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HomeMy WebLinkAboutResolution - 2002-R0090 - Lease Agreement - J.C. Billington - 03/14/2002Resolution No. 2002-R0090 March 14, 2002 Item No. 22 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 ATTEST: C -Q11 0.1 ��,C.C—eet Re ccaarza, City Secretary APPROVED AS TO CONTENT: Ed Bucy Right -of -Way Agent APPROVED AS F . Richard K. Casner Natural Resources Attorney RKC/ke/I/ccdocsB ill ingtonLease.Res February 21, 2002 14th day of March 2002. 6 WINDYI , MAY Resolution No. 2002-R0090 March 14, 2002 Item No. 22 LEASE This AGREEMENT OF LEASE made and entered into this 14th day of March , 2002, 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, subject to the terms hereof, including without limitation, Section 2.0, below, 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 depicted on Exhibit `B" (hereinafter called the "Lands"). TERM 1.0 The term of this Lease shall be from March 14th, 2002, to December 31, 2002, 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. RENT 2.0 For and during the term of this Lease, Lessee agrees to and shall plant and farm grain sorghum on all lands as directed by Lessor, and only on those lands as directed by Lessor, upon the Lands, and deliver to the Lessor, as rent, one-fifth (115) of all of the grain sorghum crop produced from the Lands immediately following harvest. All crop residues shall be the property of the Lessee. Government payments, if any, shall be apportioned between Lessor and Lessee on the percentage identical to that specified above. 2.1 The parties hereto further agree that Lessee shall not market or attempt to sell any portion of the production from the Lands which is properly the property of the Lessor pursuant to the provisions of paragraph 2.0. Lessor shall retain at all times the exclusive power and authority to market or otherwise dispose of its portion of the Land's production at such time and in such manner as it, in its sole discretion, deems appropriate. 2.2 Lessee hereby grants Lessor a security interest in the form of a landlord's lien, to secure the payment of all rent or other payments or obligations that may become due from Lessee to Lessor under this Lease, on all crops grown on the Lands, and all proceeds from their sale. 2.3 Lessee agrees to maintain, and to give to Lessor and to Lessor's authorized representative, the right to inspect, at all reasonable times, records on all matters relating to the Lands, in order to ascertain the amount payable as rent. Lessee shall specifically maintain a record of all of the following: A. Acres planted to grain sorghum; and B. Yield from harvest of grain sorghum. Farm Lease — J C Billington Page 2 of 8 SEED, CHEMICALS AND FERTILIZER 3.0 Lessee shall be responsible for purchasing the seed, 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 a grain sorghum crop on all lands directed by Lessor located on the herein leased Lands. Lessee shall be allowed to bale and remove the grain crop from the lands. All other uses of the Lands, including without limitation, the grazing of livestock, is expressly prohibited. INSURANCE 5.0 Lessee shall procure and carry, at his 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 Farm Lease — J C Billington Page 3 of 8 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. The 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 Lessor. 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 Farm Lease — J C Billington Page 4 of 8 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 Lessor shall have the right at any time, without liability of any kind or nature to Lessee, to prevent Lessee from occupying the Lands for reasonable periods of time while the Lessor 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 RELEASES THE CITY OF LUBBOCK AND THE CITY OF LUBBOCK'S ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES AND SHALL INDEMNIFY AND HOLD CITY OF LUBBOCK AND CITY OF LUBBOCK'S ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S Farm Lease — J C Billington Page 5 of 8 FEES, AS A RESULT OF, ARISING FROM OR RELATED TO THE CONDUCT OR MANAGEMENT OF LESSEE'S BUSINESS, LESSEE'S OCCUPATION OR USE OF THE LANDS, OR ANY OTHER MATTER RELATED TO LESSEE'S OPERATIONS UNDER THIS LEASE, OR FROM ANY ACT OR OMISSION OF ANY KIND OR TYPE BY LESSEE, LESSEE'S AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, GUESTS, OR INVITEES IN OR ABOUT THE LANDS OF THE CITY OF LUBBOCK, AND INCLUDING ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES CAUSED, IN WHOLE OR IN PART, BY THE SOLE, CONCURRENT AND/OR GROSS NEGLIGENCE OF ANY KIND, TYPE, DEGREE, OR NATURE OF THE CITY OF LUBBOCK, THE CITY OF LUBBOCK'S ELECTED OFFICIALS, AGENTS, OFFICERS, CONTRACTORS, GUESTS, INVITEES OR EMPLOYEES. IF ANY PROCEEDING IS BROUGHT AGAINST THE CITY OF LUBBOCK AND/OR THE CITY OF LUBBOCK'S ELECTED OFFICIALS, OFFICERS, AGENTS, OR EMPLOYEES, ARISING FROM OR RELATED TO ANY OF THESE CIRCUMSTANCES, LESSEE FURTHER AGREES TO DEFEND THE ACTION OR PROCEEDING WITH LEGAL COUNSEL ACCEPTABLE TO THE CITY OF LUBBOCK. 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. Farm Lease — J C Billington Page 6 of 8 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 Lessor 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 Lessee, at 225 Inler Avenue, Lubbock, Texas 79416, and become the owner of the growing crop at the time of the termination ; and (ii) exercise any rights or remedies available to it by law, equity, contract or otherwise. ENTIRE AGREEMENT 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. Farm Lease — J C Billington Page 7 of 8 EXECUTED AND EFFECTIVE this 14th day of March 2002. LESSOR: CITY OF LUBBOCK WINDY SIT ON, MAYOR ATTEST: Re ecca Garza., City Secretary APPROVED AS TO CONTENT: 41'�- 17' Ed Bucy, Right-of-Wa Agent Bill Townley, Captain Lubbock Police Department APPROVED AS TO FORM: Richard K. Casner, Natural Resources Attorney RKC: ke/cityatt/richardbillington-tease February 20, 2002 LESSEE: ? wo •Z w'.,C^sZ'4- Farm Lease — J C Billington Page 8 of 8 I Resolution No. 2002-ROO90 EXHIBIT "A" METES AND BOUNDS DESCRIPTION OF A 345.85 ACRE TRACT OF LAND IN SEC'T'ION 47 BLOCK P. AND SECTION 13 BLOCK D-6, LUBBOCK COUNTY, TEXAS BEING ALL. OF TIiAT 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 SEC'T'ION 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 7.17.3 FEET PASS A FOUND 1" IRON PIPE, IN ALL A DISTANCE OF 1746.5 FEET TO A W- IRON ROD WITH CAP SET AT THE NORTHEAST CORNER OF SAID 349.67 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S 0004'50" E, ALONG THE EAST LINE OF SAID 349.67 ACRE TRACT, A DISTANCE OF 8642.4 FEET TO A'/," IRON ROD WITH CAP SET IN THE NORTH RIGHT OF WAY LINE OF SAID HIGHWAY 114 FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTHWESTERLY, ALONG SAID RIGHT OF WAY LINE AND A CURVE TO THE LEFT HAVING'A RADIUS OF 11509.16 FEET, A CHORD BEARING OF N 88°34'30" W AND A CHORD DISTANCE OF 244.8 FEET TO A%" 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 SOUTHEAS i CORNER OF THAT 228.69 ACRE TRACT DESCRIBED IN VOLUME 4202 PAGE 181 OF SAID RECORDS; THENCE N 0°06'50" 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 OESCRIBED IN VOLUME 643 PAGE 431 OF SAID RECORDS BEARS WEST A DISTANCE OF 1.2 FEET, IN ALL A DISTANCE OF 8611.8 FEET TO THE NORTHEAST CORNER OF SAID 117 ACRE TRACT AND THE PLACE OF BEGINNING- 2p wn ""---- Resolution No 2002-R0090 Now I I / I Q / I / I / I / I / I , IEXC;L00E0 %400-&'1 F44 M C. iEA 5 r NOTICE OF PROPOSED RATE CHANGE (Cant.) C IMRFNT to TES Monthly base rate including A gallons Meter Size: Residential (5/8" or 3/4") $�_. 3Q 1" 5 1'r4" S 2" S 3" S Other S Gallonage charge: S_5Z- for each additional 1000 gallons over the mininwm Page PRO--POSFM gATE- Monthly base rate including (, 00D gallons Meter Size: Residential (5/8" or 3/4") 1" S 1 yz" 5 2" S 3" 5 Other S Gallonage charge: S_L_. for each additional 1000 gallons over the minimum Regulatory Assessment of I% is added to base rate and volume charges 1 Tap Fee S�, (, Reconnection Fee: -Non payment (Maximum $25.00) -Customef s mquest Transfer Fee S Z.S co Late charge Returned check charge S_,� Deposit (Maximum $50.00) $ Z5 00 RATEZM APP(Rev. 10095) Tap Fee Reconnection Foe: -Non payment (Maximum $25.00) -Customers request Transfer Fee Late charge Returned check charge Deposit (Maximum $50.00) • rI Page 115 of 17 r No Text