HomeMy WebLinkAboutResolution - 2020-R0066 - Cash Farm Lease With Patrick Middlebrook - 02/25/2020 r
Resolution No. 2020-R0066
Item No. 7.10
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 Patrick Middlebrook, of Shallowater,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:
Reb cca Garza, City Sec eta
APPROVED AS TO CONTENT:
L ood Franklin, P.E., vision Director of Public Works
Bolen Gomez, Right'-of-Way Agent
APPROVED AS TO FORM:
Rya rooe, AssistantCity Attorney
RES.Cash Farm Lease Agrmt-Patrick Middlebrook
2.7.20
Resolution No. 2020-R0066
CASH FARM LEASE AGREEMENT
THE STATE OF TEXAS 5
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 PATRICK MIDDLEBROOK, 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 Lubbock County, Texas are made subject to this Lease:
375 acre tract out of Section 1, Block P, 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 TWENTY-FIVE NO/100 DOLLARS ($25.00) per acre (dryland), in a form acceptable to Lessor.
The parties agree that the amount due at the inception of this Lease shall be NINE THOUSAND AND
THREE HUNDRED AND SEVENTY-FIVE AND NO/100 DOLLARS ($9,375.00) for the first year of
the Lease. Thereafter, the parties agree that NINE THOUSAND AND THREE HUNDRED AND
SEVENTY-FIVE AND NO/100 DOLLARS ($9,375.00) 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 fanner-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 firture 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 thein, 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 snake any
improvements, the Lessee shall be entitled to such reasonable amount of
compensation for damages suffered directly by hien 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,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.
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(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.
S. 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 tenninate 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. Notice of Pending. If the need arises for the Lessor to use the Leased land for any public
purpose, Lessor shall give the Lessee written notice to vacate the Leased land and Lessee shall have nine
(9) months to cease its operations and leave the Leased land. In such a case, Lessor shall not be liable to
Lessee for any crop damage.
8. 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 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.
3
9. Notice. All notices to be given under this agreement shall be given by certified mail or
registered snail, addressed to the proper party, at the following addresses:
LESSOR: LESSEE:
City of Lubbock Patrick Middlebrook
Attn: Right-of-Way Agent P.O. Box 581
P.O. Box 2000 Shallowater, Texas 79363
Lubbock, Texas 79457
10. 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.
11. Insurance. Farm/Ranch Owners' Liability Insurance. Lessee shall have Farrr/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.
12. 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.
LESSE LESSOR:
� �� B
By: y:
Patrick Middlebrook DANIEL M. POPE, MAYOR
P.O. Box 581
Shallowater, Texas 79363
ATTEST:
&9 Z&,,
Reb cca Garza, City Se ret y
4
APPROVED AS TO CONTENT:
/L,/Wood Franklin .E., Division Director of Public
orks
&-'0"�
Belen Gomez, Right-of-Way A
APPROVED AS TO FOR
Ry Bro e, A sistant City Attorney
Cash Farm►Lease Agrnit-Patrick Middlebrook
1.31.20
5
Exhibit A
Proposed Farm Lease in a Portion of
Section 1# Block P Containing; 375 Acres
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