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Home My WebLink AboutResolution - 2010-R0259 - Cash Farm Lease Affreement W/Richard Adams - 06/10/2010Resolution No. 2010-RO259 June 10, 2010 Item No. 5.5 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 Cash Farm Lease Agreement, by and between the City of Lubbock and Richard Adams, 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 on __ June 10, 2010 (_I�Aovge A�4 TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operation Officer ""' - X�� Z_ ) &Lll Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney Res -Cash Farm Lease Richard Adams 4.21 10 Resolution No. 2010-RO259 Contract: 9576 CASH FARM LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Cash Farm Lease Agreement ("Lease") is entered into this 10th day of ,lune _, 2010, by and between the CITY OF LUBBOCK, a Home Rule Municipal Corporation, in Lubbock County, Texas, hereinafter called "Lessor", and Richard Adams, 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, 2010, unless terminated earlier as provided in this Lease. The following lands and premises located in Lubbock County, Texas are made subject to this Lease: 45.04 acre tract of land out of Section 2, Block B, Lubbock County, Texas, and more specifically described in Exhibit "A" attached hereto. 2. Rent. Upon final execution of this Lease, Lessee will pay rent to Lessor an amount equal to TEN AND NO/100 DOLLARS ($10.00) per acre, in a form acceptable to Lessor. The parties agree that the amount due at the inception of this Lease shall be FOUR HUNDRED FIFTY 40.100 DOLLARS ($450.40). 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. 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 Lessee from a bona fide purchaser, no later than December 31, 2010, 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. 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 Richard Adams 7327 East FM 40 Lubbock, Texas 79407 7. 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. 8. 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. 3 LESSEE: By: ggij Richard Adams 7327 East FM 40 Lubbock, TX 79407 gs'Tease Agricultural Agrmni-Richard Adums 4i26r i 0 4 LESSOR: By: TOM qARTIN, MAYOR ATTEST: f) Ae..r-� Rebe ca Garza, City Secrctary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operation Officer Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney CARL C.RASMUSSEN TRUST VOL. 2854. PG. 153 PIP .O.B..rG FD. 3'i` PIPE 20'UTILITY ESMT. VOL. 466, PG. 417 88. 11'11" E 2219.79' '00 111 45.04 ACRES Z rpt CITY OF LUBBOCK y11 PARENT TRACT VOL. 2392. PG. 91 N 42° 44'48" W 242.60' �r �Q / �I t II y, N 0 N oN m� I� 1 � 1. m (� . 1 o -F- 0 0� ti O V� U VOL 889.PG 4231,1 u 8.00 AC. \•�`�i20'UTILITY 1i' ESMT „I VOL. 1055, PG. 540 1', PYCO /MDUSTRIES j 021307.45256 i I FD. 1" PIPE S.W. CORNER j SEC. 2, BILK. B Resolution No. 7// C. POWELL ADAMSVOL. 3852, PG. 29 FD: 4'*�4" 0 CONC. MON. h0 O A '0 a`ti �44 / O Q3 J�0 OF 6y 0 BEARINGS ARE BASED ON LAMBERT GRID, NAD83, TEXAS NORTH CENTRAL ZONE, WITH THE WEST LINE OF SECTION 2, BLOCK B AS BEING S 1" 46'50' W DISTANCES SHOWN ARE SURFACE VALUES. This survey and allinformotion hereon is for the exclusive use of CITY OF LUBBOCK and shall not be copied or used except for the purpose for which it is expressly furnished. This drawing and all copies (partial or complete) shall be returned to the owner upon demand. NO ATTEMPT HAS BEEN MADE AS A PART OF THIS BOUNDRY SURVEY TO OBTAIN OR SHOW DATA CONCERNING EXISTENCE, SIZE, DEPTH, CONDITION, CAPACITY, OR LOCATION OF ANY UTILITY OR MUNCiPAL/PUBLIC SERVICE FACILITY FOR INFORMATION REGARDING THESE UTILITIES OR FACILITIES, PLEASE CONTACT THE APPROPRIATE AGENCIES OR OTHER SURVEYS SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH OF EASEMENTS OF RECORD. ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE. OR ANY OTHER FACTS WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE N W ® E S SCALE: 1" • 400' PLAT DATE 2-24-10 A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS SURVEY PLAT. SURVEYED ON GROUND FEBRUARY 23 5-26,2010 2�2 GARY D WILSON REGISTERED PRO ESSIONAL LAND SURVEYOR" .--_ NO. 4239, STATE OF TEXAS ®F ' DATE 3_ / +o��•°� : �9► � 0M GARY A. IMLSON a00000.000000.0 •. t% 4239 PAGE 1 OF 3 PLAT OF SURVEY ON A 45.04 ACRE TRACT OF LAND OUT 0 THE S.W. I/4 OF SECTION 2, BLOCK I LUBBOCK COUNTY,TEXAS WILSON SURVEYING Co., INC Registered Professional Land Surveyors 3330 " Ofth rs806 i9247310Fo•Le06 792 i64y 79413 if 41 r 1 , . WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH LEGAL DESCRIPTION Page 2 of 3 Field notes on a 45.04 acre tract of land being out of all that part of the Southwest Ya of Section 2, Block B, Lubbock County, Texas, lying North of the Fort Worth & Denver South Plains Railway Company (currently the Burlington Northern & Santa Fe Railroad Company), said right of way being described in Volume 125, Page 390 and Volume 140, Page 281, Deed Records of Lubbock County, Texas and this 45.04 acre tract being more particularly described by metes and bounds as follows: Beginning at a 3/a" iron pipe found for the Northwest corner of said Southwest 1/4 of Section 2, Block B, and for the Northwest corner of this 45.04 acre tract, whence the Southwest corner of said Section 2, Block B, a found 1" iron pipe, bears South 1046'50" west, a distance of 2644.22 feet; Thence South 88011'11" East, along the North line of said Southwest 1/4, a distance of 2219.79 feet to a 4"x4" concrete monument, found on the Northwesterly right of way line of said B.N. & S.F. R.R. Co., for the Northeast corner of this 45.04 acre tract; Thence South 47011'29" West, along the Northwesterly right of way line of said B.N. & S.F. R.R. Co., a distance of 1391.42 feet to a 1/2" iron rod with cap, set for a corner of this 45.04 acre tract; Thence North 42048'31" West, along the right of way line of said B.N. & S.F. R.R. Co., a distance of 50.00 feet to a 1/2" iron rod with cap, set for a corner of this 45.04 acre tract; Thence South 47011'29" West, along the Northwesterly right of way line of said B.N. & S.F. R.R. Co., a distance of 1012.90 feet to a 1/2" iron rod with cap, set for the most Southerly corner of this 45.04 acre tract; Thence North 42046'02" West, a distance of 73.42 feet to a 1/2" iron rod with cap, set for a corner of this 45.04 acre tract; Thence North 11031'16" West, a distance of 439.27 feet to a 1/2" iron rod with cap, set for a corner of this 45.04 acre tract; Thence North 2304652" West, a distance of 347.02 feet to a 1/2" iron rod with cap, set for a corner of this 45.04 acre tract; Thence North 42044'48" West, a distance of 242.60 feet to a 1/2" iron rod with cap, set on the West line of said Section 2, Block B, for a corner of this 45.04 acre tract; Thence North 1046'50" East, along the West line of said Section 2, Block B, a distance of 687.73 feet to the point of beginning. Containing 45.04 acres of land. #37,025 (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA * UTAH Page 3of3 Notes: 1. Bearings are based on Lambert Grid, NAD83, Texas North Central Zone, with the West line of Section 2, Block B as being S 1046'50" W 2. Distances shown are surface values. 3. Surveyed on the ground February 23,25-26, 2010 4. A survey plat of even date herewith accompanies this legal description. OF r Gary D. Wil o Registered Professional Land SurveyOC, +,• ..naeee°eaaoe°e+e+. W,.RY �D.INILSON No. 4239 State of Texas 7 •• °eesaoseees•+••••' Date: Fb.#467 Pg.27-28 #37,025 (806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413