HomeMy WebLinkAboutResolution - 2020-R0065 - Cash Farm Lease Agreement - Dale Kitchens - 02/25/2020 Resolution No. 2020-R0065
Item No. 7.9
February 25, 2020
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 Dale Kitchens, of Slaton, Texas, and related documents. Said Lease 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 February 25, 2020
DANIEL M. POPE, MAYOR
ATTEST:
Retie kGarza, City Se reta
APPROVED AS TO CONTENT:
L! Wood Fran /n, E., Division Director of Public Works
Belen Gomez; Right-of-Way en
APPROVED AS TO FORM:
Ryas ro.91,
Assistant City Attorney
RES.Cash Farm Lease Agrmt-Dale Kitchens
2.7.20
Resolution No. 2020-R0065
CASH FARM LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Cash Farm Lease Agreement ("Lease") is entered into this 25th day of
February , 2020, by and between the CITY OF LUBBOCK, a Home Rule Municipal
Corporation, in Lubbock County, Texas, hereinafter called "Lessor", and DALE KITCHENS,
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, 2021, unless terminated earlier as provided in
this Lease. The following lands and premises located in Lynn County,Texas are made subject to
this Lease:
Approximately 40 acre tract out of the west half of Section 72, Block S, Lubbock
County,Texas, and more specifically described in Exhibit"A"attached hereto.
This Lease may be extended, by mutual agreement, 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 ten-n. Lessor shall have sole discretion to approve or deny Lessee's request. Lessor
may deny Lessee's request for any reason or convenience.
2. Rent. Upon final execution of this Lease, Lessee will pay rent to Lessor an
amount equal to TWENTY-ONE N0/100 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 AND FORTY AND N0/100 DOLLARS ($840.00) for the first year of
the Lease. Thereafter, the parties agree that EIGHT HUNDRED AND FORTY AND N0/100
DOLLARS ($840.00) shall be due on or before December 31, 2020, for the second year of the
Lease. All monies due, including rent,shall be payable to The City of Lubbock and mailed to:
Attn: Belen Gomez, Right-of-Way Agent
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 fanner
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, or in the event Lessor requires possession
or use of the premises for any purpose, 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,
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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 of the year the
damage is incurred or the portion of land rendered unusable, 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. Termination. Lessor may terminate this Lease, for any reason or convenience,
upon thirty (30) days written notice to Lessee. In the event this Lease is so terminated, 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.
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
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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: LESSEE:
City of Lubbock Dale Kitchens
Attn: Right-of-Way Agent 13806 CR 3100
P.O. Box 2000 Slaton,Texas 79364
Lubbock,Texas 79457
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.
11. Lessee Warranties. Lessee warrants that it is in compliance and will remain in
compliance with the following State law during the term of the Lease:
(a) The Lessee warrants that it complies with Chapter 2270, Subtitle F,Title 10 of
the Texas Government Code by verifying that:
1. The Lessee does not boycott Israel; and
2. The Lessee will not boycott Israel during the term of the Lease.
(b) Texas Senate Bill 252 prohibits the Lessor from entering into a contract with a
Lessee that is identified by The Comptroller as a company known to have
contracts with or provide supplies or service with Iran, Sudan or a foreign
terrorist organization.
LESSEE- LESSOR:
i
By: By:
dalb Kitchens DANIEL M. POPE, MAYOR
13806 CR 3100
Slaton,Texas 79364
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ATTEST:
Rebe ca Garza, City Secre ry
APPROVED AS TO CONTENT:
Wood Franklin, P 0, Division Director of
Public Works
_x&w�
Belen Gomez, Right-of-Way
APPROVED AS TO FORM:
Ryen YoWAsssisftant City Attorney
Cash Farm Lease Agrmt-Dale Kitchens
2.7.20
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