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HomeMy WebLinkAboutResolution - 384 - Rental Contract - James Mcmenamy - Farmland, 2 Tracts In Block A - 01_10_1980RESOLUTION #384 - 1/10/80 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 Rental Contract between the City of Lubbock as Lessor and James McMenamy as Lessee, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of January ,1980. ATTEST: Lv lyn Gaff a;'` -City Se et ry reasurer -' APPROVED -AS -T0' CONTENT: PP Denzel Pe cifull, 4r. of Public Services APPROVED AS TO FORM: Donald G. Vandiver,•Asst. City Attorney RESOLUTION #384 - 1/10/80 RENTAL CONTRACT THE STATE OF TEXAS X COUNTY OF LUBBOCK X THIS AGREEMENT entered into this lst day of January, 1980, between the CITY OF LUBBOCK, a Home Rule Municipal Corporation, in Lubbock County, Texas, hereinafter called Lessor, and JAMES MCMENAMY, hereinafter called Lessee. WITNESSETH: 1. Upon the terms and conditionsherein contained, Lessor hereby leases to Lessee for the one crop season year beginning on January 1, 1980, and ending not later than December 31, 1980, the following lands and premises in Lubbock County, Texas, to -wit: TRACT A: All of that portion of the Southeast one quarter of Section 5, Block A, Lubbock County, which lies South of Loop 289, containing 92.0 acres more or less. TRACT B: A portion of the East one half of Section 33, Block A, Lubbock County, adjacent to the City Sanitary Landfill Site, containing 45 acres more or less. 2. (a) Lessee agrees 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) Lessee agrees to raise wheat during the winter and fallow the land during the summer months. (c) It is further agreed that as :the crops are gathered from any of said land during this lease, Lessee will surrender possession of such portions thereof, so that Lessor or any future. tenant may enter upon said land and pre- pare it for cultivation for the following year; and that 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, and any crops growing on said premises in violation of this provision shall revert to Lessor as its absolute property, together with any plowing or work done by Lessee without the written consent of Lessor as above provided. 3. Lessee agrees to pay Lessor twenty-five percent (25%) of all small grain crops raised. In addition, the Lessee shall pay to Lessor thirty-three and one third percent (33-1/3%) of all payments for small grain crops received from the United States Government. All rents are due and payable immediately upon receipt of same by Lessee. All monies due to the Lessor are payable at City Hall, Room 207, Lubbock, Texas. 4. Lessee agrees to harvest and conserve Lessor's share of the crops in a farmer -like manner; to head, gather, and deliver all mature maize, hegard, kaffir, and similar grain sorghums, and corn, to Lessor at a place designated by Lessor's City Manager; all immature crops of maize, kaffir, hegarl, corn, oats, and other crops cut and bound but not to be threshed, to be stacked in a farmer -like manner on the premises unless Lessor agrees to take delivery of all or part of such bundled crops in shocks in the field, to harvest wheat and other small grain crops, bear all expenses incident thereto and deliver same to elevator or store -houses designated by Lessor in the nearest town or shipping point on the railroad, free of all charges, and deliver proper receipts there- fore in the name of Lessor to Lessor or its agent.. 5. Lessee agrees and covenants to keep all fences, windmills, buildings, wells, and other improvements in as good condition as they are in at the time of entry, the usual wear and tear and injury or damages by fire not the result of the negligence of Lessee or his agents and the elements or act of God excepted. And if the buildings be destroyed or so damaged that they cannot be repaired except by substantially rebuild` them Lessor shall be under no obligation to rebuild or repair said buildi gs. No alterations in the buildings or improvements shall be made and no substantiontrary al improvements shall be placed on the premises by Lessee without the written cosent of the Lessor, it being agreed that any improve- ments placed on the premises hereto shall become the property of Lessor and shall not be removed by Lessee, in whole or in part. 6. Lessor reserves the fight to go upon said premises at any time and to survey, lay off contour lines, build terraces, and drill wells, construct and maintain water and other utility lines, and to make any improvements it sees fit. It is agreed and unders ood that should Lessor enter upon said premises and make any improvements, th Lessee shall be entitled to a reasonable amount of compensation for expenses incurred by him resulting from such action by the Lessor. 7. Should Lessee fail or the crops on said land, Lessor and hire sufficient labor for to Lessor out of the portion o not sublet said premises, or a Lessor, and should Lessee aban any part of the crops before t in all said crops shall be imm have the right to enter upon a same in any manner that may to 8. Lessee agrees to give termination of this lease in a permit, it being the absolute upon the date above determined under his lease, or claim any unless agreed to in writing an ment to abrogate the terms of refuse to properly tend, cultivate, and harvest shall have the right to enter upon said land hat purpose, the cost of which shall be repaid the crops belonging to Lessee. Lessee shall y part thereof, without the written consent of on said premises, or sell or attempt to sell ey are matured or harvested, all of his interest diately forfeited to Lessor, and Lessor shall d take possession of said premises, and handle it seem right and proper. peaceable possession of said property at the good condition as reasonable use and wear will ntention of this lease that the same shall -expire and that Lessee shall not attempt to hold over enewal, extension or continuance of this lease, signed by the parties hereto, and no verbal agree - his cause shall be binding or admissible in evidence. 9. In case of sale of sad premises during the occupancy of Lessee here- under and purchaser desires po session, Lessee agrees to surrender the same at once upon receipt by him of the actual present value of the growing crops, and the refund of the pro rata part of the cash payment for grass land, if any, according to calendar year that has passed, the value to be determined by three disinterested parties, one to be selected by Lessor, one by Lessee and the two to choose a third, and their decision as to value shall be binding. 10. If the land covered by this contract be occupied by any one other than Lessee at the time he is entitled hereunder to enter, and said occupant refuses to deliver possession, then Lessor will use diligence to obtain posses- sion as soon as same can be done, but if Lessor be delayed or defeated in gaining possession, Lessor shall not be liable to Lessee for any damages occasioned by such delay or failure to gain possession. 11. Lessee covenants and agrees that Lessee will not waste the lands hereby leased by dumping trash, debris, junk, or any foreign substance thereon or suffer, permit, allow, or cause the same to be done. 12. It is understood that this lease is made subject to all existing easements and all rights under mineral deeds and leases heretofore granted or assigped_, and recorded in the records of said County and subject to the right of Lessor to develop and explore for oil and gas and other minerals on said lands in the exercise of said rights, being therein expressly reserved to Lessor, its agents, successors, and assigns. 13. It is understood and agreed that any time after thirty (30) days written notice to Lessee, Lessor may enter into and upon the said premises or any part thereof and may repossess the same as its former estate 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 for expenses incurred by him to the date of repossession by Lessor. 14. It is understood that this lease applies only to land in cultivation and does not apply to land in grass and subject to grazing. All such grass land will be leased as such bf separate contract. 15. Except as otherwise provided herein, this contract and all rights, claims, and demands created thereby or resulting therefrom shall be performed at the City Hall of Lubbock, Texas. This contract shall not be binding until approved by the City Council of the City of Lubbock. 16. Lessor is not to contribute in any way to the cost or control of insects or defoliation and Lessee agrees to hold Lessor harmless from all claims or causes of action that might arise as the result of defoliation or control of insects. LESSOR: LESSEE: D I RK WEST, `MAYOR ATTEST: Evelyn Gaf ga, City Secret -Treasurer APPROVED AS TO CONTENT: �e� e e?c* �p Denzel Percifull, Diry of Public Services APPROVED AS TO FORM: 7 Lr�n Donald G. Vandiver, Asst. City Attorney