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1630 & 1638 Brumlow Ave., 2020 - Farm and Grazing Lease FARM AND GRAZING LEASE This Farm and Grazing Lease (this "Lease") is entered into by and between The City of Southlake("Landlord"), and Balla C. Wright("Tenant"). Landlord and Tenant have mutually agreed that Landlord shall lease to Tenant that certain tract of land located in Tarrant County, Southlake, TX (the"Property), as more particularly described in the attached Exhibit"A," which is incorporated into this Lease for all purposes. The terms and conditions of this Lease are as follows: 1. TERM OF LEASE: This Lease shall run from June 10,2020 to June 9, 2022. 2. RENT: As rent, Tenant agrees to pay to Landlord $1.00 per year and other valuable consideration. 3. RENEWAL: This Lease will not be renewed unless agreed to in writing by Landlord and Tenant. 4. TERMINATION. Landlord or Tenant may terminate this Lease at any time with thirty (30) days' prior written notice to the other party. Any violation of the terms or conditions herein shall give Landlord the right to terminate Lease immediately upon written notice to Tenant of such violation. If termination becomes necessary for just cause, Tenant will forfeit all prepaid rent. 5. USAGE: The purpose of this Lease is to provide Tenant with exclusive grazing and cultivation rights on the Property. No other rights, such as hunting, fishing or recreational activity, etc., shall be granted or assumed during the term of this Lease. Tenant shall not cut, nor permit to be cut, any growing timber or remove, or permit to be removed, any gravel or rock deposits on the Property. Tenant shall not be permitted to make any permanent alterations, additions, or improvements to the Property. 6. CONSERVATION AND OTHER IMPROVED PRACTICES: The Property shall be operated with due regard for the conservation of resources and for improved farming practices. 7. IMPROVEMENTS AND REPAIRS: Landlord is obligated to make no improvements or repairs upon the Property. 8. PARTNERSHIP: This Lease does not give rise to a partnership. Neither party shall have authority to bind the other without the written consent of both parties. 9. NO ASSIGNMENT: Tenant shall not have the right to assign this Lease or sublet any portion of the Property without the express written consent of Landlord. 10. EXCLUSIONS and RESERVATIONS: Deleted Farce and Grazing,Lease Page 1 11. RIGHT OF ENTRY: Landlord shall have the right, in person or by agent, to enter upon the Property at any time and without restriction. Landlord and agents shall timely close any gates used to enter the property. 12. INSURANCE: Tenant agrees to keep liability 'insurance in force in an amount sufficient to cover claims arising from personal injury or property damage which may result from Tenant's employees and/or animals causing accident or injury to others. Tenant shall provide Landlord with a Certificate of Insurance showing Landlord as an"Additional Insured"on such policies. 13. INDEMNIFICATION: Tenant shall be liable to Landlord for, and agrees to indemnify and hold harmless Landlord and its employees and agents from and against, any and all suits, claims, liabilities, settlements, losses and expenses (to the extent such are not covered by the insurance policies held pursuant to Paragraph 12 above) incurred by Landlord arising out of any claim based upon acts performed or omitted to be performed by Tenant arising out of or incidental to this Lease or the use or occupancy of the Property by Tenant, including, but not limited to, injuries to third parties, or employees of Tenant and Landlord, damage to property (whether of Tenant or any third party) and any consequential or incidental damages. 14. MODIFICATIONS OF THESE AGREEMENTS. All modifications of this Lease must be in writing and signed by Landlord and Tenant. 15. CANCELLATION: In the event of a sale or non-grazing lease of all or part of the Property, or in the event that all or some portion of the Property is placed into development, Landlord reserves the right to cancel those portions of this Lease which would be affected by such sale or development, by giving Tenant thirty (30) days' prior written notice. If this Lease, or any portion of this Lease, is canceled due to a sale or development of all or part of the Property, all rents heretofore paid shall be prorated to the date of the cancellation. 16. NOTIFICATION: Any notice required or permitted to be delivered hereunder shall be deemed effective when sent to the address or telecopy number of the party to receive such notice set forth below if effected by telecopy, hand delivery, by Federal Express or other reputable courier service, or when deposited in any post office or mail receptacle regularly maintained by the United States Government, certified or registered mail, return receipt requested, postage prepaid, addressed as follows: Farm and Grazinap,Lease Page 2 Landlord: The City of Southlake Atten: Shana Yelverton 1400 Main Street, Suite 460 Southlake,TX 76092 Phone: 817-748-8001 Fax: 817-748-8010 Email: syelverton@ci.southlake.tx.us Tenant: Balla C. Wright 601 W. Wall Street Grapevine,TX 76051 Phone: 817475-5068 Fax: Email: iwright@wrightconst.com IN WITNESS WHEREOF, the parties hereto have executed and delivered this Lease on this 10th day of June,2020. Farm and Grazing Lease Page 3 ' s « "A• Landlord: The City of Southlake Atten: Shana Yelverton 1400 Main Street, Suite 460 Southlake, TX 76092 Phone: 817-748-8001 Fax: 817-748-8010 Email: syelverton@ci.southlake.tx.us Tenant: Balla C. Wright 601 W. Wall Street Grapevine, TX 76051 Phone: 817-475-5068 Fax: Email: lwright@wrightconst.com wrightconst.com IN WITNESS WHEREOF, the parties hereto have executed and delivered this Lease on this 10th day of June, 2020. LAN ORD: 0 TENANT: Farm and Grazing Lease Page 3 Exhibit"A" Legal Description BEING a tract of land situated in the Harrison Decker Survey, Abstract No. 438, and the John N. Gibson Survey, Abstract No. 591, in Tarrant County, Texas, being a portion of those same tracts of land as conveyed to Balla C. Wright, by deed recorded in Document No. D218281862, D218204717, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being all of that same tract of land as conveyed to Balla C.Wright,by deed recorded in Document No.D218204714 (D.R.T.C.T.), and being all together more particularly described by metes and bounds as follows (Bearings and distances are based on the State Plane Coordinate System,Texas North Central Zone (4202) North American Datum of 1983 (NAD 83)(US Foot) with a combined scale factor of 1.00012): BEGINNING at a 1/2-inch rebar found for the Northeast corner of tract 3 of Brumlow Industrial District, an addition to the City of Southlake,Tarrant County,Texas, according to the Plat thereof recorded in Volume 388-127,Page 89 of the Plat Records of Tarrant County,Texas (P.R.T.C.T.), same being the Southeast corner of said 3`d referenced Balla C. Wright tract,and lying on the West line of said first referenced Balla C. Wright tract; THENCE South 89 Degrees 26 Minutes 23 Seconds West, departing the West line of said first referenced Balla C. Wright tract, with the North line of said Tract 3, a distance of 592.40 feet to a 1/2-inch rebar found for the Northwest corner of said Tract 3, same being the Southwest corner of said 3rd referenced Balla C. Wright tract, and lying on the East right-of-way line of Brumlow Avenue (variable width right-of-way); THENCE North 08 Degrees 40 Minutes 37 Seconds West,with the East right-of-way line of said Brumlow Avenue, a distance of 238.71 feet to a 1/2-inch rebar with a cap stamped"ASC" set for the Northwest corner the herein described tract; THENCE North 89 Degrees 40 Minutes 23 Seconds East,departing the East right-of-way line of said Brumlow Avenue, over, across, and through the interiors of said second and first referenced Ball C. Wright tracts, a distance of 1147.17 feet to a 1/2-inch rebar with a cap stamped"ASC"set for the Northeast corner of the herein described tract, and lying on the West line of a tract of land conveyed to Balla C. Wright,by deed recorded in Document No. D219013466 (D.R.T.C.T.); THENCE South 00 Degrees 18 Minutes 35 Seconds East,with the West line of said 41h referenced Balla C. Wright tract, a distance of 811.76 feet to a 1/2-inch rebar found for the Southeast corner of said 1 st referenced Balla C. Wright tract,same being the Southwest corner of said 4'referenced Balla C. Wright tract, and lying on the North line of a tract of land conveyed to Nustar Logistics, L.P.,by deed recorded in Document No. D208041261 (D.R.T.C.T.); THENCE North 89 Degrees 52 Minutes 22 Seconds West,with the North line of said Nustar tract, a distance of 517.21 feet to a 1/2-inch rebar with a cap stamped"ASC"set for the Southwest corner if said 1 st referenced Balla C. Wright tract,same being the Southeast corner of Tract 2,of Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-127, Page 89(P.R.T.C.T.); THENCE North 00 Degrees 35 Minutes 37 Seconds West,departing the North line of said Nustar tract, with the East line of said Tract 2, and the East line of said Tract 3, passing at a distance of 424.15 feet a 5/8-inch rebar found for the Northeast corner of said Tract 2, same being the Southeast corner of said Tract 3, and continuing for a total distance of 573.90 feet to the POINT OF BEGINNING and containing a total of 563,565 square feet, or 12.938 acres of land,more or less.