taken or deemed guilty of any manner of trespass, provided, that Leased shall be entitled to a reasonable amount of compensation for expenses incurred by him to the date of repossession by Lessor. F I F T E E N T H - It is understood that this lease applied only to land In cultivation and does not apply to land in gres s and subject to grazing. 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 creatdd 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. S E V E N T E E N T H - Lessor is not to contribute in any way to the Cost „ or control of insects or defoliatioq. and Lessee agrees to bold Lessor bar. lese'':'i from all claims or causes of action that might arise as the result of defoliation i or control of insects. LESSEE CITY OF LUII 0 LESSOR ATTEST' i 9 W. D. 'ROG4E Y R Lavenia Lowe, C ty Sec etary-Treasurer Approved by City Council_day of DEC A=E Filed O: eater, Jr. Attorney i THE STATE OF TEXAS 1 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 subscribe 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 le , (SEAL) Notary Public, Lubbock County, Teams THE STATE OF TEXAS i COUNTY OF LUBBOCK E BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared W. R. BUTCHER 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. GIVEN UNDER MY HAND and seal of office this day of 19 (SEAL) Notary Public, Lubbock County, Texas