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HomeMy WebLinkAboutResolution - 3776 - Lease Agreement - Cordie Duke Jeffcoat - Health Department Vehicle Parking Lot - 12_19_1991Resolution No. 3776 December 19, 1991 Item #12 JWF:dw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and between said City (as Lessee) and Cordie Duke Jeffcoat (as Lessor) for a parking lot for motor vehicles for the Health Department of said City, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 19th day of December , 1991. 1 ATTEST: e aoya, uity becretary APPROVED AS TO CONTENT: c ,1tig�it-Uf- ay Agent APPROVED AS TOO FORM: ,a, W� (1 A ` f t . or u ingim, ss stant ty At r ey l� O /JWF: dw File And Return To Ed Bucy R-O-W 35390 LEASE AGREEMENT Resolution No. 3776 December 19, 1991 Item #12 il VOL .37JS PACE 89 STATE OF TEXAS § COUNTY OF LUBBOCK § THIS LEASE AGREEMENT is entered into as of this 19th _ day of December , 1991, between Cordie Duke Jeffcoat, a feme sole, herein called "LESSOR" and the City of Lubbock, a Texas home rule municipality located in Lubbock County, Texas, herein called "LESSEE," said parties hereby contract and agree as follows: I. LESSOR, being the sole owner of Lots 2 and 3, Block 2, Dupree Addition to the City of Lubbock, Lubbock County, Texas, does hereby lease unto LESSEE said premises to be used as a parking lot for motor vehicles. II. The term of this lease shall be for one (1) year beginning January 1, 1992 and ending December 31, 1992. This lease shall be automatically renewed for a one (1) year term each year, unless LESSOR or LESSEE shall notify the other in writing on or before the first day of December of the first year, or any subsequent year of this lease to the effect that the lease is terminated. Such notice of termination shall be mailed by the terminating party by certified United States Mail addressed to the other party, being to Cordie Duke Jeffcoat, P. 0. Box 64965, Lubbock, Texas 79464 or her last known address or to the City Manager, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457, as the case may be. III. LESSEE shall pay rent for the leased premises unto LESSOR in advance the sum of $2,160.00 per year during the life of this lease, the first annual payment being due on or before January 1, 1992, and each subsequent lease payment shall be due on or before the first day of January of each subsequent year thereafter. Such payment may be made by LESSOR to LESSEE by mailing said 4 rvOL3755 PAcF 90 payment to LESSOR at the address for LESSOR shown in Section II hereof, delivered to LESSOR in person, or mailed to last known address of LESSOR. IV. LESSOR shall pay all taxes and assessments made by any governmental entity.against the leased premises in a timely manner. V. LESSEE shall maintain the premises in a good state of repair and upkeep at LESSEE's expense, reasonable wear and tear excepted. VI. During the life of this lease, if LESSOR receives an offer to buy all or part of the leased premises and LESSOR desires to make such a sale, the LESSOR shall first furnish LESSEE a copy of the written offer of the prospective purchaser stating the whole or part of the leased premises to be purchased, and the proposed purchase price therefor, and the LESSEE shall have thirty (30) days after being furnished a copy of such offer to exercise a first option to buy such property at the price offered by the prospective purchaser. If the LESSEE exercises such first option to purchase, LESSEE shall notify LESSOR of such intention within said thirty (30) day period, in writing, personally delivered to LESSOR or mailed to LESSOR by certified United States Mail to address of LESSOR as shown in Section 2 hereof, or to the last known address of LESSOR. LESSEE, after the exercise of such first option to purchase, shall be obligated to purchase said property only if LESSOR can furnish good and merchantable title to such property, free and clear of all liens and encumbrances by general warranty deed from LESSOR to LESSEE. VII.. Since lease payments are made in advance under Section 3 hereof, if LESSEE exercises the first option to purchase in Section VI hereof, then in that event the portion of the lease payment for the year of purchase shall be pro -rated, and the pro- rated amount of the lease payment for the year covering the - 2 - r vcL 3755. PAGE 91 portion of the year after closing of purchase by LESSEE, shall be applied to the purchase price of the property being purchased by LESSEE. Taxes thereunder shall be pro -rated to date of closing of such purchase. VIII. This agreement is binding upon the heirs, successors, and assigns of LESSOR and LESSEE, and is not assignable or transferable by LESSOR or LESSEE or the heirs, successors and assigns of LESSOR or LESSEE without the written consent of the other. EXECUTED as of the date first above written at Lubbock, Texas and performable in the City of Lubbock, Lubbock County, Texas. LESSOR and LESSEE both consent to the recordation of this instrument in the Official Real Property Records of Lubbock County, Texas. LESSOR: CORDIE DUKE JEFFCOA LESSEE: CITY OF LUBBOCK . C. MOMIN , MAYOR ATTEST: Rantte Boyd, City S cretary APPROVED AS TO CONTENT: SEAL Ed Bucy, Right- -Way Agent APPR VED To O C c J. twortd Fullingim, Assis nt City At ney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared the said CORDIE DUKE JEFFCOAT and acknowledged to me that she executed the above and foregoing instrument for the purposes and consideration therein expressed, this 3 day of !7£C�w. V3 fa , 1991. n ^� Notary Public in and for +c=WILSONcr the State of Texas suAL ♦ �M, C95 - 3 - a + THE STATE OF TEXAS § COUNTY OF LUBBOCK § t v0L3755 PAGE 94 BEFORE ME, the undersigned authority, personally appeared B. C. McMINN, MAYOR of the City of Lubbock, and acknowledged that he executed the above and foregoing instrument for the purposes and consideration therein expressed and in the capacity therein stated as the act an4 deed for the City of Lubbock, this /9 - day of , 1991AAA -OLIViA R. SQLISNOTARY PUBLIC. State of Texas My Commission Expires Notthe NOVEMBER 30, 1993 �� State of Texas /ll/:. llllll✓1lJ ^ll1/•/Ylll I b&agr-D4/a-jfcoat n27 H$, SEAL STATE OF TUAS COUNTY OF LUBBOCK 1 hereby certify that this h+strument was FlLEO on Q - date and at the time stamped hereon by rrfe and was duly` RECORDED in the Volume and Page of the Official Real Property Rewrd, of Lubbock County, Texas as stamped hereon by ma. DEC 27 19% 10 �Uu�* C � 444Ze t:+�r� COUNTY CLERK LU135CCK COUNTY, TEXAS - 4 - �C1G.v� ry JWF:dw File Aid Ccwin 70 Ed t3ucy R-0-Al 35390 LEASE AGREEMENT Resolution No. 3776 December 19, 1991 Item #12 V0L9755 PACE 89- STATE OF TEXAS § COUNTY OF LUBBOCK § THIS LEASE AGREEMENT is entered into as of this 19th _ day of December , 1991, between Cordie Duke Jeffcoat, a feme sole, herein called "LESSOR" and the City of Lubbock, a Texas home rule municipality located in Lubbock County, Texas, herein called "LESSEE," said parties hereby contract and agree as follows: I. LESSOR, being the sole owner of Lots 2 and 3, Block 2, Dupree Addition to the City of Lubbock, Lubbock County, Texas, does hereby lease unto LESSEE said premises to be used as a parking lot for motor vehicles. II. The term of this lease shall be for one (1) year beginning January 1, 1992 and ending December 31, 1992. This lease shall be automatically renewed for a one (1) year term each year, unless LESSOR or LESSEE shall notify the other in writing on or before the first day of December of the first year, or any subsequent year of this lease to the effect that the lease is terminated. Such notice of termination shall be mailed by the terminating party by certified United States Mail addressed to the other party, being to Cordie Duke Jeffcoat, P. O. Box 64965, Lubbock, Texas 79464 or her last known address or to the City Manager, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457, as the case may be. LESSEE shall pay rent for the leased premises unto LESSOR in advance the sum of $2,160.00 per year during the life of this lease, the first annual payment being due on or before January 1, 1992, and each subsequent lease payment shall be due on or before the first day of January of each subsequent year thereafter. Such payment may be made by LESSOR to LESSEE by mailing said (VOL3755 PACE 90 payment to LESSOR at the address for LESSOR shown in Section II hereof, delivered to LESSOR in person, or mailed to last known address of LESSOR. IV. LESSOR shall pay all taxes and assessments made by any governmental entity against the leased premises in a timely manner. ►+A LESSEE shall maintain the premises in a good state of repair and upkeep at LESSEE's expense, reasonable wear and tear excepted. VI. During the life of this lease, if LESSOR receives an offer to buy all or part of the leased premises and LESSOR desires to make such a sale, the LESSOR shall first furnish LESSEE a copy of the written offer of the prospective purchaser stating the whole or part of the leased premises to be purchased, and the proposed purchase price therefor, and the LESSEE shall have thirty (30) days after being furnished a copy of such offer to exercise a' first option to buy such property at the price offered by the prospective purchaser. If the LESSEE exercises such first option to purchase, LESSEE shall notify LESSOR of such intention within said thirty (30) day period, in writing, personally delivered to LESSOR or mailed to LESSOR by certified United States Mail to address of LESSOR as shown in Section 2 hereof, or to the last known address of LESSOR. LESSEE, after the exercise of such first option to purchase, shall be obligated to purchase said property only if LESSOR can furnish good and merchantable title to such property, free -and clear of all liens and encumbrances by general warranty deed from LESSOR to LESSEE. VII. Since lease payments are made in advance under Section 3 hereof, if LESSEE exercises the first option to purchase in Section VI hereof, then in that event the portion of the lease payment for the year of purchase shall be pro -rated, and the pro- rated amount of the lease payment for the year covering the - 2 - rVOL3755 PAGE 91 portion of the year after closing of purchase by LESSEE, shall be applied to the purchase price of the property being purchased by LESSEE. Taxes thereunder shall be pro -rated to date of closing of such purchase. VIII. This agreement is binding upon the heirs, successors, and assigns of LESSOR and LESSEE, and is not assignable or transferable by LESSOR or LESSEE or the heirs, successors and assigns of LESSOR or LESSEE without the written consent of the other. EXECUTED as of the date first above written at Lubbock, Texas and performable in the City of Lubbock, Lubbock County, Texas. LESSOR and LESSEE both consent to the recordation of this instrument in the Official Real Property Records of Lubbock County, Texas. LESSOR: CORDIE DUKE JEFFCOA LESSEE: CITY OF LUBBOCK BY: 07 C. MCMINN, MAYOR ATTEST: Ran�tteoyd, City S cretary APPROVED AS TO CONTENT: SM, Ed Bucy, Right- -Way Agent APPR700 TO O � J. rt Fullingim, Assis nt City At ney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared the said CORDIE DUKE JEFFCOAT and acknowledged to me that she executed the above and foregoing instrument for the purposes and consideration therein expressed, this _Z 3 day of C)£CFw•r(3f2 , 1991tt:. c� ,r,. Notary Public in and for the State of Texas �wneo %vusoN eucr the c� ruuc<, Aoro d 1•:aa ati M, 4mmiwi.n Eayina 11.71.OS — 3 — C rvoL3755. PACE 9r THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME; the undersigned authority, personally appeared B. C. McMINN, MAYOR of the City of Lubbock, and acknowledged that he executed the above and foregoing instrument for the purposes and consideration therein expressed and in the capacity therein stated as the act an deed for the City of Lubbock, this /9 — day of 1991. l..d..Orllrrrl�f i < < OLIVIA R. SOLIS NOTARY PUBLIC. State of Texas - ---- -- My Commission Expires ` NOt ry Publi in and for the ''.," ��• NOYEMB£R 30, 1993 State of Texas �jyllJ=lJJ�llJllA^ll!//ylll i k8agr-D4/e-jfcoat SEAL �rw M TML a a . , i•� )yr� S1DEC2� k$ STATE OF TEXAS COUNTY OF LUBBOCK 1 hereby certify that this Instrument was BLED on W Gate and at the time stamped ha aon by rife and was duty RECORDED in the Volume and Pave of the official Real Propero Record: of Lubbock Ccunty, Texes as stamped hereon by me. DEC 27 1991 d_&7 daall� COUNTY CLERX LU85XK COUNTY, TDW 4 - In consideration of the sum of Five Hundred ($500.00) Dollars Option Payment in hand paid, the receipt whereof is hereby acknowledged, the undersigned (hereinafter called the "Seller") being the owner thereof, hereby offers and agrees to sell and convey to the City of Lubbock, Lubbock, Texas (hereinafter called the "City"), or its assignee or nominee the following described property, located in the City of Lubbock, County of Lubbock, State of Texas: Lot 2 and Lot 3, Block 2, Dupree Addition to the City of Lubbock, Lubbock County, Texas together with any surplus ground adjacent thereto which by law or otherwise may be vested in Seller, upon the following terms and conditions: Upon closing, the Seller shall convey to the City or its assignee or nominee by general warranty deed a good and marketable fee simple title hereto, together with all improvements, hereditaments, and appurtenances thereunto belonging free and clear of all liens, easements, restrictions, delinquent taxes and assessments, leases and encumbrances of any kind, and waiver of homestead rights, if any, together with all of his rights, title and interest in and to any streets, alleys and passage ways drainage channel, creek and adjoining or abutting thereon. Taxes, assessments and rents, if any, shall be adjusted and prorated as of the time of closing. Possession shall be delivered to the City at the time of closing. The total purchase price shall be $ 20,000.00 All expenses of examination of title and preparation and recording the deed shall be paid by the City. Payment of the purchase price shall be made upon transfer of the title to the City. The Seller shall bear such expenses as Seller may incur in correcting any defects in the title, such correction with the acquisition of the above described property as may be approved by the City. This Five Hundred ($500.00) Dollar Option Payment will be deducted from the purchase price upon closing. If the Sales Contract is terminated after the 100 day option period, the option money will become property of Seller. This offer shall be irrevocable for a period of 100 days from the date hereof and shall remain in force thereafter until terminated by the Seller. Such termination may be! effected at any time after the expiration of such 100 day period by Seller giving 30 days prior written notice to the City of such termination. In accepting this offer the City shall endorse its acceptance hereon and mail notice thereof to the Seller at the address specified below. The City shall specify the place and time of closing, which shall be not more than 100 days after the date of execution. The Seller agrees that this offer shall not be revocable and that he will not sell, mortgage, encumber, or otherwise dispose of such property or any part thereof (including improvements) prior to said expiration date, except to the City. This agreement shall be binding upon the Seller and his heirs, executors, administrators, successors and assigns. Offer to purchase by the City shall be contingent upon approval by the City Council and funding availability through the Health Department. Any loss or damage to the property, including but not limited to fire or casualty, shall be at the risk of the Seller until title has been conveyed to the City and in the event of any loss or damage, the purchase price herein provided shall be reduced to the value of said property after the occurrence thereof and upon the date of closing. EXECUTED by Seller this 9JIA day of 4f�,j✓Fd- , 193 . CORDIE DUKE JEFFCOA P. O. Box 64965 qq Lubbock, Texas 79464 ACCEPTED this -1-(4-\ day of v5d- ED BUCY, Right f-Way Agent City of Lubbock