HomeMy WebLinkAboutResolution - 2001-R0318 - Lease With JC Billington - 08/30/2001f
Resolution No. 2001-RO318
August 30, 2001
Item No. 29
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 Lease between the City
of Lubbock and J.C. Billington, and any other related documents. Said Lease 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 this 30t o F Au st 20
WINDY SITTUN, MAYOR
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy
Right -of -Way Agent
2 41 �
Richard Burdine
Assistant City Manager
APPROVED AS T RM:
ichard Gasf&r
Natural Resources Attorney
RKC:cp L:1Cityatt\Richard & ccdocs/COL-Billington-Lease. Res
August 15, 2001
Resolution NO. 2001-RO318
August 30, 2001
Item No. 29
LEASE
This agreement of lease made and entered into this 3o r61 day of
4&� CGg 5-7 , 2001, by and between the City of Lubbock, a Texas home rule
municipal corporation, hereinafter called Lessor, and J. C. Billington, hereinafter called
Lessee.
In consideration of the mutual covenants and agreements herein set forth, and
other good and valuable consideration, the receipt and sufficiency of which is herein
acknowledged, Lessor does hereby demise and lease to Lessee, and Lessee does hereby
lease from Lessor, the premises situated in Lubbock County, Texas and more particularly
described on Exhibit "A" attached hereto, LESS AND EXCEPT those lands occupied
and/or utilized by Lessor located in southern portion of the lands described on Exhibit
"A" (hereinafter called the "Lands")
TERM
1.0 The term of this Lease shall be from AU6v3% 3 0 , 2001 to
December 31, 2001, both dates inclusive, unless sooner terminated as herein provided.
1.1 Lessor retains the right at any time during the term hereof to cancel this
Lease by giving fifteen (15) days written notice to Lessee, at 225 Inler Avenue, Lubbock,
Texas 79416. Such notice shall be effective when posted in the United States Mail,
postage paid. Lessor shall be liable to Lessee upon such cancellation solely for the value
of Lessee's crops currently on the Lands at such time.
OWNERSHIP OF RESIDUE CROP
2.0 Lessor shall retain ownership of all crop residues on the Lands.
SEED, CHEMICALS AND FERTILIZER
3.0 Lessor shall be responsible for purchasing the grain sorghum seed to be
planted by Lessee on the Lands, up to and limited to five hundred and no/100 dollars
($500.00). Lessee shall be responsible for the purchase of any chemicals and fertilizer
and the application of said fertilizer and chemicals to be used on the Lands.
USAGE OF LANDS
4.0 For and during the term of this Lease, Lessee agrees to and shall plant
grain sorghum on all lands directed by Lessor located on the herein leased Lands. All
other uses of the Lands, including without limitation, the grazing of livestock, is
expressly prohibited. All crop residues shall be the sole and exclusive property of the
Lessor. No consideration, other than removing the weeds on the Lands, is payable to
Lessor.
INSURANCE
5.0 Lessee shall procure and carry, at its sole cost and expense through the life
of this Lease, insurance protection as hereinafter specified, in form and substance
satisfactory to Lessor, carried with an insurance company authorized to transact business
in the State of Texas, covering all aspects and risks of loss of all operations in connection
with this Lease, whether performed by the Lessee, permitted subcontractor, assignee,
sublessee or other third party. A Certificate of Insurance specifying each and all
coverages and a true and correct copy of each of the policies required herein shall be
submitted to Lessor prior to execution of this Lease. Further, Lessee shall provide to
Lessor proof of the below -described insurance on or before fourteen (14) days prior to the
expiration date of each expiring policy, and cause each such policy to require the insurer
to (i) give notice to the Lessor, as specified herein, of termination of any such policy sixty
(60) days before such termination is to be effective; and (ii) contain a waiver of any and
all of the insurer's rights to subrogation that any such insurer or insurers may acquire by
virtue of payment of any loss under such insurance.
A. Farm General Liability Insurance. Lessee shall have Farm General
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.
B. Comprehensive Automobile Liability Insurance. The Lessee shall have
Comprehensive Automobile Liability Insurance, with limits of not less
than bodily injury/ property damage $500,000 combined single limit, to
include all owned and nonowned vehicles, including employer's
nonownership liability hired and nonowned vehicles. The required
Automobile Liability Insurance shall include coverage for
environmentally related bodily injury and property damage. The Lessor
shall be named as an additional insured in such policy.
The Lessee shall contractually require each person with whom it contracts, if permitted,
to provide activities as contemplated by this Lease to provide insurance coverage as set
forth herein, and to provide to Lessee and Lessor, prior to such person performing any
such activities, a Certificate of Coverage establishing such coverage.
CULTIVATION
6.0 Lessee agrees and covenants to cultivate the Lands during the term hereof
in an efficient manner and to employ all modern methods of farming as are customarily
practiced in the area.
IMPROVEMENTS
7.0 Lessee shall not make any alterations, additions, or improvements to the
Lands without the prior written consent of Lessors.
7.1 All permitted alterations, additions, or improvements made by Lessee
shall become the property of Lessor at the termination of this Lease, if Lessor so elects.
In the event Lessor shall elect to not own such improvements, Lessee shall promptly
remove all alterations, additions, and improvements and any other property placed on the
Lands by Lessee, and Lessee shall repair any damage caused by such removal.
RIGHT TO ENTER
8.0 Lessor or their authorized representative shall have the right, at any time,
to enter on the Lands for any purpose as they shall deem necessary or advisable.
8.1 Lessee shall have the right at any time, without liability of any kind or
nature to Lessor, to prevent Lessor from occupying the Lands for reasonable periods of
time while the City operates the adjacent firing range. Lessee shall immediately vacate
the Lands upon notice by Lessor. Such notice is effective (i) immediately when given in
person to Lessee or by phone to Lessee at (806) 799-3252; or (ii) four (4) days after
posted in the U. S. Mail to the address provided in Section 1.1.
NO PARTNERSHIP
9.0 This Lease shall not give rise to a partnership relation between the parties
hereto. Neither party shall have the authority to bind the other without their written
consent.
INDEMNIFICATION
10.0 Lessee agrees and covenants to indemnify and hold Lessor harmless
against any and all claims, demands, damages, costs and expenses, including reasonable
attorneys' fees for defense thereof, arising from or related to Lessee's operations
hereunder, including those matters related to or arising from the conduct or management
of Lessee's business or his use of the Lands, or from any negligent act or omission by
Lessee, his agents, servants, employees, contractors, guest, or invitees on or about the
Lands. In the event that any action or proceeding is brought against Lessor by reason of
any of the above, Lessee further agrees and covenants to defend the action or proceeding
by legal counsel acceptable to Lessor.
NO ASSIGNMENT OR SUBLEASE
11.0 Lessee may not assign this Lease, nor sublease any portion of the Lands
leased hereunder without the prior written consent of Lessor.
UTILITY CHARGES
12.0 Lessee shall pay all utility charges, if any, for electricity, heat, water, fuel
and power used in and about the Lands, to be paid before the same becomes delinquent.
BREACH
13.0 If Lessor shall fail to carry out or perform any provision of this Lease,
Lessee shall have the right, as its sole and exclusive remedy, to terminate this Lease, on
ten (10) days written notice of intention to cancel the Lease mailed to the Lessee, to the
City Manager, P. O. Box 2000, Lubbock, Texas 79457. If Lessee shall fail to carry out or
perform any provision of this Lease, Lessor may (i) terminate this Lease upon ten (10)
days written notice to Lessor, at 225 Inler Avenue, Lubbock, Texas 79416; and (ii)
exercise any rights or remedies available to it by law, equity, contract or otherwise.
ENTIRE AGREEMENT — ADDENDUM
14.0 This Lease shall constitute the entire understanding of the parties hereto
with respect to the subject matter hereof, and no amendment, modification or alteration of
the terms hereof shall be binding unless the same be in writing, dated subsequent to the
date hereof, and duly executed by the parties hereto.
IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this
Lease as of the day and year first above written.
EXECUTED this 30thday of Aug, 2001, but effective for all purposes as of
August 30, 2001
LESSOR:
ATTEST:
cp.'� m;-,, —
Rebecca Garza, City Secreta
APPROVED AS TO CONTENT:
LESSEE:
Ed Bucy, ght-of-Way Agent
Bill Townley, Captain, Lubbock Police I#artment
APPROVED AS TO FORM:
Richard K. Casner, Natural Resources Attorney
RKC:da/cityatt/richard/lease-billinton
July 17, 2001
No Text
Resolution No. 2001-RO318
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION OF A 345.85 ACRE TRACT OF LAND IN SECTION 47 BLOCK P. AND
SECTION 13 BLOCK D-6, LUBBOCK COUNTY, TEXAS BEING ALL OF THAT 349.67 ACRE TRACT DESCRIBED
IN VOLUME 1379 PAGE 113 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS LYING NORTH OF
STATE HIGHWAY 114 AS DESCRIBED IN VOLUME 1442 PAGE 592 OF SAID RECORDS AND FURTHER
DESCRIBED AS FOLLOWS:
BEGINNING AT A %" IRON ROD WITH CAP SET AT THE NORTHWEST CORNER OF SAID 349.67 ACRE
TRACT IN THE NORTH LINE OF SAID SECTION 47 AND THE CENTERLINE OF A COUNTY ROAD 6500 FOR
THE NORTHWEST CORNER OF THIS TRACT FROM WHENCE THE NORTHWEST CORNER OF SAID SECTION
47 AS HELD ON THE GROUND BEARS S 89054'00" W A DISTANCE OF 1750.35 FEET;
THENCE N 89054'00" E, ALONG SAID CENTERLINE AND SAID SECTION LINE, AT A DISTANCE OF 747.3
FEET PASS A FOUND I" IRON PIPE, IN ALL A DISTANCE OF 1746.5 FEET TO A''/z"IRON ROD WITH CAP SET
AT THE NORTHEAST CORNER OF SAID 349.67 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS
TRACT;
THENCE S 0006'50" E, ALONG THE EAST LINE OF SAID 349.67 ACRE TRACT, A DISTANCE OF 8642.4 FEET
TO A ''/i" IRON ROD WITH CAP SET IN THE NORTH RIGHT OF WAY LINE OF SAID HIGHWAY 114 FOR THE
SOUTHEAST CORNER OF THIS TRACT; I
,
THENCE NORTHWFSTERI-Y, ALONG SAID RIGHT OF WAY LINE AND A CURVE TO THE LEFT HAVING A
RADIUS OF 11509.16 FEET, A CHORD BEARING OF N 88034'30" W AND A CHORD DISTANCE OF 244.8 FEET
TO A ''/i" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT;
THENCE N 89°11'00" W, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1502.0 FEET TO A 5/8" IRON
ROD FOUND AT THE SOUTHEAST CORNER OF THAT 22869 ACRE TRACT DESCRIBED IN VOLUME 4202
PAGE 181 OF SAID RECORDS;
THENCE N 0006'50" W, ALONG THE WEST LINE OF SAID 349.67 ACRE TRACT, AT A DISTANCE OF 5701.0
FEET PASS THE NORTHEAST CORNER OF SAID 228.69 ACRE TRACT FROM WHENCE THE SOUTHEAST
CORNER OF THAT 117 ACBE TRACT DESCRIBED IN VOLUME 643 PAGE 431 OF SAID RECORDS BEARS
WEST A DISTANCE OF 1.2 FEI T, IN ALL A DISTANCE OF 8611.8 FEET TO THE NORTHEAST CORNER OF
SAID 117 ACRE TRACT AND THE PLACE OF BEGINNING.,
SAVE AND EXCEPT THE SOUTHERN PORTION OF THE ABOVE REFERENCED TRACT OF LAND WHERE
THE GUN RANGE FACILITIES AND POLICE DEPARTMENT OBSTACLE COURSE IS LOCATED.
No Text