HomeMy WebLinkAboutResolution - 2014-R0434 - Lease Agreement - Travis Lancaster - 12/18/2014 (2)Resolution No. 2014-RO434
Item No. 6.10
December 18, 2014
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 Travis Lancaster, and related documents. Said
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 December 18, 2014
,.r . ROBERTSON, O.
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS CONTENT:
rJr` i/
Ke th ith, P.E., Director of Public Works
22., r� ----
Dave Booher, Right -of -Way Agent
APPROVE AS TO FORM:
Z
Chad Weaver, Assistant City Attorney
RES.Agrmt-Travis Lancaster
10.29. 2014
Resolution No. 2014-RO434 Contract # 121 1'
CASH FARM LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Cash Farm Lease Agreement ("Lease") is entered into this 1 Rtb day of
December , 2014, by and between the CITY OF LUBBOCK, a Home Rule Municipal
Corporation, in Lubbock County, Texas, hereinafter called "Lessor", and Travis Lancaster,
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, 2016, unless terminated earlier as provided in
this Lease. The following lands and premises located in Garza County, Texas are made subject
to this Lease:
Approximately 4.82 acre tract out of Section 1259, J.H. Gibson Survey, Garza County
School Land, Garza County, Texas, and more specifically described in Exhibit "A"
attached hereto.
2. Rent. Consideration for this lease shall be the Lessee's obligation to farm and
cultivate the property described above and the benefit to the City of Lessee's activities on the
property as set forth herein.
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 farmer
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 Engineer of City of Lubbock, or his 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, 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, 2015, 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 Garza 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. Notice of Pending Construction/Termination. If the need arises for the Lessor
to use the Leased land for construction of a pump station or any other 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.
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
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 Travis Lancaster
Attn: Property Manager 1005 West Garza
P O Box 2000 Slaton, Texas 79364
Lubbock, Texas 79457
3
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. The CITY OF LUBBOCK reserves the right to exercise any right or remedy
available to it by law, contract, equity, or otherwise, included without limitation, the right to seek
any and all forms of relief in a court of competent jurisdiction. Further, the CITY OF
LUBBOCK shall not be subject to any arbitration process prior to exercising its unrestricted right
to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and
may be exercised concurrently. To extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
LESSEE:
By:Xao—
Travis Lancaster
1005 West Garza
Slaton, Texas 79364
Chad/Cash Farm Lease Agrmnt-Travis Lancaster
12.1.2014
4
LESSOR:
By: 6�
— - -
G , C. BERTSON, MAYOR
ATTEST:
Rebeca Garza, City Secretary
/AROVLEDS TO CONTE T:
r
Xe'Smith, Director of Public Works
B'.� 13"1,
Dave Booher, Right -of -Way Agent
APP AS O FORM:
Chad Weaver, City Attorney
PLAT OF SURVEY
ON
A 4.82 ACRE TRACT AND 4.02 ACRE TRACT
OUT OF SECTION 1259, J.H. GIBSON SURVEY AND
GARZA COUNTY, TEXAS
ESIAT. P.O.B. CO
FF�.M THIS PT THE `.\
N, W C�R. SEC 1259
8PS. N 88' 0 1'4 4 ' W
r I \N
4 ) 0' & N 58'46" E
1000 56' I I
i
P.O.e.
FROM THIS PT. THE I
N W COR SEC. 1259
8RS N 88'01'44" W
I
40 0' 6 N 1. 58'46" E
1100.56'
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Owner
Joe Salley Thaxton, Jr.
Vol. 334 Pg. 142
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------S 88•C"44" E
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5 88.OT44" E
330.0' 1
4.02 Ac. 1
TEMPORARY 1
CONST. ESMT.
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P.P. 1.2' ON PROPERTY 3Co
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4.82 Ac.
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OF CORNER I
EXHIBIT 'A'
PAGE 1 OF 3
Deed Ca11100 Ac
Owner: Jimmy Mack Lancaster
Vol. 171 Pg. 345
1259
J.H. GIBSON
. POST
----35A9t------�e6�-- I 5' 20'Wde
�OHE 2.1'
iTPEO Deed Call 100 Ac
Deed Call 1Owner: Arthur Smallwood
Vol.
PI.40 Pg 6 6117 Vol. 251 Pg. 1041
A legal description of even survey date her
accomponles this survey plot.
Su
.+{yyed on the gr_qwm<arWmber 3. 2008
P.eglatered(grofessional! and Surveyor
Cate z -
Pllnlorthing5 Ord Listings shown are pr- ect coordirotes
and may be corverted to Texas State Plane Coordinates,
Nicirth Central Zone, NA083 by dtviaang by , surface
adjustment fcctor of 10002396 14
Atldlstonres shown ore surface distances ru
Bearings shUwn are grid bearings based on the Texas
State Plone Coordinate System, North Cental Zane, FA
NAL83 Datun.
111 -Set ''/2" Rod W Cap
1' • 200'
CITY OF
RDW
MAR TIN
t2-3-
HW"IC
This ;ur ,.Y and atl.nlormahon hereon 4 lot the !.cws,ve use a( yW1rcPy UQ ` 1S l`►O1lVIIO[ eM
CITY OF LUBBOCK 14i ffa1�,LM1 • 1�7 71r•►�sMywb
aria sh.tA,,ol be taped or used escepl lot hie piepose for which =s no V- UE 702 - uM7C111. Tz• "du
l -s e■pressir turnished this drawing and adcopes 1porbahar 1tlttttf17=-=Q -rm tom M•ad#
c7mplelel snoAbe returned to the owner upon demand.
*K
EXH2ert "A"
Page 2 of 3
acre tract of land out of Section 1259, 3.H. Gibson Survey, Garza County, Texas and being more
notes and bounds as follows:
rod with cap, set on the existing East right of way line of F.M. 2106, fbr the Northwest and beginning
ict, whence the Northwest comer of Section 1259 bears North 88.01'44" West, 40.00 feet and North
let;
East, a distance of 350.00 feet to a 19' Iron rod with cap, set for the Northeast corner of this 4.132
West, a distance of 600.00 feet to a 116' Iron rod with cap, set for the Southeast corner of this 4.82
Most, a distance of 350.00 feet to a Ih' Iron rod with cap, set on the existing East right of way line of
1st comer of this 4.82 acre tract;
:ast, along the existing East right of way line of F.M. 2106, a distance of 600.00 feet to the paint of
if land.
MON EASEMENT
xe tract of land out of Section 1259, J.N. Gibson Survey, Garza County, Texas and being more
etas and bounds as follows:
od with cap, set on the existing East right of way line of F.M. 2016, for the Northwest comer of this
Northwest corner of Section 1259 bears North 88'01'44' West, a distance of 40.00 feet and North
)f 1000.56 feet;
ast, a distance of 550.00 feet to a y2' Iron rod with cap, set for the Northeast comer of this 4.02
lest, a distance of 700.00 het to a K' Iron rod with cap, set for the Southeast corner of this 4.02
'est, a distance of 200.00 feet to a V2" Iron rod with cap, set for the Southeast corner of a 4.82 acre
corner of this 4.02 acre tract;
rst, along the East line of a 4.82 acre tract, a distance of 600.00 feet to a 55" Iron rod with cap, set
i 4.82 acre tract and for a comer of this 4.02 acre tract;
est, along the North line of said 4.82 acre tract of land, a distance of 350.00 feet to a YY Iron rod
est comer of said 4.82 acre tract and a corner of this 4.02 acre tract;
st, along the existing East right of way line of F.M. 2106, a distance of 100.00 feet to the point of
land.
HIGH-TECH LAND AND GPS SUR PFYORS, IVC.
3330 70th St., Suite 202 - Lubbock, Texas 79413
(806) 788-0020 - Fax (806) 792-1646
EXHIBIT 'A'
Page 3 of 3
NOTES:
A survey plat of even survey date herewith accompanies this legal desalption.
Surveyed on the ground December 3, 2008.
All distances are surface distances.
Bearings are grid bearings based on the Texas State Plane Coordinate System, North Central Zone, NAD83 Datum, U.S. Survey
Feet.
1
RE SSIONAL LAND SURVEYOR
DATE: ^1r7—lyd��
Aump3.doc
HIGH-TECH LA,YD AND GPS SURVEYORS, INC.
3330 70th St., Suite 202 - Lubbock Texas 79413
(806) 788-0020 - Fax (806) 792-1646
#35,760