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HomeMy WebLinkAboutResolution - 5698 - Agricultural Lease Agreement - Ronnie Hamilton - 607.10 Acres - 11_13_1997RESOLUTION NO. 5698 Item #21 November 13, 1997 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 an Agricultural Lease Agreement by and between the City of Lubbock and Ronnie Hamilton, 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 Council. Passed by the City Council this 13 th APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Yent APPROVED AS TO FORM: A&cdocs1amiltonses May 20, 1997 November 1997. RESOLUTION NO. 5698 Item #21 Ndvember 13, 1997 AGRICULTURAL LEASE AGREEMENT Preamble -Persons and Premises This lease agreement is made and entered into this 13 th day of _ Nnuembpr , 19 q , by and between CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation, referred to in this lease as Lessor, and RONNIE HAMILTON, referred to in this lease as Lessee to occupy and use for agricultural purposes and for no other purposes the real property described in Exhibit "A" to this Agreement. Lessor leases to Lessee, and Lessee leases from Lessor, the premises, referred to in this lease as the leased premises. Term 1. The primary term of this lease shall commence on the date of execution hereof, and lease shall expire on December 31, 1998, unless terminated earlier as provided in this lease. Lessee is granted an option to extend the term of this lease for five (5) successive one (1) year terms taken upon identical terms and conditions of this lease. The option shall be exercised by providing written notice of Lessee's intention to exercise the applicable option period, delivered to Lessor as provided in Paragraph 30 herein, within sixty (60) days of the expiration of the primary term or option period, whichever is applicable. Rent 2. During the term of this lease, Lessee shall plant and farm crops on all suitable land located on the farm. Lessee agrees to deliver to Lessor, as rent, one-fourth (1/4) of all proceeds of sale of all crops produced on the farm. Lessee shall deliver Lessor's production share within 30 days after the crop is marketed and the proceeds are received. The proceeds shall be delivered to Lessor at City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457, Attention Property Manager or at such other place or places as Lessor may from time to time designate by written notice served on Lessee. Records 3. Lessee agrees to maintain records on all agricultural and financial matters relating to the farm. Lessee shall specifically maintain records on the location and amount of land planted, date planted and acre yields of crops. Lessor's authorized representatives shall have the right to inspect these records at all reasonable times. Lessee's Duties in Operating Farm 4. In addition to the agreements covered by the foregoing sections of this lease, Lessee further agrees to: (a) farm the leased premises in a good and farmerlike manner; (b) maintain the leased premises in a neat and orderly manner; (d) pay 3/4 all bills for insecticides, fertilizer ginning, hauling or other materials necessary for the growth or harvest of cotton produced on the leased premises. The Lessor will pay 1/4 of such costs; (e) pay 3/4 of the cost of crop insurance. The Lessor will pay 1/4 of such expense. (f) prevent noxious weeds from going to seed on the leased premises and control or destroy such weeds in an environmentally safe and legal manner. The Lessor pay '/, of such noxious weed herbicide expense; (g) make all required reports to applicable governmental agencies; (h) refrain from placing the leased premises in any crop control or subsidy program without the prior written approval of Lessor; and; (i) keep the leased premises free and clear of any liens, claims and encumbrances of Lessee's creditors, with the exception of any security interest taken by a creditor for part of the Lessee's crop. Utilities S. Lessee must pay promptly as they become due all charges accrued by him for the furnishing of electricity, or other public utilities, if any, to the leased premises during the term of this lease. Lessor shall pay all charges for electricity or other utilities accrued as a result of his use of the property. Improvements 6. Lessee may not make any alterations, additions or improvements to the farm without the prior written consent of Lessor. Consent for nonstructural alterations which do not effect the future use of the property for landfill purposes shall not be unreasonably withheld. All alterations, additions, or improvements made by Lessee shall become the property of Lessor at the termination of this lease; however, at Lessor's election, Lessee shall promptly remove all alterations, additions, and improvements, and any other property placed on the farm by Lessee, and Lessee shall repair any damage caused by such removal. Use of Leased Premises 7. The leased premises shall be used solely and exclusively for farming and agricultural purposes, and shall be occupied only by Lessee. The leased premises shall be used for no other purpose without the written consent of Lessor. 8. Lessee will not permit any use of the premises, or permit any act, including the keeping of anything, in or about the premises, which directly or indirectly, will violate any law, ordinance, or regulation. 9. Lessee shall comply with all laws, ordinances, and governmental regulations, and with any direction of any public officer, pursuant to law, which imposes any duty on Lessee with respect to the leased premises or the occupation of the leased premises. LEASE AGREENMNT PAGE 2 a Water 10. It is understood and agreed by Lessor and Lessee that Lessor shall retain the right to produce and take water from the premises, including water from presently existing or new irrigation wells for use in the development and operation of a landfill upon the premises or other land owned by Lessor. Inspection by Lessor 11. Lessee shall permit Lessor and Lessor's agents to enter the leased premises at all reasonable times for the purpose of inspecting the same. Right of Entry 12. Lessor reserves the right to enter the leased premises at all reasonable hours (and if, in the opinion of Lessor, an emergency exists requiring immediate action, at any time) to make replacements, repairs, and restorations and to carry out any work or activities in connection with the improvement, safety, protection, or preservation of the leased premises. Condition of Premises 13. Lessee has made an independent examination of the premises and accepts the same as being clean and in good condition and repair. Further, Lessee acknowledges that Lessor has made no representations or statements concerning quality of the leased premises, or present or future value of any anticipated income or profit to be derived from the leased premises. Lessee shall, throughout the term of this lease, keep the leased premises in clean and good condition and shall surrender the same at termination in as good a condition as received. Lessee shall comply at all times with all applicable laws, statutes, rules and regulations, state, and federal, and local ordinances, ("the applicable law"), and shall be solely responsible for and shall bear all costs of any and all remediation efforts and costs regarding any spills or other disposal of contaminants including but not limited to fuel, oil, hydrocarbons, or other hazardous substances (as defined in CERCLA, 42 U.S.C. §9601 et. seq., as now defined or as it maybe amended;) and compliance with "the applicable law" including but not limited to all environmental laws or regulations, and agrees to indemnify Lessor from any damages or any liabilities connected with or related to the noncompliance with the applicable law and/or the spill or clean up of any fuel, oil, hydrocarbons or other hazardous substance (as is or may be defined in CERCLA, 42 U.S.C. §9601 et. seq.) arising on or after the effective date of this Agreement, and/or caused by the use, operation, maintenance or occupation of the leased premises by Lessee. Lessee shall not be responsible nor will Lessee be required to indemnify Lessor for any of the above as described in paragraph 13, if such was caused in whole or in part by Lessor. Alteration of Premises 14. Lessee shall make no alterations without Lessor's prior written consent, which Lessor may condition in any manner, or may refuse, in accordance with its sole determination, which shall be conclusive. All such alterations which may be approved by Lessor shall be at the sole expense of Lessee, and Lessee agrees to hold Lessor harmless from all liabilities in any way connected with them. LEASE AGREEMENT PAGE 3 Responsibility 15. Lessor shall not be liable, and Lessee waives all claims, for injury to or death of persons or damage to or loss of property sustained by Lessee or Lessee's invitees or guests resulting from the leased premises or any part of it or any of its equipment or appurtenances being out of repair, or resulting directly or indirectly from any act or neglect of any tenant or occupant of the leased premises or of any other person, or from any other cause whatsoever except the gross negligence of Lessor. Lessee shall be responsible for all damages caused by his negligence or by the negligence of his family, invitees or guests. End of Term 16. On the expiration or other termination of the term of this lease, Lessee shall quit and surrender to Lessor the leased premises in as good, and as clean, order and condition as such were in at the commencement of the term, and, to the extent required by Lessor, all improvements and alterations made by Lessee shall be removed and the leased premises restored to their condition at the commencement of the term. In the event that, in order to comply with these obligations of Lessee, any repairs, restoration, or cleaning shall be required, they shall be paid for by Lessee. Lessee's obligation under this paragraph shall survive the expiration or other termination of the term of this lease. Termination for Public Purpose 17. It is understood by Lessor and Lessee that the property the subject of this lease shall in the future be used by the Lessor for landfill purposes. It is understood and agreed by Lessee that as portions of the property are required by the Lessor for the construction of cells for the deposit of solid waste that Lessee shall surrender such property for Lessors use. Lessor agrees that Lessee may then continue to use the remaining property for farming purposes until such time as it is required for landfill purposes. The determination as to when any given portion of the property is required for landfill purposes shall be made by Lessor in its sole discretion. In no event shall lessor be liable to Lessee for any damages, other than crop damages, for converting the property to landfill uses nor for any manner of trespass. Lessor will give Lessee advanced notice when additional area being farmed by Lessee will be needed for construction. If Lessee is notified after April 20, of a lease year and will not be able to harvest the crops on the acreage notified by Lessor for additional landfill purposes, crop damages in the form of a monetary amount mill be paid to Lessor for the acreage damaged. Crop damages will be determined by the City's Right -of -Way agent based on the amount of crops harvested on the balance of the tract and the average prices per pound received by Lessee for such balance of the crops harvested. In the event Lessor needs part of the leased property for landfill purposes the Lessor will give Lessee sixty (60) days written notice. The Lessor shall have the right to take such property before paying for the crop damages. In the event Lessee shall fail or refuse to remove his property from the portion of the landfill then being required for landfill purposes, Lessor shall have the right to enter upon the lease premises and remove any such property. Holding Over 18. If Lessee remains in possession of the leased premises after the expiration or other termination of this lease, then, Lessee shall be deemed a tenant of the leased premises from year to year and subject to all of the terms and provisions of this lease. LEASE AGREEMENT PAGE 4 Indemnity 19. Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs, and expenses, including reasonable attorneys' fees, arising from conduct or management of Lessee's business or Lessee's use of the farm, or any negligent act or omission by Lessee, or Lessee's agents, servants, employees, contractors, guests, or invitee on or about the farm. If any action or proceeding is brought against Lessor arising from any of these circumstances, Lessee further agrees to defend the action or proceeding with legal counsel acceptable to Lessor. Remedies 20. All rights and remedies of Lessor enumerated in this lease shall be cumulative, and none shall exclude any other right or remedy allowed by law or provided for in any other section of this lease. No Partnership 21. This lease shall not give rise to a partnership between the parties. Neither party shall have the authority to bind the other without the other party's written consent. Insolvency, Default, Other Grounds; Right to Terminate 22. If Lessee defaults in the payment of rent or in the prompt and full performance of any provision of this lease, or if the leasehold interest of Lessee be levied on or attached by process of law, or if Lessee makes an assignment of the benefit of creditors, other than a security interest for the purpose of financing Lessees' operations, or if a receiver is appointed for any property of Lessee, or if Lessee abandons the premises, then, and in any such event, Lessor may, if it so elects, but not otherwise, with or without notice, either forthwith terminate this lease or, without terminating this lease, forthwith terminate Lessee's right to possession of the leased premises. Repossession of Premises 23. On any termination of this lease, or on any termination of Lessee's right to possession without termination of the lease, Lessor may enter and repossess the leased premises, and remove any and all property from the premises, without being deemed guilty of trespass, eviction, forcible entry, or detainer. Abandoned Property 24. Any and all property of Lessee which may be left in the leased premises after the termination of this lease or Lessee's right of possession for any reason may be handled, removed, or otherwise disposed of by Lessor at the risk and expense of Lessee, and Lessor shall in no event be responsible for any property left in the leased premises by Lessee. Lessee shall pay to Lessor, on demand, all expenses incurred in such disposition, including a reasonable charge for storage, but Lessor shall be under no obligation to provide storage, and Lessee expressly consents to the sale, removal, discard, or any other disposition of the property by Lessor. Reimbursement of Lessor's Expenses 25. Lessee shall pay on demand all of Lessor's expenses, including attorney's fees, incurred in enforcing Lessee's obligations under this lease. LEASE AGREEMENT PAGE 5 No Waiver 26. A waiver by Lessor of any default or breach of any term, condition, or covenant of this lease by Lessee shall not be deemed to be a waiver of any other breach by Lessee of the same or any other term, condition, or covenant contained in this lease. Interest 27. All amounts (other than rent) owed by Lessee to Lessor under this lease shall be paid within ten days from the date Lessor renders statements of account to Lessee and shall bear interest at the rate of twelve percent per annum after that date until paid. Assignment and Subletting by Lessee 28. Lessee shall not have the right without the prior written consent of Lessor to assign this lease, and any interest in it, and to sublet the leased premises, or any part of the premises, or any right or privilege pertinent to the leased premises. Assignment by Lessor 29. Lessor is expressly given the right to assign any or all of its interest under the terms of this lease. MISCELLANEOUS Notices and Addresses 30. All notices provided to be given under this agreement shall be given by certified mail or registered mail, addressed to the proper party, at the following addresses: Lessor Lessee City of Lubbock Ronnie Hamilton Box 2000 RR 2 Box 173 Lubbock, Texas 79457 Abernathy, Texas 79211-9629 Parties Bound 33. This agreement shall be binding upon and inure to the benefit of the parties to the agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this agreement. Texas Law to Apply 34. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created under this agreement are performable in Lubbock County, Texas. LEASE AGREEMENT PAGE 6 Legal Construction 35. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this lease. Prior Agreements Superseded 36. This agreement constitutes the sole and only agreement between the parties to this lease and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this lease. Amendment 37. No amendment, modification, or alteration of the terms of this lease shall be binding unless the same be in writing, dated subsequent to the date of this lease, and duly executed by the parties to this lease. Rights and Remedies Cumulative 38. The rights and remedies provided by this lease agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive that parry's right to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Time of Essence 39. Time is of the essence in this agreement. Contingency 40. This Lease Agreement shall only become in full force and effect if and when the Lessor acquires the property described in Exhibit "A". LEASE AGREEMENT PAGE 7 IN WITNESS OF THIS AGREEMENT, the undersigned Lessor and Lessee execute this agreement as of the day and year first above written. LESSEE: LESSOR: BY: B RONNIE HAMIL O Y SIPCON, MAYOR �TTEST- a e arnel1, City ecretary- APP OVED AS TO CONTENT: C-�- Ed Bucy, Right -of -Way A nt APPROVED AS TO FORM: I&M- C4dff Hfirtsell, Trial Attorney STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF LUBBOCK This instrument was acknowledged before me by RONNIE HAMILTON on this A 3 day of Q e-t .1997. oU'Q.e j In &X'44-� Notary Public, State of Texas My Commission Expires: /o? -/- " fe "'M ................. 31)c OAVY 'M. 600HER 10"Pak 2*etTws �'o..,�'� Ib Conunidon Exphes lI-1G88 LEASE AGREEMENT PAGE 8 STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF LUBBOCK § This instrument was acknowledged before me by WINDY SITTON, Mayor, City of Lubbock, on this j 8. day of Op%xrmbel .1997. Notary Public, State of Texas My Commission Expires: to. o to • o ��ar V Pue �i - •W+1 e i ^+�1 Put�lc. Shte ci TOx�i a�. COIIi�ll io ac us dp jh-othcdII%hrmleas.doc October 21, 1997 LEASE AGREEMENT PAGE 9 w1LSON IQRYX calla Co., INC. 3330 - 7M STAWo S02?Vi 201 LODW", TZL S 71011 (1041 792•4731 ts� VIM NO= of 407.1O acres of land, saes 407.10 Wag as occupied on the (round, Section 1. flock 0, Be L. 0 R. B. R.R. Co. Sarver, Abstract 225, Certificate No. 1211, 8-12101, Lubbock County. twens LNG at a 1/29 iron pipe, found in the canterlina of T.M. 2524 and the ceaterliae of a dirt county road Nest son the acenpatioaal Northwest corner of said Section 1, flock F, and the Southwest corner of Section 1, Block Ct, said 1/20 iron pipe has a Tax" North Central Lambert Value of N - 73S147i.01l0 O.S. Surrey Feet and 2 • 923767.6410 O.S. purvey Teets Cf South 1O0309430 east, along tararow and the South occupational Use of Section 1, flock Ci, at $0.0 feet glass a 1/2" rebar with caps set in the suet tight -of -tar lime of T.M. 252S and continue for • total distance of 4997.20 feet to a It' iron pipes found for the Northeast occupational corhsr of said Section Is Block !r = 12 South 01456260. Vast, along turarow, at. 5257.40 feet pass • 1120 mbar with cap, set in the North tight-of-Uay of as e•sessat County soad, and coatings for a total distames of 5282.06 feet to a 11' iron pipe, found for the occupational Southeast corner of Section 1. Block Ts !![OIC I North 28035101• Vast, at 5000.32 feet pass a found 1/29 robot with Cap and continue !or a total distance of 5O1S.22 feet to • 1120 rebar with cap* set in the Centerline of T.M. 2S28 for the occupational Southwest corner of Section 1, Block Tr tg=@C= North 02•07'100 east, along the ceaterilae of said r.R. 2S2s, a distance of $292.06 feet to the place of b"ionisq. CMAINING 407.10 acres. g"rings, distances, and coordinates are based on W 1913 State plane Coordinate Systm, Texas North Central tone, O.S. $rawer toot Oatnm, Average combined Grid ractos a 0.999710073. Nz Sl�ltsb rj�OASSIOKM iAM sflx molt R { •� JM/mhv IPJ= - 2 - 10,114 Save And Except The Following Tract: Beginning At The Occupational Northwest Corner Of Said Section 1, Block P; Thence East 750-Feet To A Point; Thence South 1,750-Feet To A Point; Thence West 620-Feet To A Point; Thence South 1,050-Feet To A Point; Thence West 130-Feet To A Point For The Southwest Corner Of The Tract; Thence North 2,800-Feet To The Point Of Beginning.