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Home My WebLink AboutResolution - 353 - Lease Agreement- CNJ Dental Building Corp. Et Al-Portion 50Th St Water Tank Site - 11/29/1979r JWF:pg RESOLUTION 4353 - 11/29/79 RESOLUTION 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 Lease Agreement (as Lessor) with CNJ Dental Building Corporation, E. Nelson Nichols, Clifford J. Breaud, and James M. Reynolds as Lessees attached herewith which shall be spread upon the minutes of the Council and as spread upon the munutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this29th day of November 1979.' - ' r VK EST, MAYOR ATTEST: ;V-el,�n Gaffga, City S r -Treasurer I1PRROVED AS TO'�6ONTENT: _r K fit— APPROVED Denzel Pefof Public Services AS TO FORM: J. 7rth Fullingim, Asst. City Attorney �1 •ti9 . i LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § RESOLUTION X6353 - 11/29/79 This agreement entered into as of January 1, 1980 by and between the City of Lubbock, a home rule municipality located in Lubbock County, Texas, herein called "Lessor", and CNJ Dental Building Corporation, E. Nelson Nichols, Clifford J. Breaud, and James M. Reynolds, hereinafter collectively called "Lessees", in consideration of the mutual agreements continued herein to be kept and performed by the Parties hereto do hereby contract and agree as follows: I. Lessor hereby leases unto Lessees for a term of ten years beginning January 1, 1980 and ending December 31, 1989, the following described tract of land: Description of a parcel of land out of Section 16, Block B, Lubbock County, Texas (Part of the 50 Street Water Tank Site): BEGINNING at the Southwest corner of Lot 1, Folly Addition to the City of Lubbock, Lubbock County, Texas, said corner being 45.00 feet North of and 429.00 feet West of the Southeast corner of Section 16, Block B, Lubbock County, Texas; THENCE West along the North right-of-way line of 50th Street a distance of 55.00 feet; THENCE North a distance of 214.00 feet; THENCE East a distance of 55.00 feet to the Northwest corner of Lot 1, Folly Addition; THENCE South along the West line of Lot 1, Folly Addition a distance of 214.00 feet to the place of beginning. Said tract of land is a part of a larger tract of land being platted by Lessor (as owner) pursuant to the platting statute of the State of Texas known as Article 974A, V.A.C.S., said larger tract will be known as Lots 13-17 (inclusive), Fry Addition to the City of Lubbock, Lubbock County, Texas, and after such platting is complete, the said smaller tract hereinabove described by metes and bounds can be appropriately described and known as the East 55.00 feet of Lot 17, Fry Addition to the City of Lubbock, Lubbock County, Texas. II. Lessees shall pay $150.00 per month in advance to Lessor as a rental for the lease of the land herein concerned during the ten year term of this lease, the first payment being due contemporaneously with the execution of this lease as of January 1, 1980 and on the first day of each succeeding month thereafter during the said term of this lease. III. The purpose for which the land is to be used is a parking lot for vehicles as an ancillary use to an office building operated by Lessees on adjacent property owned by Lessees. IV. Lessees shall pay for the cost of paving for the parking lot which shall cover about forty feet of the land, and which shall provide parking for approxi- mately 16 vehicles. Lessees shall provide an entrance from 50th Street to area herein leased circulating through such area and opening access to the alley thereby allowing circulation of traffic off 50th Street back into the paved driveway East of Lessee's present building. Lessees shall maintain such paving (also) in satisfactory condition for vehicular use. V. Lessees (at their expense) shall landscape and maintain during the life of this lease the remainder of said Lot 17 not herein leased and the parkway in front of said Lot 17, which parkway is located on 50th Street, in a manner and subject to approval of Lessor. VI. Lessor retains the right to keep, patrol, maintain, repair, reconstruct its water tower located on adjacent land owned by Lessor, and all its existing water department facilities and equipment in connection therewith, and Lessees at all times and seasons grant and reserve unto Lessor ingress, egress, and regress for Lessor, its agents, servants, representatives, and officials for such purposes upon, and over the premises herein leased. Lessee shall have access to the remainder of the aforesaid Lot 17 referred to in Section V above to the end that Lessee can properly landscape and maintain said remaining part of said Lot 17. VII. Lessees shall, at its expense, move, or cause to be moved, the fence from the East side of the property to the West side of the property (herein leased), said moving to be accomplished as expeditiously as possible to avoid security risks to Lessor's water tower located nearby. VIII. Lessee shall save Lessor harmless and indemnify and defend Lessor against any and all claims and lawsuits arising out of or in any manner connected with the operation and use of the leased premises by Lessee, its agents, servants, representatives, customers, or invitees. E All improvements placed on leased premises by Lessees shall become property of Lessor upon termination of this lease by whatever cause. X. This lease cannot be assigned in whole or in part by Lessee except upon the express written permission to such assignment by Lessor. XI. This lease may be cancelled and terminated by Lessor for non-payment of rent or failure of Lessee to keep and perform any of its agreements herein contained, such termination to be in the form of 30 days written notice by Lessor delivered or mailed to last known address of Lessee. Executed as of the date first above written in Lubbock, Lubbock County, Texas. City of Lubbock (Lessor) By: DM WEST, MAYOR ATTEST: Edelyn Gaffea, City Seefefarreasurer APPROVED AS TO CONTENT: _rDe'� ee 1 esu Denzel Percifull, Dir. of Public Services APPROVED AS TO FORM: 41 J. W ullingim, Asst. City A r h rney CNJ Dental Building Corporation ./J f � Pre dent f E el on Nichols :Tames M. Reynolds THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority, on this day personally appeared Dirk West, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he exed.ired the same for the purposes and consideration therein expressed, and in tfie" ca�iaG'it3� therein stated as the act and deed of said City. GIVEN'.UNDER MY HAND AND SEAL OF CE, this the-, day ofy� 1979. Notary P b ic, Lubbock Lbunty, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK § Before me, the undersigned authority on this day personally appeared rc\. '(�,.t , President of CNJ Dental Building Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed, and in the capacity therein stated as the act and deed of said -Corporation. GIVE14 UNDER MY HAND AND SEAL OF OFFICE, this the \1:�'day of—S). , 1979. Notary Publi , LubboW County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority, on this day personally appeared E. Nelson Nichols known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and 'consideration therein expressed. GIVEN -i7NDER MY HAND AND SEAL OF OFFICE, this the lq day 1979. W Notary Public, Lubboc ounty, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority, on this day personally appeared Clifford J. Breaud, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the q-s-INday of�, 1979. Notary Public, Lubbock ounty, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority, on this day personally appeared James M. Reynolds, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the \°l�'day of , 1979. - Notary Public, Lubbo-W County, Texas