HomeMy WebLinkAboutResolution - 1888 - Agreement - KF Thiel & Sons - Farmland, LIA - 12/13/1984Resolution #1888
December 13, 1984
Agenda Item #23
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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 an Airport
Agricultural Agreement between the City of Lubbock and K. F. Thiel and
Sons, 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 13th day of December , 1984.
ALAW ENRY, MAYOR
ATTEST:
Kanettf -boyo, city Secretary
APPROVED AS TO CONTENT:
Mar n 2 Coffee, Direklor of Aviation
APPROVED AS TO FORM:
Michele art, Assistant City Attorney
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AIRPORT AGRICULTURAL CONTRACT
This Agreement, entered into at Lubbock, Texas by and
between the City of Lubbock as Lessor, hereinafter referred to as
"City," and K. F. Thiel and Sons, hereinafter called "Lessee."
WITNESSETH:
WHEREAS, the City owns and operates a public airport
designated as Lubbock International Airport herein called
"Airport," and
WHEREAS, the City of Lubbock owns the following described
tracts of land comprising a part of the Lubbock International
Airport property, and has determined that said land should be put
to a productive use, and
WHEREAS, the City reserves the right to take any action it
considers necessary to protect the aerial approaches of the
Airport against obstruction, together with the right to prevent
the Lessee herein and all other persons from erecting, or
permitting to be erected, any building or other structure on
Airport property which, in the opinion of the City, would limit
the usefulness of the Airport or constitute a hazard to aircraft,
and
WHEREAS, during the time of war or national emergency the
City shall have and hereby retains the right to enter into an
agreement with the United States Government for military or naval
use of part or all of the landing area, the publicly owned air
navigation facilities, and other areas or facilities of the
Airport, and if any such agreement is executed the provisions of
this Instrument, insofar as they are inconsistent with the
provisions of the Agreement with the Government, shall be
suspended or terminated, whichever, in the Judgment of the
Governing Body of the City of Lubbock and the Government, shall
be deemed necessary, and
WHEREAS, this Agreement shall be and is hereby made subor-
dinate to the provisions of any existing or future agreement
between the City and the United States relative to the operation
or maintenance of the Airport, the execution of which has been or
may be required as a condition precedent to the expenditure of
Federal funds for the development of the Airport, and
WHEREAS, all rights, privileges or interest acquired herein
by the Lessee or other persons, at the option of the City,
following written notice of thirty (30) days, may be suspended or
terminated, if such suspension or termination is found by the
City, acting in good faith, to be necessary for the development
of the Airport, or for the development and promotion of aeronau-
tical operations thereon;
NOW THEREFORE, in consideration of the premises, covenants
and upon the terms and conditions herein contained, City hereby
leases to Lessee for the term of five (5) years beginning January
1, 1985 and ending December 31, 1989, and from year to year
thereafter for a maximum of ten (10) years unless written notice
to terminate is given by either party to the other at least
thirty (30) days prior to the beginning of the succeeding lease
year, the land, facilities and premises, situated in Lubbock
County, Texas, as designated in Exhibit "A" attached herewith and
thereby made a part of this Agreement for all purposes.
1. The acreage and location of land covered by this Lease
can be changed as needed due to future land acquisition and
development by a writing including the changes signed by the
Director of Aviation and the Lessee. Such writings shall be kept
on file at the office of the Director of Aviation.
2. Lessee agrees to go upon the above described land, and
shall faithfully and promptly in a farmerlike manner, at the
seasonable 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, hiring all necessary labor and supplying
all necessary materials to keep all the growing crops free from
damage from weeds and grass and to chop all cotton planted on
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said land, and shall gather, harvest and market said crops.
Lessee agrees to provide and pay all costs of insecticides,
dessicants and defoliation.
3. 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 cultiva-
tion is commenced.
4. Lessee agrees that none of the tillable land will be
allowed to lie out or be taken out of production without the
consent of City in writing signed by its Director of Aviation at
Lubbock, Texas.
5. 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 notify 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, such consent of City to be in writing signed by its
Director of Aviation at Lubbock, Texas.
6. Lessee agrees 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 to allow no volunteer crop of any kind to mature on
said land.
7. Lessee agrees that as the crops are gathered from any
of 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 prepare it for
cultivation for the following year; and that no crops which would
not ordinarily be harvested before the termination of the last
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year of this Lease shall be planted without the consent of the
City in writing signed by its Director of Aviation at Lubbock,
Texas, and any crops growing on said premises in violation of
this provision shall revert to City as its absolute property,
together with any plowing or work done by Lessee without the
written consent of City as above provided.
8. Lessee agrees to pay to the City of Lubbock, Texas rent
in accordance with the following schedule:
A. One-third (1/3) of all grain produced.
B. One fourth (1/4) of all cotton produced.
C. One-third (1/3) of all Government payments for
grain acreage diverted in accordance with Govern-
ment conservation programs.
D. One-fourth (1/4) of all Government payments for
cotton acreage diverted in accordance with
Government conservation programs.
E. Cash rent as may be negotiated from time to time
on other crops.
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 with the seed therefrom, and shall deliver to the said
City at any city designated elevator one-third (1/3) of all
grain, feed-stuff, 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 Lubbock International
Airport on the same day as the same is sold, or as soon as
practicable thereafter.
9. Lessee agrees to keep all fences, 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 his agents and the
elements or act of God excepted. And, if the buildings be
destroyed or so damaged that they cannot be repaired except by
substantially rebuilding them, City 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 City, it being accepted that any improve-
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ments placed thereon contrary hereto shall become the property of
City and shall not be removed by Lessee, in whole or in part.
10. The Lessee shall procure and carry with insurers,
authorized to do business in the State of Texas and satisfactory
to the City, and at its own expense, insurance in the form and
amount hereinafter stated on the said property, together with
such other forms of insurance necessarily required by the City,
dating from effective date of this Lease. Such insurance
policies shall provide that loss, if any, shall be payable to the
City for the account of the Airport Revenue Fund and shall be in
the sum at least equal to the interests of the City in said
property. The Lessee shall keep the said property so insured,
free of cost to the City, during the term of this Agreement.
REQUIRED INSURANCE: Fire, Windstorm, Extended Coverage in
the amount of $2,000.00 on building 13 and in the amount of
$6,000.00 on building IT -4001.
11. City reserves the right to go upon said premises at any
time and to survey, lay off contour lines, build terraces and
drill wells, construct and maintain water and other utility
lines, and to make any improvements it sees fit, and should
Lessee fail or refuse to properly tend, cultivate and harvest the
crops on said land, City shall have the right to enter upon said
land and hire sufficient labor for that purpose, the cost of
which shall be repaid to City out of the portion of the crops
belonging to Lessee.
12. 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 premises and handle same in any manner that may to it seem
right and proper.
13. Lessee shall not have the privilege of pasturing or
selling the stalk or stubble field for pasturage and shall not
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pasture any of the fields at any during the term of this Lease
except with the written consent of City, and in the event that
stock are found grazing in the fields in violation thereof, it
shall be lawful for City or its agent to cancel this Lease and to
enter said premises and remove all persons therefrom and take
possession thereof as liquidated damages, and any claim for
damage by virtue of such entry by City is hereby expressly waived
by Lessee.
14. Lessee agrees 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
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.
15. In case of sale of said premises during the occupancy
by Lessee hereunder, and purchaser desires possession, Lessee
agrees to surrender the same at once upon receipt by him 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 the calendar year that has passed, the value to be
determined by three disinterested parties, one to be selected by
City, one by Lessee and the two to choose a third, and their
decision as to value shall be binding.
16. In the event Lessee fails or refuses to keep and
perform any covenant or condition of this Contract in the time
and manner herein stated, the City shall have the right, without
notice or demand, to declare this Contract null and void and
enter and take possession of said 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.
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17. 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
said County and subject to the right of City 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 City, its agents, successors and assigns.
18. Except as otherwise provided herein, this Contract and
all rights, claims and demands created thereby or resulting
therefrom shall be performed at the City Hall in Lubbock, Texas.
19. Lessee shall have and is hereby given the right to use
the four (4) existing City owned irrigation water wells, it is
understood and agreed that Lessee shall provide the pumps and
motors for the operation of said wells. Lessee may drill
additional water wells on the tracts of land herein described for
the limited purpose of irrigating crops grown thereon, and it is
strictly understood that said wells shall be drilled at locations
designated by the Director of Aviation of the City of Lubbock,
without cost to the City, and that all wells drilled on said
tracts shall be the property of the City, except that all motors
and pumps used thereon are and shall remain the property of and
shall be removable by Lessee, and City shall assert no claim
thereto.
20. Lessee agrees to keep adequate records and books of
account, to be open at all reasonable times for inspection by the
Director of Aviation and all other duly authorized agents of the
City, and to annually render to the City 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 of sale price thereof.
21. Lessee shall not transfer or assign this Agreement or
any privilege hereunder, and shall not assign or sublease or in
anywise encumber any part or all of the premises leased hereby,
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either voluntarily or involuntarily, without the prior written
consent of the Airport Board. If Lessee, without securing such
prior written consent, attempts to effect such a transfer,
assignment, sublease or encumbrance, or if a transfer occurs by
operation of law, the Airport Board may terminate this Agreement
upon ten (10) days notice to the Lessee.
22. The taxiways, runways and adjacent safety areas of the
Airport shall not be used by the Lessee or any agent, servant or
employees of the Lessee as a passage or roadway for any tractor,
plow, implement or other vehicle of any character, and shall not
otherwise enter in or upon these areas or park any equipment or
vehicle upon said areas.
23. No irrigation ditch shall be placed in such close
proximity to a taxiway, runway or safety area so that the
foundations thereof or surface may be flooded or weakened by
water seepage, and no irrigation ditch shall be constructed at
any location unless expressly approved by the Director of
Aviation.
24. Lessee agrees to conduct farming operations in accor-
dance with Airport safety and security rules, regulations and
procedures that apply or may apply in the future to the areas and
authorizations granted herein.
25. The Lessee covenants that during the time this Agree-
ment 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
to the landing strip areas and taxiways.
26. Lessee agrees to indemnify, defend and forever same the
Airport Board and.City, their authorized agents, representatives
and employees harmless from and against any and all penalties,
liability, annoyances or loss resulting from claims or court
action of any nature arising directly or indirectly out of any
acts or omissions of the Lessee, his agents, servants, guests,
employees or business visitors under this Agreement.
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27. 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-third
(1/3) of any agreed fertilizing on all other crops. The parties
agree that a Letter Agreement outlining the fertilizing program
and its maximum monetary limitations shall be executed annually
prior to commencing any fertilizing operations. The parties
further agree that the City's share of agreed fertilizing
operations shall be deducted from rentals owed by Lessee to the
City in each and every year throughout the term of this Contract
for any extension thereof.
28. The Lessee, its agents and employees will not discrim-
inate against any person or class of persons by reason of sex,
race, color, creed or national origin in providing any services
or in the use of any of its facilities provided for the public,
in any manner prohibited by the Federal Aviation Regulations.
The Lessee further agrees to comply with such enforcement
procedures as the United States might demand that the City take
in order to comply with the Sponsor's Assurances (City).
Lessee agrees to not discriminate against any employee or
applicant for employment because of race, creed, color, sex or
national origin. The Lessee agrees to take affirmative action to
insure that applicants are employed and that employees are tested
during employment without regard to their race, creed, color, sex
or national origin. Such action shall include, but not be
limited to employment, upgrading, demotion or transfer, recruit-
ment, layoff, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
The Lessee will conduct its activities and operate its
facilities in accordance with the requirements of Section 504 of
the Rehabilitation Act of 1973 and will assure that no qualified
handicapped person shall, solely by reason of his or her handicap
be excluded from participation in, be denied the benefits of, or
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I a,
otherwise be subjected to discrimination, including discrimina-
tion in employment, under any program or activity of the Lessee.
Executed this �._ day of r_t_r,.,,�i4.�� , 1984.
CITY OF LUBBOCK:
BY:
ALAN HENR , MAY
ATTEST:
Jane
Ra Boyd
City Secretary
APPROVED ---AS TO CONTENT:
IL
�26A In?,< -
Mar in Coffee
Director of Aviation
APPROVED AS TO FORM:
Mich'g'le Hart / V
Assistant City Attorney
LESSEE:
K. F. THIEL & SONS
BY :_4z,---�. 9p
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