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HomeMy WebLinkAboutResolution - 2786 - Agricultural Sublease To Powell & Tommy Adams - 03/24/1988JWF:dw Qccni 11Trnti Resolution #2786 March 24 1988 Item 21 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 (as Sublessee) a Sublease Agreement covering 320 acres of land with Powell Adams and Tommy Adams d/b/a Adams Seed Farm, a partnership, (as Sublessor), attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of March , 1988. C. B. C. McMINN, MAYOR kTT-EST Boyd, City Secreta APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: �- J. W6fth Fullingim, Assistant Ci tAttorney Resolution #2786 SUBLEASE AGREEMENT WHEREAS, W. A. HOLEMAN and C. E. HOLEMAN, as LESSORS, and. POWELL ADAMS and TOMMY ADAMS d/b/a ADAMS SEED FARM, as LESSEES, entered into a lease agreement, dated January 1, 1988, regarding certain property located in Lubbock County, Texas entitled "Rental Contract", reference to which is hereby made for a more particular description of the terms of said lease, and said LESSEES are willing to sublease a portion of said property unto the City of Lubbock and said LESSORS are willing to consent to such a sublease, and the City of Lubbock is desirous to sublease a portion of said property as hereinafter described as a location for disposal of sewerage effluent by using such sewerage effluent for irrigation purposes; NOW THEREFORE: In consideration of the cash payment to be made as hereinafter set forth, Powell Adams and Tommy Adams d/b/a Adams Seed Farm (a partnership), herein called "LESSOR", and the City of Lubbock, a home rule municipality located in Lubbock County, Texas, herein called "LESSEE" do hereby contract and agree as of the first day of January, 1988, as follows: MR Upon the terms and conditions herein contained, LESSOR hereby leases to LESSEE for the crop season of the year beginning January 1, 1988, and ending not later than December 31, 1988, the following land and premises, being 320 acres in Lubbock County, Texas, to -wit: The West one-half of Section twelve (12), Block B, Lubbock County, Texas II. (a) LESSEE agree to prepare, plant and cultivate all tillable land in the crops and in the proportions set out herein in a farmer -like manner in due time and season; to keep down all noxious weed 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, and allow no volunteer crop of any kind to mature on said land. AGREED TO PLANT (b) LESSEE agree that none of the tillable land will be allowed to lie out or be taken out of production without the consent of LESSOR in writing signed by LESSORS at Lubbock, Texas, except that certain portions of the land may be allowed to lie out in order to meet the requirements of the current farm program. (c) LESSEE agree that if he, for any reason, fail to plant any crop or crops, in due time and season, in the proportion and acreage herein allotted, or if planted or replanted and the crop be destroyed by the elements or otherwise fails to develop a stand which could be reasonably expected to mature into a profitable crop, such acreage shall revert to LESSOR absolutely, unless LESSEE notify LESSOR in writing as soon as such condition reasonably can be determined, and obtain the consent of LESSOR to plant such acreage in such crops as may be mutually agreed upon, such consent of LESSOR to be in writing signed by LESSORS of Lubbock, Texas. (d) It is further agreed that as the crops are gathered from any of said 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 said land and prepare it for cultivation for the following year; and that 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 LESSOR at Lubbock, Texas, and any crops growing on said premises in violation of this provision shall revert to LESSOR as its absolute property, together with any plowing or -2- work done by LESSEE without the written consent of LESSOR as above provided. III. LESSEE agree to pay LESSOR as rent the cash consideration of FORTY THOUSAND AND N0/100 ($40,000.00) DOLLARS which shall be due and payable as of April 25, 1988. . IV. LESSEE agree and covenant to keep all fences, windmills, buildings and other improvements in as good condition as they are in at the time of entry, the usual wear and tear and injury or damage by fire not the result of the negligence of LESSEE or their agents and the elements or act of God excepted. If the buildings be destroyed or so damaged that they cannot be repaired except by substantially rebuilding them, LESSOR shall be under no obligation to rebuild or repair said buildings. No alterations in the buildings or improvements shall be made and no substantial improvements shall be placed on the premises by LESSEE without the written consent of LESSOR, it being agreed that any improvements placed thereon contrary hereto shall become the property of LESSOR and shall not be removed by LESSEE, in whole or in part. V. LESSOR reserves the right to go upon said premises at any time and to survey, lay off contour line, build terraces and. drill wells, construct and maintain water and other utility lines, and to make any improvements it sees fit; however, LESSEE shall be reimbursed for any damage done to growing crops by LESSOR in making the above mentioned improvements. VI. LESSEE shall have the privileges of pasturing livestock and/or selling stalk or stubble. VII. LESSEE agree to give peaceable possession of said property at the termination of this lease in as good condition as reasonable use and wear will permit, it being the absolute intention of this lease that the same shall expire upon the date- -3- above determined, and that LESSEE shall not attempt to hold over under their lease, or claim any renewal, extension or continuance of this lease, unless agreed to in writing and signed by the parties hereto, and no verbal agreement to abrogate the terms of this cause shall be binding or admissible in evidence. VIII. In.case of a sale of said premises during the occupancy of LESSEE hereunder and purchaser desires possession, LESSEE agree to surrender the same at once upon receipt by them of the actual present value of the growing crops, and the refund of the pro rata part of the cash payment for grass land, if any, according to calendar year that has passed, the value to be determined by three disinterested parties, one to be selected by LESSOR, one by LESSEE and the two chosen to choose a third, and their decision as to value shall be binding. IX. If the land covered by this contract be occupied by any one other than LESSEE at the time they are entitled hereunder to enter, and said occupant refuses to deliver possession, then LESSOR will use diligence to obtain possession as soon as the same can be done, but if LESSOR be delayed or defeated in gaining possession, LESSOR shall not be liable to LESSEE for any damages occasioned by such delay or failure to gain possession. X. LESSEE covenant and agree that LESSEE will not waste the lands hereby leased by dumping trash, debris, junk, or any foreign substance thereon or suffer, permit, allow or cause the same to be done. XI. Whenever LESSEE herein covenant, or in any manner promise, agree, or stipulate that LESSEE are to do any act or refrain from doing any act, same shall be construed as a covenant and agreement made by LESSEE as a condition to this lease, and in the event LESSEE fail or refuse to keep and perform any such covenant and agreement of this contract in the time and manner herein stated, LESSOR shall have the right to declare this contract null -4- and void upon fifteen (15) days written notice given to LESSEE by LESSORS and enter and take possession of said land and premises without being guilty of trespass and without prejudice to any other remedy it may have for the collection of its rents or the enforcement of this contract. The failure of LESSOR to exercise any right herein granted by a reason or failure on part of LESSEE to keep or perform any condition, covenant or agreement herein contained shall not be construed as a waiver by LESSOR for any subsequent breach of condition, covenant or agreement to be kept and performed by LESSEE. XII It is understood that 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 the said County and subject to the right of LESSOR to develop and explore for oil and gas and other minerals on said lands, such rights and the right of ingress and egress over and upon said lands in the exercise of said rights, being therein expressly reserved to LESSOR, its agents, successors and assigns. XIII. Except as otherwise provided herein, this contract shall be performed in Lubbock County, Texas. XIV. LESSOR is not to contribute in any way to the cost of control of insects or defoliation. XV. LESSEE is allowed to sublease the property herein concerned to a farm operator on a share crop type lease or a cash lease basis, or the LESSEE shall have the option of hiring an operator to farm the property under a management type contract. XVI. LESSEE agrees to farm property following to all A.S.C.S. Programs. If the Conserving Use (C.U.) Program is initiated, forage and grass forage crops are to be planted such as redtop cane, haygrazer, sudan, and sweet sorghum. -5- XVII. This lease contract is subject to approval by the Texas Water Commission, and if approval is denied this agreement shall be of no force or effect after such denial. XVIII. It is understood and agreed that LESSEE will dispose of sewerage effluent by using it for irrigation purposes upon the premises herein subleased to the extent LESSEE deems expedient in accordance with the rules and regulations of the Texas Water Commission applicable to such disposal. Witness our hands as of the date first herei bo a written. AD SZEADAXS, F BY Partner, BY • 0,&,�TO ADAMS, Partner CITY OF LUBBOCK BY: B. C. McMINN, MAYOR ATT .5T ''RAN TE BOYD, City Secretary APPROVED AS TO CONTENT: ED BUCY, Right -16f -Way Agent APPRV AS TO FORM: L J. VOATH FUL INGIM, Assistant Ci V ttorney CONSENT TO SUBLEASE Undersigned owners of premises hereby subleased have been furnished a copy of this sublease and hereby consent to this sublease and the terms and condition ther of. W. HOL MAN C. E. HOLEMAN