HomeMy WebLinkAboutResolution - 2009-R0115 - Cash Farm Lease Agreement - Gary Schaffner - 03/23/2009Resolution No. 2009-RO115
Mare 23, 2009
Item No. 5.18
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
ected to execute for and on behalf of the City of Lubbock, a Cash Farm Lease
;regiment, by and between the City of Lubbock and Gary Schaffner, and all related
ruments. Said Agreement is attached hereto and incorporated in this resolution as if
ly set forth herein and shall be included in the minutes of the City Council.
by the City Council this
(ATTEST:
becca Garza, City Secre ary
'PROVED AS TO CONTENT:
Adams, Deputy City
Booher, Right -of -Way Agent
:OVED AS TO FORM:
Assistant City Attorney
Farm Lease.Gary SchatTherses
23rd day of March '2009.
TO MARTIN, MAYOR
Resolution No. 2009--RO115
CASH FARM LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Cash Farm Lease Agreement ("Lease") is entered into this 23rd day of
March , 2009,.by and between the CITY OF LUBBOCK, a Home Rule Municipal
Corporation, in Lubbock County, Texas, hereinafter called "Lessor", and Gary Schaffner,
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, 2009, unless terminated earlier as provided in
this Lease. The following lands and premises located in Lubbock County, Texas are made
subject to this Lease:
All of the west half (319.81 acres) of Section 72, Block S, Lubbock County,
Texas, further referenced as Lubbock County Farm Service Agency (FSA)
Farm No.1980, 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 THIRTY-FIVE AND NO/100 DOLLARS ($35.00) per acre, in a form acceptable to
Lessor. The parties agree that the amount due at the inception of this Lease shall be ELEVEN
THOUSAND ONE HUNDRED NINETY-THREE AND 35/100 DOLLARS ($11,193.35). All
monies due, including rent, shall be payable to:
Attn: Dave Booher, Property Manager
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 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 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 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) Lessor reserves the right to enter the premises at any time to survey, lay out
contour lines, build terraces, drill wells, construct and maintain water and
other utility lines, make any improvements necessary for the construction of
the Lake Alan Henry water treatment plant, and perform any activity as it sees
fit. 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 agrees to comply with all applicable federal, state, and local laws and
regulations in connection with Lessee's farming and other activities on the
Leased property.
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,
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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 30, 2009, 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 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.
(e) It is understood by Lessor and Lessee that the property the subject of this of
Lease shall in the future be used by the Lessor for water treatment plant
purposes. It is understood and agreed by Lessee that as portions of the
property are required by the Lessor for the construction of the water treatment
plant or other related activities/purposes, that Lessee shall, upon proper notice,
surrender such property for Lessor's use. Lessor agrees that Lessee may then
continue to use the remaining property for farming purposes until such time as
it is required for water treatment plant purposes. The determination as to
when any given portion of the property is required for the water treatment
plant purposes shall be made by Lessor, in its sole discretion. In no event
shall Lessor be liable to Lessee for any damages, other than crop damages, for
converting the property for water treatment plant uses, nor for any manner of
trespass. Lessor will give Lessee advance notice when additional area being
farmed by Lessee will be needed for construction. If Lessee will not be able to
harvest the crops on the acreage notified by Lessor for additional construction
purposes, crop damages in the form of a monetary amount will be paid to
Lessor for the acreage damaged. Crop damages will be determined by Lessor
based pro -rata on the amount of crops harvested on the balance of the tract
and the average prices per pound received by Lessee from a bona fide
purchaser, no later than December 30, 2009 for such balance of the crops
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harvested. In the event Lessor needs part of the Leased property for water
treatment plant purposes the Lessor will give Lessee sixty (60) days written
notice, In the event Lessee shall fail or refuse to remove his property from the
portion of the land then being required for water treatment plant purposes,
Lessor shall have the right to enter upon the Lease premises and remove any
such property.
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. All notices to be given under this agreement shall be given by certified
marl or registered mail, addressed to the proper party, at the fallowing addresses:
Lessor
City of Lubbock
Attn: property Manager
Box 2000
Lubbock, Texas 79457
Lessee
Gary Schaffner
4905 East Woodrow Road
Slaton, Texas 79364
7. 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.
S. Insuirance. 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.
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LESSE :
By:
Gary Seafner
4905 t Wo drove Rd
Slaton, Texas 79364
ms/Lease Agricultural Agrmnt-Schaffner
2127/09
LESSOR:
By: !�Z�Am�f-
TONf MARTIN, MAYOR
ATTEST:
Ct .�
Rebecca Garza, City Secret
APPROVED AS TO CONTENT:
homas Adams, Deputy City Manager
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
mot