HomeMy WebLinkAboutResolution - 2435 - Management Agreement - Standefer & Gray Inc - Seweage Effluent, 470 Acres - 09/25/1986JCR: da
RESOLUTION
Resolution #2435
September 25, 1986
Agenda Item #29
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 a Management Agreement by and between the City
of Lubbock and Standefer & Gray, Inc., 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 25th day of September r
1986.
B.C. McMINN, MAYOR
ATTEST:
Rane`Ue Boyd, City S4/croary
APPROVED AS TO CONTENT:
Sam Wahl, Director ok Water
Utilities
APPROVED AS TO FORM:
C- �2= - -
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hn C. Ross, Jr.4Ctvy-A-tttorney
Resolution #2435
MANAGEMENT AGREEMENT
This Management Agreement (the "Agreement") is made and
entered into this 25th day of September 19 S6 , ef-
fective as of Se14-te iet .gyp , 19 26 , by and between the
City of Lubbock, Texas, hereinafter referred to as City and
Standefer & Gray, Inc., a Texas Corporation, hereinafter re-
ferred to as Operator.
WITNESSETH:
WHEREAS, the City of Lubbock, Texas, a Home Rule City lo-
cated in Lubbock, Texas, owns approximately 470 acres of land
in Lubbock County, Texas, and is in the process (under con-
tract of sale) of purchasing approximately 2929 acres together
with irrigation systems and appurtenances and devices and per-
sonal property in connection therewith (under contract of
sale) being J. Frank Gray and wife, Imogene Gray, and Jack
Driskill as Independent Executor of the Estate of Lily W.
Gray, deceased, and Standefer and Gray, Inc., herein collec-
tively called "Sellers"; and,
WHEREAS, as sewage effluent is disposed upon said 470
acres and said 2929 acres of land as well as lands of others
in connection with the operations; and,
WHEREAS, City is desirous of securing the service of an
Operator for said properties who is experienced in the opera-
tion of a farming operation where the primary purpose of such
farming operation is the lawful disposal of sewerage effluent
from the City's Sewer System in the interest of public health,
safety, and welfare of the citizens of the City of Lubbock in
the exercise of the governmental function of City in the sani-
tary sewer services for the citizens of the City; and,
WHEREAS, the City has determined that Operator has the
necessary experience and expertise necessary to operate the
farming operation contemplated by the parties hereto;
NOW THEREFORE, in consideration of the premises and the
mutual covenants and agreements herein set forth the parties
hereto agree as follows:
1. Primary Goal. The primary goal of this agreement is
to secure for the City the experience, expertise and services
necessary to operate approximately 3399 acres of land, located
in Lubbock County, Texas, and more fully described in Exhibit
"A", attached hereto and made a part hereof for farming and
agricultural purposes and to incorporate into such operation
the lawful disposal of sewerage effluent (waste water) from
the City all in the interest of the public health and welfare
of the citizens of the City of Lubbock, Texas.
2. I.R.S. Operating Guidelines. It is agreed between
the parties hereto that this contract is and shall be consis-
tent with the requirements of Internal Revenue Service Revenue
Procedure No. 82-14, applicable to facilities managed by a non
exempt management company in connection with the purchase of
approximately 2929 acres of land which will be operated in ac-
cordance with the terms of this agreement. Furthermore, if
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a
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from the City's Sewer System in the interest of public health,
safety, and welfare of the citizens of the City of Lubbock in
the exercise of the governmental function of City in the sani-
tary sewer services for the citizens of the City; and,
WHEREAS, the City has determined that Operator has the
necessary experience and expertise necessary to operate the
farming operation contemplated by the parties hereto;
NOW THEREFORE, in consideration of the premises and the
mutual covenants and agreements herein set forth the parties
hereto agree as follows:
1. Primary Goal. The primary goal of this agreement is
to secure for the City the experience, expertise and services
necessary to operate approximately 3399 acres of land, located
in Lubbock County, Texas, and more fully described in Exhibit
"A", attached hereto and made a part hereof for farming and
agricultural purposes and to incorporate into such operation
the lawful disposal of sewerage effluent (waste water) from
the City all in the interest of the public health and welfare
of the citizens of the City of Lubbock, Texas.
2. I.R.S. Operating Guidelines. It is agreed between
the parties hereto that this contract is and shall be consis-
tent with the requirements of Internal Revenue Service Revenue
Procedure No. 82-14, applicable to facilities managed by a non
exempt management company in connection with the purchase of
approximately 2929 acres of land which will be operated in ac-
cordance with the terms of this agreement. Furthermore, if
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any new contract is negotiated, the new contract will be sub-
ject to the same terms as those described above.
3. Retention of Services. City does hereby retain Op-
erator to supervise, operate and manage the farming operation
which is the subject of this contract and which shall here-
inafter be referred to as farming operation, and Operator
hereby accepts such retention and agrees to furnish and render
such services as are hereinafter set forth.
4. Scope of Services. Operator agrees to perform and
provide the following services to City:
(a) Operator shall undertake the operation and man-
agement of approximately 3399 acres of land,
more fully described herein, for the purpose of
placing said acreage in agriculture and farming
use in such a manner as to incorporate into
such use the lawful disposal of sewage effluent
(waste water) pumped to said property from the
City's water treatment plant.
(b) Operator shall furnish all farming equipment
set forth and described in Exhibit "B", at-
tached hereto and made a part hereof, together
with any and all substitutions and replacements
thereof. However, any "Titled Vehicle" de-
scribed in said exhibit, when said vehicles be-
come unservable or inoperable, shall be re-
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any new contract is negotiated, the new contract will be sub-
ject to the same terms as those described above.
3. Retention of Services. City does hereby retain Op-
erator to supervise, operate and manage the farming operation
which is the subject of this contract and which shall here-
inafter be referred to as farming operation, and Operator
hereby accepts such retention and agrees to furnish and render
such services as are hereinafter set forth.
4. Scope of Services. Operator agrees to perform and
provide the following services to City:
(a) Operator shall undertake the operation and man-
agement of approximately 3399 acres of land,
more fully described herein, for the purpose of
placing said acreage in agriculture and farming
use in such a manner as to incorporate into
such use the lawful disposal of sewage effluent
(waste water) pumped to said property from the
City's water treatment plant.
(b) Operator shall furnish all farming equipment
set forth and described in Exhibit "B", at-
tached hereto and made a part hereof, together
with any and all substitutions and replacements
thereof. However, any "Titled Vehicle" de-
scribed in said exhibit, when said vehicles be-
come unservable or inoperable, shall be re-
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placed as set forth in paragraph 6, subsection
10 of this agreement.
(c) Operator shall prepare a yearly plan for the
farming operation which plan shall provide for
the following:
(1) a provision for waste water utilization
and disposal for the year in question;
(2) a program for the planting of crops
stressing crops with the highest need for
water use;
(3) a proposed operation budget for the farm-
ing operation for the year in question;
(4) a projection of the estimated revenues to
be obtained by the farming operation for
the year in question;
(5) a list of all improvements which operator
feels may be necessary.
Operator shall provide the plan for the farming operation
to the City on or before September 1, 1986 and thereafter said
plan shall be delivered to City by April 1, 1987 and April 1st
of each year thereafter during the existence of this contract.
The farming Operational Plan shall form the basis of the City
budgeting process for this operation.
The yearly farming operation plan shall not be placed
into effect until approved by City and Operator agrees and un-
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derstands that the City reserves the right to make changes or
alterations to said plan consistent with its yearly budget.
(d) Operator shall at all times during the exis-
tence of this agreement operate the farm land
in question in such a manner as to assure the
lawful and proper disposal of sewage effluent
(waste water) proposal to said lands from
City's water treatment plant. In this respect
Operator shall comply with the provisions of
any and all permits granted to City by the
Texas Water Commission authorizing disposal of
the sewage effluent (waste water) upon the land
described in Exhibit "A" of this contract and
further Operator shall comply with any other
law, rules or regulation of the State of Texas
or the United States Government applicable to
the operation.
(e) Operator shall furnish all labor necessary to
perform the farming operation contemplated by
this agreement. Said personnel shall be the
employees of operator and it shall comply with
all regulations of the Federal Fair Labor Stan-
dards Act with respect to minimum wages, over-
time pay, and hours of work. Operator shall
further comply with all regulations of the Fed-
eral Social Security Act regarding the with-
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holding of social security taxes and all regu-
lations of the Internal Revenue Services re-
garding Income Tax Withholding Regulations.
(f) Operator shall furnish all seeds, fertilizers,
herbicides, insecticides, plant material, and
all other like or similar items necessary to
carry out the farming operation herein contem-
plated.
(g) Operator shall limit the use of playa lakes and
man made reservoirs existing upon the land de-
scribed in Exhibit "A" as used in conjunction
with said land, so that such facilities will be
used for emergency storage of waste water or to
capture surface run off water. Operator shall
use his best efforts to dispose of all waste
water pumped to the land in question on a daily
basis so that the playa lakes and man made
reservoirs shall be used as hereinabove set
forth.
(h) Operator shall control all weeds and noxious
grasses along fence rows, turn rows, and other
areas within the boundaries of the property de-
scribed in Exhibit "A" being used for farming
or agriculture purposes.
(i) Operator shall maintain and keep in a good
state of repair all fences located in, upon or
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around the property described in Exhibit "A"
attached hereto.
(j) In relation to the flow lines, gate pipes, hy-
drants, fitting irrigation motors, pumps and
all sprinkler systems owned by City, and which
form a part of the City's sewage disposal sys-
tem Operator shall:
(1) assist City in locating and mapping all of
the above items;
(2) take care in the farming operation con-
ducted by Operator so as not to damage or
injure such equipment above mentioned;
(3) notify City as soon as possible of any re-
pairs or maintenance needed to keep the
above item in operational order;
(4) in emergency situations only, when due to
the circumstance City cannot make immedi-
ate repairs to the above property, effec-
tuate such temporary repairs or mainte-
nance of the above item until City may
make permanent repairs or undertake the
maintenance required;
(5) routine maintenance of the above item such
as lubrication and the like shall be per-
formed by Operator.
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(k) Operator shall conduct its farming operation in
such a manner so as not to injure or disturb
dikes and berms located upon the property de-
scribed in Exhibit "A" attached hereto and
shall undertake any repairs or maintenance as
may be required to said dikes or berms so as to
present the escape of sewage effluent water
onto unpermitted lands.
(1) Operator shall maintain full and complete books
of account covering all income and expenses in-
curred as a result of the farming operation
here undertaken by Operator. Operator shall
make such books of account available to City at
any time for review or audit by City or City
External Auditors. In addition Operator shall
keep such other records as may be requested by
City and such other record shall likewise be
available to City as above mentioned.
(m) Operator shall during the farming operation
here undertaken by Operator consult with and
keep City fully advised of all farming opera-
tions performed by Operator so that City will
have a complete understanding of the current
progress being made by Operator in fulfilling
the requirement of any approved farming opera-
tional plan. It is further understood that Op-
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erator will consult with City on any changes or
amendments to said plan.
(n) Operator shall act as agent for the City in
disposing of all harvested crops grown upon the
land described in Exhibit "A", attached hereto
and made a part hereof. In this respect Opera-
tor shall follow the guidelines herein below
set forth:
(1) operator may offer such harvested crops
for sale at the current market value for
like crops offered for sale in Lubbock
County, Texas;
(2) operator shall attempt to secure offers on
such harvested crops from more than one
source where possible;
(3) operator shall inform City of any offers
secured for the sale of harvested crops
prior to acceptance of such offers;
(4) all sales shall be for cash or its equiva-
lent and shall be payable to City;
(5) city reserves the right to refuse all of-
fers for the purchase of harvested crops;
(6) operator shall faithfully account to the
City for all monies secured by or coming
into his hands as a result of the sale of
harvested crops.
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(o) Operator shall act as agent for the City to al-
low the grazing of cattle upon the property de-
scribed in Exhibit "A" attached hereto and made
a part hereof and in this respect shall follow
the following guidelines:
(1) operator may authorize the grazing of cat-
tle upon the property described above pro-
vided the City secures the current market
price for such grazing as exists in
Lubbock County, Texas;
(2) operator shall inform City of all such
transaction prior to authorizing the graz-
ing of cattle;
(3) all compensation for such grazing of cat-
tle shall be for cash or its equivalent
and shall be payable to the City;
(4) city reserves the right to disapprove any
or all grazing of cattle upon the land
above described;
(5) operator shall faithfully account to the
City for all monies secured by or coming
into his hands as a result of grazing of
cattle upon the land above described.
(p) Operator shall conduct all farming operations
upon the property described in Exhibit "A" at-
tached hereto in a farmlike and workmanlike
MM
manner and shall devote its full attention to
such farming operations and use its best ef-
forts to operate the farm in a successful fi-
nancial manner.
(q) Operator shall comply with all rules or regula-
tions of the U.S. Department of Agriculture or
Federal law applicable to such agency that may
be applied to the farming operation undertaken
by Operator for City and Operator shall like-
wise comply with all applicable law, rules or
regulations of the Texas Department of Agricul-
ture that may be applicable to the farming op-
eration.
5. Term. The term of this agreement shall be for five
years beginning on the ado-A! day of 1986,
and ending on the -iA day of � 199'/ , un-
less sooner terminated in accordance with the provisions for
termination hereinafter set forth in this agreement.
6. Manaaement Fee and Expenses. In consideration of
the covenants and agreements of Operator included herein and
of the performance of Operator hereunder, City shall pay Oper-
ator a management fee as follows:
(a) During the first year that this agreement is in
effect City shall pay a management fee of One
Hundred Thirty Five Thousand Dollars
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($135,000.00), said fee to be paid to Operator
in equal monthly installments.
(b) During the second year that this agreement is
in effect City shall pay a management fee of
One Hundred Thirty Five Thousand Dollars
($135,000.00) to Operator, said fee to be paid
in equal monthly installments.
(c) During the third year that this agreement is in
effect City shall pay a management fee of One
Hundred Thirty Five Thousand Dollars
($135,000.00) to Operator, said fee to be paid
in equal monthly installments.
(d) During the fourth year that this Agreement is
in effect City shall pay a management fee of
One Hundred Thirty Five Thousand Dollars
($135,000.00) to Operator, said fee to be paid
in equal monthly installments.
(e) During the fifth year that this Agreement is in
effect City shall pay a management fee of One
Hundred Thirty Five Thousand Dollars
($135,000.00) to Operator, said fee to be paid
in equal monthly installments.
The management fee to be paid to Operator as hereinabove
set forth shall be the sole compensation to be paid to Opera-
tor for its services rendered under this agreement. In addi-
tion to the management fee, City shall within ten (10) days of
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receipt of invoice from Operator reimburse Operator for all
reasonable and necessary expenses incurred by Operator in the
farming operation when such expenses have been incurred in ac-
cordance with the provisions of paragraph 4(c) of this agree-
ment. Buy way of illustration and not by exclusion the fol-
lowing are examples of such expenses:
(1) Wages and fringe benefits of all employees
whether temporary, part time or full time.
(2) The cost of all fuels used in connection with
the farming operation.
(3) The cost of all utilities used in connection
with the farming operation.
(4) The cost of all herbicides, pesticides, fertil-
izers and other chemicals used in connection
with the farming operation.
(5) The cost of all seeds or plant material used in
the farming operation.
(6) The cost of all insurance or bonds required by
Operator under this agreement.
(7) Routine maintenance expenses incurred in con-
nection with the farming equipment or machinery
used in the farming operation.
(8) Major expenditures for maintenance of farming
equipment or machinery, which for the purposes
of this agreement shall mean repairs which will
exceed Five Hundred Dollars ($500.00) in cost,
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shall not be reimbursed to Operator unless Op-
erator has first obtained approval for such re-
pairs from City in advance.
(9) No expenses of the manager, assigned to oversee
the performance of this agreement by Operator
shall be included in the reimbursable expenses
hereinabove set forth save and except the cost
of fuel, insurance, routine maintenance or ap-
proved major maintenance incurred by said man-
ager in connection with the vehicles used by
said manager in the farming operation.
(10) Rental or lease cost of securing any additional
farm machinery deemed necessary for proper op-
eration of the farm. Additional farm machinery
shall be understood to be machinery not owned
or in the possession of Operator on the date of
execution of this agreement.
(11) Any additional expenses necessary to comply
with orders or rules of any State or Federal
Regulatory Agency or Commission having juris-
diction over the farming operation or other ac-
tivities contemplated by this agreement.
(12) All expenses incurred in maintaining fences or
other permanent improvements.
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(13) Only with specific approval first obtained from
City expenses connected with any subcontractor
deemed necessary by Operator.
(14) Reasonable expenses connected with bookkeeping
or accounting services incurred by Operator.
(15) Other reasonable expenses incurred by Operator
in discharging its obligation under this Agree-
ment.
7. Termination. This agreement shall terminate and be
of no further force or effect between the parties upon the
happening of any one of the following events:
(a) At the end of the second and fourth year of
this agreement City has the right, without
penalty, to cancel and terminate this agreement
by notifying Operator of its intent to termi-
nate thirty days prior to the end of the second
or fourth year of this agreement.
(b) If at any time during the term of this agree-
ment there shall be filed by or against Opera-
tor in any court a petition in bankruptcy, in-
solvency, or for reorganization or for the ap-
pointment of a receiver or trustee of all or a
portion of the property of Operator and such
petition is not discharged within thirty (30)
days after the filing thereof then in such
event this agreement shall terminate as above
CMC
said. However, in the event a petition is
filed against Operator for involuntary
bankruptcy and Operator advises City, in writ-
ing, that he has good faith defenses to such
action, then in such event this agreement shall
not be deemed terminated until such time as an
Order is entered adjudging Operator as a
bankrupt.
(c) If at any time during the term of this agree-
ment Operator makes an assignment for the bene-
fit of creditors or permits Operators equipment
used in connection with this agreement to be
taken under any writ of execution or attach-
ment.
(d) In the event City fails to pay to Operator the
consideration herein set forth or perform any
covenant agreed to be performed by City and
such failure continues for a period of thirty
(30) days after notice from Operator pointing
out such failures.
(e) In the event Operator fails to render any of
the services herein agreed to be performed by
Operator or fails to perform any covenant
herein agreed to be performed by Operator and
such failures continues for a period of thirty
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(30) days after such failure has been pointed
out to Operator by City.
Upon termination of this agreement neither of the parties
hereto shall have any further duty or obligation to the other
hereunder except for the payment of any amounts due hereunder
prior to termination and not yet paid, however, Operator shall
have the duty upon termination to deliver to City all items of
property purchased by Operator and reimbursed by City which
are in Operator's possession but have not yet been incorpo-
rated into the farming operation and to render a final ac-
counting to City of Operator activities to date of termina-
tion.
8. Assignment. Operator shall not assign this agree-
ment to any other person, firm, corporation or association
without the prior written consent of City.
9. Appointment of Manager. Operator shall during the
term of this agreement appoint a manager of the farming opera-
tion contemplated by this agreement and such appointment must
be concurred in by City. City shall further have the right to
request the removal of a manager appointed by Operator during
the term of this agreement and such request shall be immedi-
ately honored by Operator who shall upon such event appoint
another manager in accordance with the above procedure.
10. Insurance. During the term of this agreement Opera-
tor shall carry the following insurance coverages:
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(a) General liability coverage with broad farm en-
dorsement in the amount of five hundred thou-
sand dollars per occurrence and five hundred
thousand dollars aggregate.
(b) Vehicle liability insurance covering all vehi-
cles operated by Operator whether owned, non -
owned or borrowed in the amount of five hundred
thousand dollars combined single limit.
The above policies of insurance shall be maintained dur-
ing the term of this agreement, purchased from a company au-
thorized to do business in Texas and shall name City as an ad-
ditional insured. The policies shall further provide that
they may not be canceled by the insurance company without
first giving City ten (10) days notice of such fact. In addi-
tion, Operator shall file with the City Secretary of the City
Certificate of Insurance evidencing the above coverage.
11. Workers Compensation Insurance. Operator agrees
during the term of this agreement to purchase and keep in
force a policy of workers compensation insurance which policy
provides insurance coverage in accordance with State law.
12. Governing Law. This agreement shall be governed by
and construed and enforced in accordance with the laws of the
State of Texas.
13. Benefit. This agreement shall inure to the benefit
of and be binding upon the parties hereto and their respective
successors or assigns.
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14. Notices. Any notice or communication by either
party to the other shall be in writing and deemed to have been
duly given if either delivered personally or mailed, postage
prepaid, registered or certified mail, addressed as follows:
Operator: Standefer & Gray, Inc.
P.O. Box 711
Lubbock, Texas 79408
Attn: J. Frank Gray
and
McWhorter, Cobb & Johnson
P.O. Box 2547
Lubbock, Texas 79408
Attn: Jack Driskill
City: City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Attn: Director of Water Utilities
or to such other address, and to the attention of such other
person or officer as either party may designate in writing by
notice duly given. Any notice given under this section shall
be effective if hand delivered, when delivered, and if mailed
24 hours after mailing.
15. Waiver/Breach. The waiver or breach of any term or
condition of this agreement shall not be deemed to constitute
the waiver or breach of the same or any other term or condi-
tion.
16. Severability. In the event any provision of this
agreement is held to be unenforceable for any reason, the un-
enforceability thereof shall not affect the remainder of this
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agreement which shall be in full force and effect and enforce-
able in accordance with its terms.
17. Entire Agreement. This instrument constitutes the
entire agreement between the parties with respect to the sub-
ject matter hereof, and supersedes any and all other agree-
ments, understandings, negotiations or representations oral or
written, between them and no provision hereof shall be altered
or amended unless in writing and executed by the parties
hereto.
18. Heading. The headings contained herein are for con-
venience of reference only and are not intended to define,
limit or describe the scope or intents of any provision of
this agreement.
19. Counterparts. This agreement may be executed in any
number of counterparts, each of which shall be an original,
and each of such counterparts shall together constitute but
one and the same agreement.
20. Prevention of Performance. Operator shall not be
liable for any loss or damage to City and shall not be in de-
fault (including, without limitation, direct, indirect, inci-
dental and consequential damages) due to any failure in its
performance hereunder for any of the following:
(a) Because of compliance with any order, request
or control of any governmental authority or
person purporting to act therefor, whether or
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not said order, request or control ultimately
proves to have been invalid.
(b) When its performance is interrupted or pre-
vented, or rendered impossible or unpractical
because of wars, hostilities, public disorders,
act of enemies, sabotage, strikes, lockouts,
labor or employment difficulties, fires,
weather, acts of God or any cause beyond its
control whether or not similar to the fore-
going.
21. Security of Farm Operation. Operator shall in addi-
tion to all of the services to be rendered by Operator assign
not less than three employees to reside in houses owned by
City and located upon the property described in Exhibit "All
for the purposes of providing security for the farming opera-
tion and the facilities of City located upon such property.
These employees shall use their best efforts to see that no
one is allowed to hunt or fish upon the property described in
Exhibit "A" and that no one, other than employees of Operator
or employees of City is allowed upon such property without
prior authorization by City, however, business visitor may be
allowed upon the property when accompanied by an employee of
Operator.
22. Bond. Operator being an independent contractor un-
der this agreement shall furnish to the City a fidelity bond
executed by the said Operator as principal and a bonding com-
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pany authorized to do business in the State of Texas as secu-
rity in the penal sum of $50,000.00 conditioned that the said
operator, its servants and employees will well and truly ac-
count for all money and property coming into their hands which
are due to City under this agreement and timely turn over such
money and property unto the City in a prompt and expeditious
manner, and that all claims made against City for reimburse-
ment for expenses, as authorized in this agreement, by said
Operator shall be for expenses solely related to the transac-
tion related to the carrying out the provisions of this agree-
ment during the term hereof.
23. Contract of Sale. While it is necessary to refer to
Sellers in this contract, they are not parties or signataries
to this agreement, but the parties to this agreement are City
and Operator; however, the making and execution of this Man-
agement Agreement is a condition precedent in the contract of
sale between City and Seller as set forth in paragraph VII
subsection (j) of said Contract of Sale which was executed by
City and Seller on the 9th day of June, 1986.
24. Understanding of Parties. It is hereby agreed as
follows with respect to the farming operations under consider-
ation herein:
(a) City is to pay all expenses, losses, and is to
reap all the profits of the above operation as
herein set forth.
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(b) The periodic fixed flat fee to be paid Operator
by City does bear a reasonable relationship to
the services to be performed by Operator.
(c) That the Operator is an independent contractor
under the terms of this agreement, and that the
workmen, employees, and servants used by Opera-
tor in performing services under this agreement
are employees of the Operator and are to be
paid by it.
(d) That the farming operation to be undertaken by
City, through this agreement, is a proprietary
function of the City and is separate and apart
from the operation of City sewage disposal sys-
tem which is a governmental function of the
City.
(e) City shall control and be responsible for the
major repairs for all flow lines, gated pipe,
hydrants, fittings, irrigation motors, pumps
and all sprinkler systems owned by City and lo-
cated upon the property described in Exhibit
"A", attached hereto, which property forms a
part of its sewage disposal system and except
as herein provided or agreed to in the plan for
farming operations, Operator shall not control
or maintain such property.
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(f) Notwithstanding anything in this agreement to
the contrary it is agreed and understood by the
parties hereto that City may terminate this
agreement at any time upon giving thirty (30)
days written notice to Operator and such termi-
nation shall be without penalty.
(g) Notwithstanding anything in this agreement to
the contrary it is agreed and understood by the
parties hereto that City retains the continuing
right to terminate this agreement at the expi-
ration of each budget year that this agreement
is in effect by giving notice of such fact to
Operator and such termination shall be without
penalty to City.
(h) The City agrees to designate an officer or em-
ployee of the City to be its representative for
communications between Operator and City with
said designation to be set forth in the plan
for the farming operation as required by this
agreement. Operator's manager shall be the
representative for all communication to be re-
ceived by or directed from Operator.
(i) Operator may engage subcontractor to assist op-
erator in the farming operation, but only when
prior approval is obtained from City in advance
of any such subcontractor being engaged.
-24-
(j) In the event that this Agreement is terminated
in accordance with the provisions of subsection
(f) or subsection (g) as set forth above in
this section or in accord with the provisions
of paragraph 7 of this Agreement, then in such
event, the City shall have the option, which
shall be exercised within fourteen (14) days of
the date of termination, to buy all those items
of farm equipment or machinery listed and set
forth in Exhibit B, attached hereto and made a
part hereof, which items have been designated
to have a residual value at the expiration of
this Agreement according to to its terms. The
consideration to be paid to Operator from City
for said farm equipment or machinery shall be
in accordance with the depreciation schedule as
set forth in Exhibit B above referred to and
shall be paid in cash within ninety (90) days
of termination. If at the time of such sale a
particular item of equipment or machinery has
been fully depreciated or, with the consent of
the City, said item of equipment or machinery
has been otherwise disposed of then in such
event such item shall be deleted from the Con-
tract of Sale. It is agreed to by the parties
to this Agreement that the items of farm equip-
-25-
ment or machinery listed on Exhibit B are nec-
essary to meet the fuctional requirements of
the City of Lubbock in the farming operation,
which is the subject matter of this Contract,
which farming operation incorporates the dis-
posal of City's sewage effluent waters upon
said farm lands all for the preservation of the
public health of the citizens of the City of
Lubbock. It is further agreed by Operator, in
the event City exercises its option to purchase
as herein set forth, that it shall transfer to
City clear title to all such farm equipment or
machinery purchased by City in accordance with
this subsection upon payment of the considera-
tion as above set forth.
(k) Operator agrees and understands that the City
of Lubbock is a home rule municipal corporation
operating under Article 11, Sec. 5, V.A.T.C.
and that operator understands the laws of the
State of Texas applicable to such home rule mu-
nicipal corporation and the limitations placed
upon such municipal corporation thereby.
25. Prior Crops. In the Contract of Sale between City
and Sellers executed June 9, 1986, Sellers did state that they
may plant a crop on the land owned by Sellers prior to closing
of the abovementioned Contract of Sale. At the writing of
-26-
this agreement Sellers have not yet undertaken such activity
and the parties hereto agree that if Seller does plant such
crop prior to closing of the above Contract of Sale that City
and Sellers will negotiate in good faith as to compensate Op-
erator for cost and materials expended in connection with said
crop.
This Agreement is executed in duplicate originals on this
the 25th day of September , 1986 and the effectual
date shall be as herein set forth.
CITY OF LUBBOCK
BY: ZC4, &9..C. McMINN, MAYOR
ATTEST:
Ranet" Boyd
City Secretary
APPROVED AS'TO CONTENT:
s
ahl, D rector of
Water Utilities
APPROVED AS TO FORM:
14 G --/,) .+ a
hn C. Ross, J3J.
ity Attorney
:xm
STANDEFER & GRAY, INC.
BY
PRESIDENT —
ATTEST:
Secretary
n� CRIPTION OF SEVENTEEiN TRACTS OF LAND NUMBERED TRACTS 1-17
6ii CLUSIVE) LOCATED IN LUBBOCK COUNTY, TEXAS AND DESCRIBED AS FOLLOWS:
!' Tract No. 1
114.34 acres out of the west one-half of Survey 9, Block S,
and 85.66 acres out of the East Half of Survey 10, Block S,
Lubbock County, Texas, the 114.34 acres being the North part
of a 200 acre tract out of the west one-half of Survey 9,
Block S, fully described in a deed to v. V. Clark recorded
in Vol. 234, page 171 of the Deed Records of Lubbock County,
Texas, and the 85.66 acres being the N.E. part of a 572 acre
tract out of Survey 10, Block S, fully described in the deed
to V. V. Clark, said 200 acres partly in Survey 10, and partly
in Survey 9, Block S is particularly described as follows:
BEGINNING. at a point, the N.E. corner of Survey 10, Block S
Which 'is also the N.W. corner of Survey 9, Block S.
THENCE S. 89" 24' E. in the right-of-way of an East-West
paved County Road, 670.00 varas to a point in the right -of-
way, the N.E. corner of the 200 acre tract of land described
in the deed to V. V. -Clark, and the N.E. corner of this tract.
THENCE S. 0" 40' E., along the East line of said 200 acre
tract, and along the fence line on this line, 39 feet south
of the center line strip in the pavement is a 1/2 inch iron
pipe at a fence corner, in all a distance of 963.41 varas
to a 3/4 inch iron pipe in the fence line, and in the East
line of said 200 acre tract, the S.E. corner of this tract.
THENCE 27. 89° 24' W. 670.00 varas to a 3/4 inch iron pipe in
the East line of Survey 10, which is also the west line of
Survey 9,.Block S.
THENCE N. 990 11' W. 511.2 varas to a 3/4 inch iron pipe, the
S.W. corner of this tract.
'THENCE N. 0° 40' W. 906.41 varas to a point in the middle of
the East-West paved road right-of-way, the N.W. corner of
this tract, which is in the north line of Survey 10, Block S,
and there is a 3/4 inch iron pipe in the west line of this
tract at a fence corner 44.00 feet south of the center line
stripe of the paved road.
THENCE S. 89' 18' E., along the north line of Survey 10,
Block S, 156.2 varas to a point, the Ell corner of Survey 10,
Block S, and the Ell corner of this tract.
THENCE N. 0° 40' W. 57 varas to a point, a corner of Survey 10,
Block S, and a corner of this tract.
THENCE S. 89" 18' E., along the most north line of Survey 10,
Block S, a distance of 355.0 varas to the PLACE OF BEGINNING,
and containing 200 acres of land, more or less.
t�
:Tact No. 2
153.93 acres out of Sections 9 and 10, Block S, G.C.6S.F.
R. R. Co., Cert. 3/504, described as follows:
BEGINNING at a 3/4" galvanized iron pipe in N -S fence, the
SE corner of a 200 acre tract previously conveyed by deed
from Dr. V. V. Clark and in the East line of Tract No. 1
as recorded in Volume 234, Page 171, of. tKe Lubbock County
Deed Records, and being the NE corner of this survey;
THENCE S 0 deg. 40 min. E 728 varas to a fence corner post,
the SE corner of said Tract No. 1, and the SE corner of this
survey;
THENCE 11 89 deg. 24 min. W 670 varas to a point in the West
line of Sec. 9, Block S, said point being 213 varas N 0 deg.
40 min. W of the SW corner of Sec. 9, the common corner of
Sections 9 and 10 of Block S;
THENCE 89 deg. 11 min. W 355 varas to a point, the Ell corner
of Tract No. 3 as described by deed recorded on Page 171 of
volume 234 of the Lubbock County Deed Records, an Ell corner
of*this survey;
THENCE S 0 deg. 40 min. E 57 varas to a point the Southerly
Ell corner of said Tract No. 3, and being an Ell corner of
this survey;
THENCE N 89 deg. 11 min. W 156.2 varas to a 3/4" iron pipe
set in E -W fence, in the South line of Tract No. 3 herein-
above described, the SW corner of this survey;
THENCE 11 0 deg. 40 min. W 784:9 varas to a 3/4" iron pipe,'
,the SW corner of above said 200 acre tract and the NW corner
of this survey;
THENCE S 89 deg. 11 min. E 511.2 varas to a 3/4" iron pipe
in the West line of Section 9, Block S, a corner of this
survey;
THENCE S 89 deg. 24 min, E 670 varas to the PLACE OF BEGINNING.
Both of the above Tracts 1-2 are SUBJECT TO that certain mineral
interest reserved by the Grantor -in a Deed from Ceneral American
Life Ins. Co- to Roy Hise, et ux, dated September 29, 1937, recorded
in Vol. 217, Page 182, Deed Records, Lubbock County, Texas, and
further SAVE AND EXCEPT that certain mineral interest reserved by
the Grantors in a Deed from V. V. Clark, .et al to J. Frank Gray,
et al, dated January 31, 1951, recorded in Vol. 432, Page 365, Deed
Records of Lubbock County, Texas, and FURTHER SUBJECT TO that certain
royalty interest reserved by Jimmie L. Standefer in a Deed from
Jimmie L. Standefer and Dorothy Sue Clendenin to Wylie Hudman and
Dewey Hukill dated July, 1966, and recorded in Vol. 1126, page 164,
Deed Records of Lubbock County, Texas.
-act No. 3
That certain tract or parcel of land BEGINNING in the center
of East-West Park Road being Southeast corner of West one half
Section 5, Block S, situated in Lubbock County, Texas;
THENCE North 557 varas to stone set under fence the Northeast
corner of Newman Boles Tract described in Vol. 338, page 95,
Deed Records of said County;
THENCE West 640 varas to point in North line of Newman Boles
tract;
THENCE South 152 varas along water line of lake to point;
THENCE East 32 varas to point South of wet lake;
THENCE South 398.4 varas to point in center line of Public
Road;
THENCE South 89' 23' East 612 varas to PLACE OF BEGINNING,
being 60.78 acres, and being same land described in Vol. 583,
page 586, Deed Records, said County, reference to which is
made, and subject to reservations set out therein;
Boles reserved one-half (1/2) of the oil, gas, and other minerals
but expressly does not include caliche or ground water SUBJECT TO
an undivided 1/32 royalty reserved by Jimmie L. Standefer as
described in Deed recorded in Vola 583, page 586, Deed Records of
Lubbock County, Texas.
By warranty Deed in October, 1968, J. Frank Gray and Wylie Hudman
acquired the remaining undivided one-half (1/2) interest in the
minerals from Lura Barton Soles.. This one-half (1/2) interest is
not subject to the 1/32 royalty of Standefer.
4
_ct orparcel of land out of the Southeast corner of
Section 1, Block B, Lubbock County, Texas, BEGINNING at a
point 3774 feet South of Northeast corner of said Section 1;
THENCE West 1176 feet to point;
THENCE South 1427 feet to point;
THENCE East 1176 feet to point;
THENCE North 1427 feet to point, containing 38.525 acres and
being the same land described in Deed recorded in Vol. 448,
page 488, Deed Records said County, being a conveyance from
City of Lubbock to J. Frank Gray, et al, and subject to
mineral reservations set out therein.
SUBJECT TO an undivided one-half (1/2) interest in oil, gas, and
other minerals reserved by the City of Lubbock in Warranty Deed
recorded in Vol. 448, page 488, Deed Records of Lubbock County,
Texas, and an undivided 1/32 royalty reserved by Jimmie L. Standefer
as described in Deed recorded in Vol. 583, page 586; Deed Records of
Lubbock County, Texas.
Tract No. 5
All of Section 11, Block B, Lubbock County, Texas, SAVE AND EXCEPT
(1) 38.525 acre tract conveyed to City of Lubbock described
by metes and bounds in Deed recorded in Vol. 453, Page
228, Deed Records of said County;
(2) 10.827 acre tract owned by Clyde H. Clark and described
in Partition Deed recorded in Vol. 1122, Page 259,
Deed Records of said County; and
(3) 15.12 acre tract now owned by J. Frank Gray et ux, as shown
by Warranty Deed recorded in Vol. 598, Page 661, Deed
Records of Lubbock County, Texas.
SUBJECT TO an undivided one-half (1/2) interest in the oil, gas, and
other minerals reserved by J. L. Birdwell and wife, Cordie Birdwell,
described in Warranty Deed recorded in Vol. 360, Page 247, Deed Records
of Lubbock County, Texas, and SUBJECT TO an undivided 1/32 royalty
reserved by Jimmie L. Standefer as described in Deed recorded in Vol.
583, Page 536, Deed Records of Lubbock County, Texas. .
Tract No. 6
The South 150 acres of land out of the 299.1 acre tract of
land located in Section 10, Block S, Lubbock County, Texas,
which is described by metes and bounds as follows:
BEGINNING at a point which bears North 89' 18' East a dis-
tance of 1118.2 feet frthe Northwest corner of Section
10, Block S;
THENCE South 00 45' 42" East along the West line of the
Frank Gray tract, a distance of 4749.5 feet to the South-
west corner of the Frank Gray tract;
THENCE South 89" 18' West a distance of 2747 feet to a
point, the Southwest corner of this tract;
THENCE North 4749.5 feet to the PLACE OF BEGINNING.
The tract herein described is the South 150 acres of 299 acre
tract conveyed to Doyce M. Clark by instrument recorded in
Vol. 846, page 335, Deed Records of said County.
SUBJECT TO a 1/16 royalty reserved by Great American Life Insurance
Company in Deed recorded in Vol. 217, page 181, Deed Records of
Lubbock County, Texas.
s a`
Tract No. 7
A one acre tract or parcel of land lying and situated in
Lubbock County, Texas, and being more particularly
described as follows:
BEGINNING at a point 1090.2 feet East and 20.0 feet South
of the Northwest corner of Section 10, Block S for the
beginning corner of this tract;
• THENCE South 89 deg: 18 min. West 272.25 feet to the
Northwest corner of this tract, a point marked with a
1/4" iron rod;
THENCE South 0 deg. 40 min. East 160 feet to the Southwest
corner of this tract, a point marked with a 1/4" iron rod;
THENCE North 89 deg. 18 min. East 272.25 feet to the South-
east corner of this tract, a point marked with a 1/4" iron
rod;
THENCE North 0 deg. 40 min. West 160 feet to the Northeast
corner of this tract, a point marked with a 1/4" iron rod
and being the PLACE OF BEGINNING.
And also including all interest owned by the Estate of
V. V. Clark to the said land to the North and East of the
projection of the West line of the above described land to
50th Street•(F.M. Highway 835) and to the West of the
projection of the East line of the above described land to
50th Street (F.M. Highway 835).
SUBJECT TO any mineral conveyances or reservations of record, and
any right of way deeds of record across said land.
The tract herein described is the tract conveyed to Gray and Hudman
by instrument recorded in Vol. 1172, page 514, Deed Records, Lubbock
County, Texas.
Tract No. 8
The Northwest quarter (NW/4) of Section Fourteen (14),
Block I, Certificate 360, T. T. Ry. Co., Lubbock County,
Texas.
SUBJECT TO a 1/16 non-participating royalty interest reserved by
American National Bank of Austin, Texas, Trustee, by instrument
recorded in vol. 377, page 328, Deed Records of said County.
Tract No. 9
55.634 acres of land, being 24.54 acres out of Sec. 5-1/2,
Block S, Lubbock County, Texas, and 31.094 acres out of
Sec. 5, Block S, Lubbock County, Texas.
BEGINNING at a point 642.29 feet North of Southwest corner
of Sec. 5-1/2, Block S, Lubbock County, Texas;
THENCE North 875.77 feet to a point;
THENCE East at 968.6 feet past the West line of Sec. 5,
Block S, continuing for total distance of 1821.62 feet
to a point;
THENCE South 422.22 feet to a point;
THENCE East 88.89 feet to a point;
THENCE.South 0° 10' 44" East 1086.60 feet to a point;
THENCE West 933.26 feet to a point being the Southwest corner
of Sec. 5, Block S;
THENCE North -00 51' West 361.85 feet to a point;
THENCE South 890 26' West 719.6 feet to a point;
THENCE North 280.44 feet to a point;
THENCE South 890 26' West 261.1 feet to the PLACE OF BEGINNING.
Containing 55.634 acres of land, more or less.
LESS AND EXCEPT that certain tract conveyed to Raymond H. Furr by
J. Frank Gray, et al, dated July, 1974, of record in the Deed Records
of Lubbock County, Texas. Said tract measuring approximately 158
feet by 261.1 feet.
Tract No. 10
The North 149.1 acres, more or less, of the following des-
cribed land situated, lying and being in Lubbock County,
Texas, to -wit:
A 299.10 acre tract of land located in Section 10, Block S,
Lubbock County, Texas, being described by metes and bounds
as follows:
BEGINNING at a point which bears North 89°18' East a dis-
tance of 1,118.20 Feet from the Northwest corner of Section
10, Block S;
THENCE North 89°18' East a distance of 2,739.00 Feet to the
West line of a tract of land previously conveyed by V. V.
Clark to Frank Gray;
VW
THENCE South 0045142" East along the West line of the Frank
Gray Tract a distance of 4749.50 Feet to the Southwest
corner of the Frank Gray Tract;
THENCE South 89°18' West, a distance of 2747.00 Feet;
THENCE North 0040' West, a distance of 4749.50 Feet to the
PLACE OF BEGINNING.
Tract No. 11
All that certain tract of land in Lubbock County, Texas,
being described by metes and bounds as follows:
15.12 acres of land out of the South part of Section 11,,
Block B, Indianola R.R. Co., Certificate 16/274,
BEGINNING at a I" iron pipe set for the SE corner of this
tract in North line of Farm Road No. 835, from which the
SE corner of Section 11, Block B bears South 59 feet and
East 2763.6 feet,
THENCE N. 89057' W. 729 feet to a 1" iron pipe set in
North line of Farm Road No. 835;
THENCE N. 84012' W. 100.5 feet to a 1" iron pipe set in
North line of Farm Road No. 835;
THENCE N. 89°37' W. 938 feet to a 1" iron pipe set in North
line of Farm Road No. 835;
THENCE N. 0003' E. 364.8 feet to a 1" iron pipe set for the `
NW corner of this tract;
THENCE S. 89057' E. 1767 feet to a 1" iron pipe set for the
NE corner of this tract;
_- THENCE S. 0003' W. 380 feet to the PLACE OF BEGINNING.
r �
Tract No. 12
All that certain tract and parcel of land situated in
Lubbock County, Texas, described as follows, to -wit:
The East One -Half (E/2) of Survey 14, Block I, Abstract
742, as shown by Plat prepared by Sylvan Sanders, Licensed
Land Surveyor, Lubbock County, Texas, said property being
more fully described in two deeds from American National
Bank of Austin, Trustee, to A. L. Cone, both of said deeds
being dated February 21, 1949, and one of said deeds
recorded in Vol. 382, page 89, and one recorded in Vol,
382, page 92 of the Deed Records of Lubbock County, Texas.
SUBJECT TO a reservation of the 1/16 non -participating
royalty interest set out in two deeds dated February 21,
1949, recorded in Vol. 382, page 89, and Vol. 382, page
92, respectively, Deed Records of Lubbock County; and
RESERVATION of an undivided 1/2 interest in all oil, gas
and other minerals, with rights of ingress and egress for
exploration thereof set out in deed from A. L. Cone and
wife to James Lynn Jones dated February 19, 1970, such
reservation being charged with 1/2 of such royalty reser-
vation.
c ..E f- F 4 Ct 1 _
A 633.683 acre tract of land out of Sections 9 and
i 18, Block S. G. C. 6 S. F. R. R. Co. Survey, Lubbock County,.
Texas, and being more particularly described as follows:
BEGINNING at an iron rod setinthe South R.O.W. line of
Farm Road 835 and the West line of Section 18 and the East
line of Section 9, for the beginning corner of this tract.
whence the Northeast corner of Section 9 and the Northwest _
corner of Section 18, Block S, bears North 0°40' West 40.6
feet;
THENCE South 0° 40' East along the East line of Section 9
and the West line of Section 18, 200.2 feet to a 1" iron
pipe.-
THENCE
ipe.THENCE North 89°19' East 408.7 feet to a 1" iron pipe,-
THENCE
ipe;THENCE North 00 40' West 201.27 feet to an iron rod set in
the South R.O.W. line of Farm Road 835;
THENCE North 890 10' East along the South R.O.W. line of
Farm Road 835, 3745.77 feet to an iron rod set for the P.C.
of a curve to the right;
THENCE Southeasterly along a curve to the Right and the
South R.O.W. line of Farm Road 835, whose Radius is 1106.28
feet a distance of 1743.85 feet to an iron rod set for the
P.T. of said Curve;
THENCE South 0° 31' East along the West R.O.W. line of Farm
Road 835, 2681.88 feet to an iron rod set for the Southeast
corner of this tract;
THENCE North 81" 10' West 1671.0 feet to an iron rod;
THENCE North 0° 40' West 1337.0 feet to an iron rod
tHENCE North 870 39' West 1808.57 feet to an iron rod;
THENCE South 82' 24' West 1816.07 feet to an iron rod set
in the West line of Section 18 and the East line of Section 9;
THENCE South 0° 40' East along the East line of Section 9
and the West -line of Section 18, at 1626.73 feet pass a found
old Stone, continuing for a total distance of 1826.73 feet
to a 1" iron pipe set at a fence corner;
THENCE South 89' 25' 40" West along a meandering fence line
3410.2 feet to a 1" iron pipe set at a fence corner, for
the Southwest corner of this tract;
THENCE North 0° 45' West along a fence line 4160.8 feet to
a found 1/2" iron pipe in the South R.O.W. line of Farm Road
835, for the Northwest corner of this tract:
THENCE North 89° 53' East along the South R.O.W. line of
Farm Road 835,.263.0 feet to a point;
THENCE South 84' 24' 30" East along the Squth }t,O.W..line
of Farm Road 835, 100.5 feet to a point;
THENCE North 89° 53' East along the South R.O.W. line of
Farm Road 835, 900.0 feet to a point;
THENCE North 840 10' 30" along the South R.O.W. line of Farm
Road 835, 100.5 feet to a'point;
THENCE North 89° 53' East along the South R.O.W. line of
Farm Road 835, 700.26 feet to a point;
THENCE South 89° 25' East along the South R.O.W, line of
Farm Road 835, 1353.3 feet to the place of BEGINNING;
Containing 633.683 acres of land.
;API
MACT 14
_ A tract of land out of Sections 1, 4, 9, 100 11;&
14, Block S, G. C. & S. F. R. R. Co. Survey, Lubbock County, Texas,
and being more particularly described as follows:
BEGINN, ING at a 1h" iron pipe set in the West line of Section
10 and the East line of Section 1 for the beginning corner
of this tract, whence a found �" iron pipe and stone at the
Southwest corner of Section 10 and the Southeast corner of
Section 1 bears South 0° 40' East 433.33 feet;
THENCE North 890 18' East 4291.66 feet to a 1" iron pipe
set for a corner of this tract;
THENCE North 0° 40' West 158.33 feet to a 1" iron pipe set
for a corner of this tract;
THENCE North 89° 18' East 986.11 feet to a.I" iron pipe set
in the East line of Section 10 and in the West line of
Section 9 for a corner of this tract;
THENCE South 89° 24' East 1867.11 feet to a 1" iron pipe
set for the Northeast corner of this tract;
THENCE South 0° 45' East at 591.66 feet pass the South
line of Section 9 and the North line of Section 14, contin-
uing fora total distance of 1,002.76 feet to a 1" iron pipe
set for the Southeast corner of this tract;
THENCE North 89° 24' West 1868.56 feet to a 1" iron pipe
set in the West line of Section 14 and the East line of
Section 11, whence the Northwest corner of Section 14 and
the Northeast corner of.Section 11 bears North 0° 40' West
411.1 feet;
THENCE South 89° 18' West at 52.77.78 feet pass a 1" iron
pipe set in the West line of Section 11 and the East line
of Section 4, from this point the Northwest corner of Section
11 and the Northeast corner of Section 4 bears North 0°
40' West 411.1 feet; continuing for a total distance of
7479.28 feet to a 1" iron pipe set in the Northeast R.O.W..
line of the p. & S. F. R. R. Co. for the Southwest cdrner
of this tract;
THENCE North 39° 53' 30" Wcst along the p. & S. F. R. R.
Co. R.O.W. 530.43 feet to a 1" iron pipe set for a corner
of this tract;
THENCE North 89° 18' East along the North line of Section 1
4 and the South line of Section 1, 450.8 feet to a 1" iron
pipe set for a corner of this tract..
THENCE North 00 40' West 433.33 feet to a 1" iron pipe set
for a corner of this tract
THENCE North 89° 18' East 2,086.11 feet to the place of
BEGINNING
containing 191.989 acres of land.
t
r �
TRAC T 15
A tract of land out of Section 9, Block S, G. C. b
S.F.R_R. Co, Survey, Lubbock County, Texas, and being more parti-
cularly described as follows:
BEGINNING at a 1" iron pipe set in the East line of Section
9 for the Northeast and beginning corner of this tract, whence
the Northeast corner of Section 9 bears North 00 40' West
4157.6 feet;
THENCE South 00 40' East 311.1 feet to a 1" iron pipe set
for the Southeast corner of this tract;
THENCE South 880 17' 30" West 1218.15 feet to a 1" iron
pipe set for a corner of this,tract;
THENCE South 530 14' 30" West 1223.1 feet to a 1" iron pipe
set for a corner of this tract; II
THENCE North 890 47' West 1202.5 feet to a 1" iron pipe set 1
for the Southwest corner of this tract;
THENCE.North 00 45' West 1040.82 feet to a 1" iron pipe set
for the Northwest corner of this tract;
THENCE North 890 25' 40' East 3410.2 feet to the place of
BEGINNING;
Containing 53.811 acres of land. _
l
1,
r
>
TRACT 16
A tract of land out of Section 18, Block S. G. C. &
S. F. R. R. Co. Survey, Lubbock County, Texas, and being more
particularly described as follows:
BEGINNING at a 1" iron pipe set in the West line of Section
18 for the Southwest and beginning corner of this tract,
whence the Northwest corner of Section 18 bears North 0°
40' West 4468,7 feet;
THENCE North 00 40' West at 311.1 feet pass a 1" iron pipe
at the Northeast corner of a 53.811 acre tract, continuing
for a total distance of 2137.83 feet to an iron rod set for
the Northwest corner of this tract;
THENCE North 820 24' East 1816.07 feet to an iron rod set I
for a corner of this tract;
THENCE South 87' 39' East 1808.57 feet to an iron rod set
for a corner of this tract;
THENCE South 0° 40' East 1337,0 feet to in iron rod set for
a corner of this tract;
THENCE South 810 10' East 1671.0 feet to an iron rod set in
the West R.O.W. line of F. M. Highway 835 for a corner, of this
tract;
THENCE South 0° 31' East along the West R.O.W. line of F. M.
Highway 835, 747.02 feet to a 1" iron pipe set for the South-
east corner of this tract;
THENCE North 67` 38' West 920.5 feet to a 1" iron pipe set
for a corner of*this tract;
THENCE South 89° 28' 45" West 653.8 feet to a 1" iron pipe
set for a corner of this tract;
THENCE North 790 32' West 1754.0 feet to a 1" iron pipe set
for a corner of this tract;
THENCE South 790 30' West 725.4 feet to a 1" iron pipe set
for a corner of this tract
THENCE North 76° 36' 45" West' 1025.8 feet to a 1" iron pipe
set for a corner of this tract;
THENCE South 23° 17' West 796.4.fee
BEGINNING; t to the place of
Containing 170.517 acres of land..
i
TRACT 17
Beingall of Section 1 Block
, B, Lubbock County, Texas,
except the areas used for highway purposes and except '
that par : of*said Section 1 owned by J. Frank Gray and
Wy._iie Hudi:l3n; > and the Southwest One-fourth (stl 1/4) of
Section 2, Block B, Lubbock County, Texas, except that
po=tion thereof containing about fifty-three (53) acres
lying North of.the Fort Worth & Denver RailwayCon an
right of �y; and all of that part of Section Eleven (
��(11),
Block B, owned by CITY and descr.,bed as follows, to -wit:
BEGINNING at a point in the Northwest corner of said
Section 11;
THENCE South along its West line 1427 feet to a point;
THENCE East 1176 feet;
THENCE clo=th 427 feet;
THENCE West along the North line of said Section 1176
feet to the Place of�Le inning.
Containing approximately 470 acres.
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61 C1LA1_YY1_11
. �e,
ANNUAL FARMING OPERATION PLAN
This Farming Operation Plan is submitted for concurrence by the City of
Lubbock In accordance with the management agreement between the City of
Lubbock and Standefer and Gray, Inc. The proposed plan of operation for
the Waste Water Disposal Farm is to change the operation from a row crop
and hay operation to a hay and grass operation with custom grazing.
Since none of the tillable land is In permanent grass, it will be
necessary to make this change over a several -year period of operation.
The basic plan for the crop -year 1986-87 is as follows:
Row Crops 660 Acres
Alfalfa 750 Acres
Wheat 940 Acres
Grass 450 Acres
Acreage of each crop may vary as influenced by weather conditions.
The labor force to dispose of the waste water and perform the necessary
farm work will consist of eight full-time employees and two part-time
employees. Additional employees may be necessary for short periods.
ESTIMATED COSTS OF OPERATION
Permanent Employees
$140,000
Seasonal Labor
$ 20,000
Equipment Leases
$ 10,000
Custom Services
$ 15,000
Seed
$ 50,000
Herbicide
$ 15,000
Pesticide
$ 10,000
Fuel
$ 45,000
Utilities
$100,000
Irrigation System Repair
$ 45,000
Equipment Repair
$ 45,000
Equipment Leases
$ 10,000
Improvements Repair
$ 10,000
Insurance
$ 30,000
Supplemental Feed
$ 10,000
Management Services and Equipment
$135,000
TOTAL COST $690,000
The cost of land rental Is not included in this figure since additional
land has not been rented. Adjustments to the expenses will be made If
additional land is rented.
-2-
ESTIMATED GROSS REVENUE FROM THE OPERATION
Row Crop $105,000
Alfalfa $225,000
Grazing $245,000
Miscellaneous Income $ 35,000
TOTAL $610,000
We propose an even exchange for the labor and equipment furnished In
land preparation and seeding of wheat and grass prior to October 1st in
exchange for the labor and equipment necessary to harvest the crops that
are presently growing. The City will pay for the seed and herbicides
for the crops planted before October 1st.
No major improvements that would be constructed by Standefer and Gray,
inc. are planned for the 1986-87 crop year.
Adjustments will_ be made to this plan as are necessary for the
satisfactory disposal of the waste water and as may be necessary as the
result of weather conditions.
CiTY OF UBBOCK STANDEFER & GRAY, INC.
BY: BY
a uel W. Wahl J.F. Gray, Presiden
Director of Water Utilities
-3-