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Home My WebLink AboutResolution - 2010-R0030 - Renewal And Extension Of Agriculture Lease Agreement With Ronnie Hamilton - 01/28/2010Resolution No. 2010-R0030 January 28, 2010 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 BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Renewal and Extension 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 City Council. Passed by the City Council this 28th ATTEST: -- Q _J4,C�' , -5�' 4--- Rebecc Garza, City Secretary APPRO'\IED AS TO CONTENT: Dae Booher, Right -of --Way Agent APPROVE AS TO FORM: Chad Weaver, Assistant City Attorney I vw:ccdocs 'RES.Hamilton Farm Lease January 5, 2010 day of January , 2010. e -1--Z i4a, TOM MARTIN, MAYOR Resolution No. 2010-R0030 Contract: 9396 RENEWAL AND EXTENSION OF AGRICULTURE LEASE AGREEMENT This Renewal and Extension of Agriculture Lease Agreement (the "Extension") is entered into this 28`h day of January, 2010, 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, and the first extension thereto on December 31, 2009; WHEREAS, Lessor and Lessee desire to extend the term of 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 January 1, 2010, and expiring on December 31, 2010 (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, 2015. 2. Lessee shall obtain and carry, at his sole costs, insurance in the amounts and form as set forth in Exhibit `B" attached hereto. 3. All terms and provisions of the Original Agreement, including the prior amendment thereto, shall remain in full force and effect as originally written and is binding on the Lessor and Lessee, except for the amendment herein. IN WITNESS WHEREOF, the parties have executed this instrument on the 28th day of January, 2010, but effective for all purposes on January 1, 2010. LESSEE: LESSOR: CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Rebec a Garza, City Secretary APPROVED AS 10 CONTENT: nj Dave Booher, Right -of -Way Agent Hamilton Farm Lease January 5, 2010 Resolution No. 2010-R0030 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''/z" 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 1 '/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 88035'01" West, at 5000.32 feet pass a found '/2" rebar with cap and continue for a total distance of 5015.22 feet to a '/2" 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; 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. Chad/Hamilton Farm Lease - Exhibit A ACORD- INSURANCE BINDER THIS HINDER IS A TEMPORARY INSURANCE CONTRACT SU 1J: PW*a - PRpDUCER —80& 29&2787 Givens Insurance Agency 101 Avenue N P.O. Dox 320 Abernathy TX 79311-0320 CODs: 0061464 AoeNCY 205 INSURED Ronnie Hamilton Crystal Hamilton 5208 FM 597 TX 79311-9629 COMIRMY State Auto 144FEECTI%& T!N 01/14/2010 112:01 . 2010—R0030 X THIS BINDER IS ISSUED To EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PEREPRINGPOLICYO: FO 6813547 DEWRIPTION OF OPERATIDNSIVRIOCLEWROPERTY ORCWdtr1111 LOnOW 4 Liability Coverage on land owiDed by the City of Lubbock known as Sec. 1, Block P, in Lubbock County. Tcxas COVERAGES LIMITS TYPE OF INSURANCE PROPERTY CAUSES OFLOSS I BASIC I _ BROAD I j $PEC I COVERAGWOORMS CATS C_Qly6 •— _ ,_, —ANON?_ . 01/21/2010 i THE REVERSE SIDE OF THIS FORM GENERAL BINDER # On 640 acres of land owned by the City of Lubbock in Lubbock CO., Sec. 1, Block P. On a Primary & Non -Contributory Basis RETRO OA 2686 B�xPixi►nDN TILW AM 01/14/2011 X 12:01 AA X NOON s 300000 X THIS BINDER IS ISSUED To EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PEREPRINGPOLICYO: FO 6813547 DEWRIPTION OF OPERATIDNSIVRIOCLEWROPERTY ORCWdtr1111 LOnOW 4 Liability Coverage on land owiDed by the City of Lubbock known as Sec. 1, Block P, in Lubbock County. Tcxas COVERAGES LIMITS TYPE OF INSURANCE PROPERTY CAUSES OFLOSS I BASIC I _ BROAD I j $PEC I COVERAGWOORMS DBcucnBLE C_Qly6 •— _ ,_, —ANON?_ . GENERAL LIAB'urr COMMERCIAL GENERAL LIABILITY CLAIMS MADE n OCCUR Farm lriab• On 640 acres of land owned by the City of Lubbock in Lubbock CO., Sec. 1, Block P. On a Primary & Non -Contributory Basis RETRO OA EACH OCCURRENCE _ FIRE DAMAGE (Any enc Bre) MEQ EXP (Arty one pereen) PERSONAL 8M INJURY GENERALAGARES3A7E-- _ PRODUCTS-COMPK)PAGG s _ 300000 100000 X y 1000 S 300000 s 300000 s 300000 _AUTOMODILE LIAEILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OVMED AUTOS COMB94Ep 811dOLE LIMB GODLY INJURY (Pere person) BODILY INJURY (Per ee 1donf) PROPERTY DAMAGE ME01 PAYMENTS i S _ •_,__ S PERSONAL INJURY PROT UNINSLREDMOTORIST AUTO PHYSICAL DAMAGE DEDUCTI9LE COLLISION; OTHERTHANCCL4OTHER aLL VEHK:LES SCHEDULED VEHICLES ACTUAL CASHVALUE 3 __ WARAMOUNT GARA" LIAMLTIY ANY AUTO H___ AUTO ONLY- EA Accamr -- OTHER THAN AUTO ONLY: EACHACCID I A EXCESS LJABRRY UMBRELLA FORM OTHER THAN UMBRSLLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE AGGREGATE SELF-INSURED RErWTION ¢. S WORKER'S COON ENSATION QMPLOYMS LIABILITY We STATUTORY LIMITS E.L. EACH ACCIDENTAND E.L. DISEASE - EA EMPLOYEE EL DISEASE . POLICY LIM SPECIAL CONOIilON.4f Co ERRAGes FEES S. --• - -- - TAXES ----•--- ESTIMATED MTAL PREMIUM City of Lubbock PO Box 2000 Lubbock ACORD 7" (1lMB) MORTGAGEE u ADDRIONALINSURGO LOSS PAYEE LOAN TX 79457 AUTM , MMTATM NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE 0 ACORD