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Home My WebLink AboutResolution - 2012-R0111 - Cash Farm Lease - Travis Lancaster - 03/29/2012Resolution No. 2012—RO111 March 29, 2012 Item No. 5.5 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 March 29, 2012 TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPRO'4'ED AS `1'O CONTENT: MO AA Marsha Reed, P.E., Chief Operating Officer Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Agreement-Travis Lancaster February 2, 2012 Resolution No. 2012-RO111 Contract # 10698 CASH FARM LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK § This Cash Farm Lease Agreement ("Lease") is entered into this 29th day of March , 2012, 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, 2014, 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, 2014, 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. PA (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. b. 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 <fialI give the Lessee written notice to vacate the Leased land and Lessee shall have nine (9) rrionths 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 a Box 2000 Slaton, Texas 79364 Lubbock, Texas 79457 9 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. LESSEE: By: A4714 ed -CU r is Lancaster' 1005 West Garza Slaton, Texas 79364 Chad/Cash Farm Lease Agrmnt-Travis Lancaster February 2, 2012 0 LESSOR:" TOM MARTIN, MAYOR ATTEST: Rebecca Garza, City Secreta APPROVED AS TO CONTENT: �,( , 00(4 Marsha Reed, P.E., Chief Operation Officer Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney ' Resolution No. 2012–R0111 PLAT OF SURVEY ON EXHIBIT 'A' A 4.82 ACRE TRACT AND 4.02 ACRE TRACT PAGE 110E 3 OUT OF SECTION 1259, J.H. GIBSON SURVEY ANC, GARZA COUNTY, TEXAS ESMT. P.O.B. FROM THIS PT THE M 'W COR. SEC 1259 ERS. N 88' 01'44 ' W 430'& N 1.58' 46" E 1CO0 50'1 1 \ HE I.s' 5 88'C11'44" E f I ----------- S ------- S 88' 01"44" E 350.0' I LL 4.02 Ac. TEMPORARY 1 CONST. ESMT. PP P.O.B. FPOM THIS PT, THE N.W. CoR. SEC. 1259 ERS. N 88'07'44" W 40.0'& N 1. 58'46" E 11010.56' A legal description of even survey date her accompanies this survey plat. Sy {gyed an the grycdmber 3, 2008 Regis tered(grofessionalLord Surveyor Date Z – i -Set I/z" Rod W/Cop Aill`lorthings and Eastings shown are protect caordirctes and may be corverted to Texas Stcte Plcne Coordinates, North Certral ;one, NAG83 by dividing by c surface SCALE: t'- 20G" REVISION: adlustMent fcctor cf 10002396 Alldistances shown are surface distances. CLIENT` CITY OF LUEBCCK DRAWN BY: 8 BURROW SSearin s shown are grid bearings based an the Texas SURVEYED BY:J.M. MARTIN State lone Coordinate Systern, North Central Zone, FILE: PumP3.d r NA083 datum. N W E S AT DATE: 72-3-08 I SURVEY DATE: 12 -3 - FIELD BOOK: NO. _35,760 I SHEET 10 This Sur r!y and ON onformalion hereon zs for the a+clusive use of t[ ` �!► Ib[ aQl�� iM CITY OF LUBBOCK 1` 6f 1 1�7 �neti w4 ono shUUriol be Copied or used except for iiie purpose for which i= mi'sT-9jrr( 2w `{m=• ri' 724'3 it I fwpr;ssly burnished this Qrowirg and offcopies fparlsodor 7M -0=•r" WIM3722-646 carnpletel shollbe returned to the owner upon remand. I Deed Call100 Ac. urOwner Jimmy Mack Lancaster • ;1 P.P.2'ON PROPERTY e ' I� Vol. 171 Pg. 345 Q � Owner. 3I1 Iv - p I_ C071� ?IlaVol. Joe Bailey Tha%tan, Jr. did to G 4.82 AC. O iii 334 Pg, 142 13�� C� Iul z 1273 ia,� I 1259 E.L. & FR. R. �� J.H. GIBSGN 0 01a I OS7 10.2RNORTH ff OF 1 3 i POST VV__—_356.$ --- --�6@'--- I Turnrow '-20' Wide 3 N 8$' 01' " W N 88' 01' 4 4" W 6i 0 HE 2.1' 7PEO o j ° peed Col! t Ac. Deed Call 100 Ac. Vol. 40 Pg, 617 Owner Arthur Smallwood P.P. Vol. 251 Pg. 1041 A legal description of even survey date her accompanies this survey plat. Sy {gyed an the grycdmber 3, 2008 Regis tered(grofessionalLord Surveyor Date Z – i -Set I/z" Rod W/Cop Aill`lorthings and Eastings shown are protect caordirctes and may be corverted to Texas Stcte Plcne Coordinates, North Certral ;one, NAG83 by dividing by c surface SCALE: t'- 20G" REVISION: adlustMent fcctor cf 10002396 Alldistances shown are surface distances. CLIENT` CITY OF LUEBCCK DRAWN BY: 8 BURROW SSearin s shown are grid bearings based an the Texas SURVEYED BY:J.M. MARTIN State lone Coordinate Systern, North Central Zone, FILE: PumP3.d r NA083 datum. N W E S AT DATE: 72-3-08 I SURVEY DATE: 12 -3 - FIELD BOOK: NO. _35,760 I SHEET 10 This Sur r!y and ON onformalion hereon zs for the a+clusive use of t[ ` �!► Ib[ aQl�� iM CITY OF LUBBOCK 1` 6f 1 1�7 �neti w4 ono shUUriol be Copied or used except for iiie purpose for which i= mi'sT-9jrr( 2w `{m=• ri' 724'3 it I fwpr;ssly burnished this Qrowirg and offcopies fparlsodor 7M -0=•r" WIM3722-646 carnpletel shollbe returned to the owner upon remand. ��,1:� Resolution No. 2012—RO111 EXHISiT "A" page 2 of 3 tcre tract of land out of Section 1259, J.H. Gibson Survey, Garza County, Texas and being rnore fetes and bounds as follows: rod with cap, set on the existing East right of way line of F.M. 2106, for the Northwest and beginning ict, whence the Northwest corner of Section 1259 bears North 88.01'44" West, 40.00 feet and North !et; East, a distance of 350.00 feet to a Yz' iron rod with cap, set for the Northeast corner of this 4.82 West, a distance of 600.00 feet to a Ys' iron rod with cap, set for the Southeast corner of this 4.82 Nest, a distance of 350.00 feet to a Yz' Iron rod with cap, set on the existing East right of way line of !st 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 point of )f land. "ION EASEMENT :re tract of land out of Section 1259, J.H. Gibson Survey, Garza County, Texas and being more etes and bounds as follows: ad 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 llz' iron rod with cap, set for the Northeast comer of this 4.02 lest, a distance of 700.00 feet to a Vi' iron rod with cap, set for the Southeast corner of this 4.02 est, a distance of 200.00 feet to a W iron rod with cap, set for the Southeast corner of a 4.82 acre corner of this 4.02 acre tract; ist, along the East line of a 4.82 acre tract, a distance of 600.00 feet to a Y-1' Iron rod with cap, set 4.82 acre tract and For a corner 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 Ys' iron rod !st corner 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 Y-EMORS, LVC. 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 description. Surveyed on the ground december 3, 2006. All distances are surface distances. Bearings are grid bearings based an the Texas State Plane Coordinate System, North Central Zane, NAD83 Datum, U.S. Survey Feet. -ddbkk.- RESSIONAL LAND SURVEYOR DATE: 11 -1 -45 -OE) AumpIdoc HIGH-TECH LA:VD AAD GPS SUR INC 3330 70th St., Suite 202 • Lubbock, Texas 79413 (806) 788-0020 • Fax (806) 792-1646 #35,76C