Loading...
HomeMy WebLinkAboutResolution - 2784 - Agricultural Sublease Agreement-Joe Hall-Stoneville Pedigree Seed Company Lease - 03/24/1988JWF:da RESOLUTION Resolution #2784 March 24, 1988 Item 19 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 said City (as Sublessor) an Agri- cultural Sublease Agreement unto Joe Hall (as Sublessee) of an existing lease between Stoneville Pedigreed Seed Company (as owner -Lessor) and said City (as Lessee), 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 ATTEST: — y Boyd, City Sdtretary APPROVED AS TO CONTENT: r, i bam wane, uirector of Water Utilities Ed Bucy, Right -of - y Agent APPROVED AS TO FORM: J. North Fu lingim Assistant i y Attorney March , 1988. C. .C. McMINN, MAYOR JWF:da AGRICULTURAL SUBLEASE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the City of Lubbock, a home rule municipal corporation located in Lubbock County, Texas (herein called "City") leased approximately 300 acres of land located in Lubbock County, Texas (excluding a caliche pit) as lessee from Stoneville Pedigreed Seed Company, a corporation, as Lessor and owner of said land, by lease dated March 12, 1987, reference to which lease is hereby made for all pertinent purposes, said land being more particularly described in a Warranty Deed from J. Frank Gray, et al to Stoneville Pedigreed Seed Company dated February 25, 1980 recorded in Volume 1680, Page 99 et seq. of the Deed Records of Lubbock County, Texas, reference to which deed was made in this instrument for a more complete description of a tract of land as being a 317.924 acre tract of land lying in the north part of Section 20, Block S and the south part of Section 3, Block I, Lubbock County, Texas, said lease beginning March 12, 1987, and ending March 11, 1990 (being a lease term of three years), and said lease provided in Section IV thereof that the City could sublease said leased property on a share crop type basis or a cash lease basis, and the City now desires to sublease said leased property for the balance of said three year lease term unto Joe Hall (herein called "Lessee"); NOW THEREFORE: In consideration of the premises, covenants and upon the terms and conditions herein contained, City hereby subleases unto Lessee the approximately 300 acre tract of land hereinabove referred to and described for the balance of the term of the existing lease on said tract of land beginning with the date of execution of this Sublease Agreement ending on March ll,, -1990,, as follows, to -wit: 1. Lessee agrees to go upon the above described land, and shall faithfully and promptly in a farmerlike manner, at the reasonable time therefor, break, prepare, and plant the cultivated land upon the above described premises and shall during the growing season cultivate and work the crops so planted at all times when necessary to keep all the growing crops free from damage from weeds and grass, and to hoe all cotton planted on said land, and shall gather, harvest and market said crops. Lessee agrees to provide and pay for all cost of insecticides and defoliation. 2. Lessee agrees to plant, cultivate and harvest crops of such diversification and acreage as may be agreed upon by the parties hereto prior to each planting season, or at such times during the year as may be necessary to determine what crops shall be planted, and such agreement shall be reached before cultivation is commenced. 3. Lessee agrees that if he, for any reason, fails to plant any crop or crops, in due time and season, 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 City absolutely, unless Lessee notifies City in writing as soon as such condition reasonably can be determined and obtains the consent of City to plant such acreage in such crops as may be mutually agreed upon at that time. 4. Lessee agrees to keep down all noxious weeds and grass and prevent their seeding and spreading with the same precaution that any prudent farmer would exercise in the care of his own field, and to allow no volunteer crop of any kind to mature. 5. Lessee agrees that as the crops are gathered from the said land during the last year of this lease, Lessee will surrender possession of such portions thereof so that City or any future tenant may enter upon said land to prepare it for cultivation for the following year. 6. Lessee agrees to pay to the City rent in accordance with the following schedule: a. One-fourth (1/4) of all grain produced. b. One-fourth (1/4) of all cotton produced. c. One-fourth (1/4) of all government payments for grain acreage diverted in accordance with government conservation programs. d. One-fourth (1/4) of all government payments for cotton acreage diverted in accordance with government conservation programs. Lessee shall deliver to the City at the cotton gin, free of any charges, one-fourth (1/4) of all lint cotton in the bale together -2- with the seed therefrom, and shall deliver to the said City onto any city designated elevator one-fourth (1/4) of all grain, feedstuff, or other crop grown on said land providing that if cotton is sold as ginned, settlement for cotton and cotton seed shall be promptly made at the City's offices on the same day of sale or as soon as practicable thereafter. 7. Lessee shall make no substantial improvements on the premises without the written consent of City, it being agreed that any improvements placed thereon contrary hereto shall become the property of City and shall not be removed by Lessee, in whole or part. S. Lessee shall not sublet said premises, or any part thereof, without the written consent of City, and should Lessee abandon said premises, or sell or attempt to sell any part of the crops before they are matured or harvested, all of his interest in all said crops shall be immediately forfeited to City and City shall have the right to enter upon and take possession of said property premises and handle same in any manner that may to it seem right and proper. 9. Lessee agrees to give peaceful 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 above determined, and that Lessee shall not attempt to hold over under his 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 clause shall be binding or admissible in evidence. 10. Lessee shall have and is hereby given the right to use the five (5) existing irrigation wells all of which are equipped with pumps and it is understood and agreed that Lessee shall use the present wells and pumps and is totally responsible to keep this entire irrigation system in good repair with no cost to the City; provided however, that the Lessee shall maintain the wells and pumps so long as feasibly economically maintainable, but neither Lessee nor City shall be under any duty to replace irrigation wells if they sand down, the water table drops, or they otherwise become inoperable, and neither the Lessee nor City shall be under any duty to replace pumps which are worn out or cannot be feasibly and/or economically repaired. Lessee shall pay all electrical power expenses in connection herewith. 11. Lessee agrees to keep adequate records and books of account, to be open at all reasonable times for inspection by -3- duly authorized agents of the City, and to annually render a satisfactory written account showing the total number of bales of cotton produced from said land and/or the total number of applicable units of other crops produced therefrom and the value or sale price thereof. 12. Lessee shall not transfer or assign this agreement or any privileges hereunder, and shall not assign or sublease or in anyway encumber any part or all of the premises leased hereby without the written consent of the City of Lubbock property manager. 13. The Lessee covenants that during the time this agreement is in force, he will at all times and in all seasons so cultivate all of said lands, whether planted or not, so as to prevent the blowing of top soil, sand and dust from said lands on other properties adjacent thereto. 14. The parties hereto mutually agree that fertilization of farm land is and will be mutually beneficial and should be undertaken as warranted. The City agrees to pay one-fourth (1/4) of any agreed fertilizing program on cotton crops and one-fourth (1/4) of any agreed fertilizing on all other crops. The parties agree that a letter agreement outlining the fertilization program and its maximum monetary limitations shall be executed annually prior to commencing any fertilizing operations. The parties hereto further agree that the City's share of agreed fertilizing operations shall be deducted from rentals owed by Lessee to the City in each year throughout the term of this contract or any extension thereof. 15. The City reserves the right to retake possession of any portions or all of the leased premises in the event such action is deemed necessary by the City of Lubbock property manager. Upon notice of such finding by the manager, the Lessee shall give possession of such land to the City within the time stated in such notice. Every effort will be made by the City to permit Lessee to harvest all crops growing on such land. 16. Lessee also agrees that by the acceptance of this contract the City will not be held liable for any claims by him for interests, monetarily or other, in the Anderson-Teggemann farm located in the East 1/2 of Section 73, Block A. Furthermore, the City agrees to pay Lessee $7300.00 for field work done on that farm. 17. It is understood and agreed that from time to time in the discretion of the City it may furnish to Lessee treated -4- sewerage effluent to be used in irrigation of the leased premises. If Lessee accepts such sewerage effluent from the City, Lessee will dispose of such sewerage effluent by such methods of application and operation of such disposal so as to comply with all federal statutes, rules, and regulations and all statutes, rules, and regulations of the State of Texas in such regard. Executed this 24th day of March , 1988. ATTEST: 4RattaeFTB1i'ytcd, City Secretary APPROVED -AS TO CONTENT: am Wahl, Director of Water Utilities Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: 7/" , c J. Orth Full ngim, Ass s ant C Attorney -5- v -e! J HALL n 8�- CITY OF LUBBOCK 4 ` BY: S . C. MCMI N, MAYOR