HomeMy WebLinkAboutResolution - 2012-R0193 - Cash Farm Lease Agreement - Chris Bednarz - 05/30/2012 (2)Resolution No. 2012—RO193
May 30, 2012
Item No. 5.6
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Cash Farm Lease Agreement, by and
between the City of Lubbock and Chris Bednarz, and 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 on May 30, 2012
ATTEST:
Rebec a Garza, City secretark)
APPROVED AS TO CONTENT:
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Marsha Reed, P.E., Chief Operating Officer
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Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs(RES.Agrmt-Chris Bednarz
April 25, 2012
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Contract # 1.0768
Resolution No. 2012-RO193
CASH FARM LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
This Cash Farm Lease Agreement ("Lease") is entered into this 30th day of
May , 2012, by and between the CITY OF LUBBOCK, a Home Rule Municipal
Corporation, in Lubbock County, Texas, hereinafter called "Lessor", and Chris Bednarz,
hereinafter called "Lessee."
1. Term/Property. The term of this Lease shall commence on the date of execution
hereof, and Lease shall expire on December 31, 2012, unless terminated earlier as provided in
this Lease. The following lands and premises located in Lubbock County, Texas are made
subject to this Lease:
Approximately 40 acre tract out of west half of Section 72, Block S, Lubbock County,
Texas and more specifically described in Exhibit "A" attached hereto.
This Lease may be extended up to four (4) one (1) year terms by the Lessee requesting
such an extension in writing at least thirty (30) days prior to the end of the term.
2. Rent. Upon final execution of this Lease, Lessee will pay rent to Lessor an
amount equal to TWENTY-ONE NO/100 DOLLARS ($21.00) per acre (dryland), in a form
acceptable to Lessor. The parties agree that the amount due at the inception of this Lease shall
be EIGHT HUNDRED FORTY AND NO/100 DOLLARS ($840.00). All monies due, including
rent, shall be payable to:
Attn: Dave Booher, Property Manager
City of Lubbock
P.O. Box 2000
Lubbock, TX 79457
3. Covenants by Lessee. 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 her 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 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, as 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.
(e) At the end of the Lease term, or as otherwise provided herein, Lessee agrees
to give peaceable possession of the Leased premises to Lessor.
(f) 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 damages suffered directly by him that resulted
from such action by the Lessor.
(g) Lessee will not allow the dumping of trash, debris, junk, oil, gas, chemicals or
any foreign substance on the property.
(h) Lessee shall comply with all federal, state and local laws and regulations,
including but not limited to, all Texas Commission on Environmental Quality
(TCEQ) regulations concerning irrigation, fertilizer and chemical use.
4. Covenants by Lessor and Lessee. 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. In such a case, payment for crop damages shall be made to Lessee by
Lessor after the crop harvest, for the crop acreage damaged or rendered
unusable. Crop damages will be determined on a pro-rata basis by the Lessor,
based on the amount of crops harvested on the undamaged balance of the tract
and the average price per pound, or bushel, as the case may be, received by
2
Lessee from a bona fide purchaser, no later than December 31, 2012, for such
balance of the crops harvested.
(b) If the land covered by the contract be occupied by anyone 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 delivery of said written
notice by Lessor.
5, Default. 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, in the
sole determination of Lessor, then Lessor's representative may give Lessee a written notice of
default; Lessee shall then be entitled to twenty (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, or proceeds or crops therefrom.
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 other default.
6. Notice of Pending. If the need arises for the Lessor to use the Leased land for
any public purpose, Lessor shall give the Lessee written notice to vacate the Leased land and
Lessee shall have nine (9) months to cease its operations and leave the Leased land. In such a
case, Lessor shall not be liable to Lessee for any crop damage.
7. No Arbitration Clause. The City reserves the right to exercise any right or
remedy available to it by law, contract, equity, or otherwise, including without limitation, the
right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City
shall not be subject to any arbitration process prior to exercising its unrestricted right to seek
juridical remedy. The remedies set forth herein are cumulative and not exclusive, and may be
exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
8. Notice. All notices 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
City of Lubbock
Attn: Property Manager
Box 2000
Lubbock, Texas 79457
Lessee
Chris Bednarz
17002 CR 2720
Slaton, Texas 79364
9. Time of the Essence. The parties hereto agree that TIME IS OF THE ESSENCE
with respect to the performance of all terms, conditions, obligations, and covenants of this Lease
agreement.
10. Insurance. Farm/Ranch Owners' Liability Insurance. Lessee shall have
Farm/Ranch Owners' Liability Insurance with limits of $500,000 combined single limit in the
aggregate and per occurrence. The Lessor shall be named as an additional insured in such
policy.
LESSEE:
By:
OL,(
Chris Bednarz
17002 CR 2720
Slaton, Texas 79364
Chad/Cash Farm Lease Agrmt-Chris Bednan
April 12, 2012
'LESSOR:
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11nftrm Facsimile S"ture at Public
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ATTEST:
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Rebec4Garza, City Secretary
AS TC CCN APPROVED TENT:
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Marsha Reed, P.E., Chief Operati n Officer
Dave Booher, Right -of -Way Agent
APPR V D/AS " C FORM:
1
Chad Weaver, Assistant City Attorney
Cash Farm Lease - Approx. 40 ac Located in
W/2 of Section 72, Block S, Lubbock County, TX
EXHIBIT
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