HomeMy WebLinkAboutResolution - 2004-R0187 - Agriculture Lease Agreement Renewal, Extension, And Amendment - Ronnie Hamilton - 04_22_2004Resolution No. 2004-RO187
April 22, 2004
Item No. 17
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 Renewal, Extension and
Amendment of Agriculture Lease Agreement between the City of Lubbock and Ronnie
Hamilton, and any other 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 22nd
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
ke/ccdocs/Farm Lease. Hamilton.. Res
March 12, 2004
day of April , 2004.
Resolution No. 2004—RO187
April 22, 2004
Item No. 17
RENEWAL, EXTENSION AND AMENDMENT
OF
AGRICULTURE LEASE AGREEMENT
This Renewal, Extension and Amendment of Agriculture Lease Agreement (the
"Extension") is entered into this 22ud day of April , 2004, by and between the
City of Lubbock, a Texas home rule municipal corporation ("Lessor") and Ronnie
Hamilton ("Lessee").
WHEREAS, on or about November 13, 1997, Lessor and Lessee entered into that
certain Agriculture Leasing Agreement (the "Original Agreement"), leasing, upon and
conditions stated therein, the real property described on Exhibit "A" attached thereto;
WHEREAS, the term of the Original Agreement expired on November 13, 2003;
WHEREAS, Lessor and Lessee desire to extend the term of, and amend the
Original Agreement in certain respects, and now desire to enter into this Extension.
NOW, THEREFORE, Lessor and Lessee hereby agree as follows:
1. The term of the Original Agreement is hereby extended, commencing on
November 13, 2003, and expiring on December 31, 2004 (the "Primary Term"), unless
terminated earlier as provided in the Original Agreement. Lessee is granted an option to
extend the term of the Original Agreement for five (5) successive one (1) year terms upon
identical terms and conditions of the Original Agreement. 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 of the Original Agreement, within sixty
(60) days of the expiration of the Primary Term or Option Period, whichever is
applicable. In no event, however, can the termination date of the Original Agreement, as
renewed and extended as set forth herein, extend the Lessee's leasehold estate beyond
December 31, 2009.
2. Exhibit "A" is hereby deleted in its entirety from the Original Agreement
and replaced with the Exhibit "A", attached hereto.
3. All terms and provisions of the Original Agreement, except as modified
or amended herein, shall remain in full force and effect as originally written and is
binding on the Lessor and Lessee.
Hamilton Farm Lease Page 1 of 4
IN WITNESS WHEREOF, the parties have executed this instrument on the
22nd day of April , 2004, but effective for all purposes November 13, 2003.
EE
e Ronnie Hamil ton
LESSOR:
CITY OF LUBBOCK
ATTEST:
keb&ca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-W y Agent
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
Hamilton Farm Lease Page 2 of 4
Resolution No. 2004—RO187
Exhibit "A"
Field Notes
FIELD NOTES of 607.10 acres of land, same 607.10 being as occupied on the ground,
Section 1, Block P, E. L. & R. R. R.R. Co. Survey, Abstract 335, Certificate No. 1211,
S-13149, Lubbock County, Texas;
BEGINNING at a ''/z" iron pipe, found in the centerline of F.M. 2528 and the centerline of
a dirt county road West for the occupational Northwest corner of said Section 1, Block P,
and the Southwest corner of Section 1, Block CK, said '/2" iron pipe has a Texas North
Central Lambert Value of N= 7358478.0150 U.S. Survey Feet and E = 923767.6410 U.S.
Survey Feet;
THENCE South 88°34'45" East, along turnrow and the South occupational line of
Section 1, Block CK, at 50.0 feet pass a %" rebar with cap, set in the East Right -of -Way
line of F.M. 2528 and continue for a total distance of 4997.20 feet to a 11--4" iron pipe,
found for the Northeast occupational corner of said Section 1, Block P;
THENCE South 01°55'26" West, along turnrow, at 5257.48 feet pass a ''/z" rebar with
cap, set in the North Right -of -Way of an easement county road, and continue for a total
distance of 5282.48 feet to a 1'/4" iron pipe, found for the occupational Southeast corner
of Section 1, Block P;
THENCE North 88°35'01" West, at 5000.32 feet pass a found %2" rebar with cap and
continue for a total distance of 5015.22 feet to a %" rebar with cap, set in the centerline of
F.M. 2528 for the occupational Southwest corner of Section 1, Block P;
THENCE North 02°07'10" East, along the centerline of said F.M. 2528, a distance of
5283.06 feet to the place of beginning.
CONTAINING 607.10 ACRES.
SAVE AND EXCEPT THE FOLLOWING TRACT:
BEGINNING at the Occupational Northwest Corner of Section 1, Block P, Lubbock
County, Texas;
THENCE East along the north section line 5,000-feet to a point;
THENCE South 1,300-feet to a point;
THENCE West 4,250-feet to a point;
Hamilton Farm Lease Page 3 of 4
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THENCE South 450-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;
THENCE North 2,800-feet to the point of beginning.
Richard/FarmLease.Hamilton
March 12, 2004
Hamilton Farm Lease Page 4 of 4