HomeMy WebLinkAboutResolution - 2150 - Lease Agreement - Benton Oil Company - Portion Of Well #16, Sec 7 Block A - 09_26_1985Resolution #2150
Agenda Item #25
September 26, 1985
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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 between the City of Lubbock and Benton Oil Company, 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 26th day of September , 1985.
ALA HE RY, MAY R
� ATTEST:
Ranet e Boyd, City Secretary
APPROVED.AS TO CONTENT:
Tom Nivens, Right -of -
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
Resolution #2150
LEASE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS AGREEMENT entered into as of the 26th day of
September , 1985, by and between the CITY OF LUBBOCK,
TEXAS, a Home Rule Municipality located in Lubbock County, Texas,
herein called "Lessor," and BENTON OIL COMPANY, INC., a Texas
Corporation, herein called "Lessee,"
WITNESSETH:
FIRST: That upon the terms and conditions herein contained,
Lessor hereby leases to Lessee for a term of FORTY (40) YEARS,
beginning on the 26th day of September , 1985, and
ending not later than the 26th day of September
2025, the following land and premises, to -wit:
BEGINNING at a point in the Southwest R.O.W. line of Clovis
Road which is also the Northwest corner of Lot 26, Block 3,
Riceland Addition to the City of Lubbock, Lubbock County,
Texas;
THENCE South along the West line of said Lot 26 a distance
of 130.78' to a point in the Northeast line of a 15' alley;
THENCE N. 56055' West along the 15' alley a distance 71.39'
to a point;
THENCE N. 33*05' East a distance of 109.40' to the POINT OF
BEGINNING.
SECOND: That Lessee agrees to pay Lessor as rent, the cash
consideration of FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($450.00)
per year, said sum being due and payable on the effective date of
this Lease, being the 26th day of September , 1985,
and on the same day and month of each successive year thereafter
that this Lease remains in effect. However, the sum which Lessee
agrees to pay Lessor as rent in said successive years shall be
increased by TWENTY-TWO AND 50/100 DOLLARS ($22.50) each such
year.
THIRD: Lessee agrees and covenants, at its own expense and
at all times during the existence of this Lease, to maintain the
premises and any improvements and appurtenances thereon in a good
state of repair, reasonable wear and tear excepted, and to
peacefully surrender possession of the premises unto the. Lessor
upon termination of this Lease in as good a condition as when
this Lease was executed, reasonable wear and tear excepted.
Lessee further agrees and covenants that any permanent improve-
ments and appurtenances placed on the premises by the Lessee
shall become the property of the Lessor when this Lease termi-
nates and shall not be removed by the Lessee, in whole or in
part.
FOURTH: Lessee agrees and covenants that it will not dump
trash, debris, junk or similar substances on the demised premises
or suffer, permit, allow or cause the same to be done.
FIFTH: Lessee shall pay all utilities of whatsoever kind or
nature that are provided to the premises and covenants not to
suffer, permit or allow any utility bills to become a charge,
encumbrance or lien upon said premises.
SIXTH: Lessor shall not be liable to Lessee or to Lessee's
employees, visitors or guests for any damages to property or
injury to any person due to excavations, defective construction
or inadequate maintenance of the premises or any structures or
appurtenances thereon, and Lessee accepts said premises as
suitable for the purposes for which the same are leased, waives
any existing defects thereon and agrees to hold the Lessor
harmless from all claims for any such damage.
SEVENTH: Lessee shall not sublease or assign this Lease, in
whole or in part, without the written consent of the Lessor.
EIGHTH: In the event the Lessee either fails or refuses to
perform any of the covenants contained herein in the time and
manner stated, Lessor in his discretion may enforce the perfor-
mance of this Lease in any manner provided by law or, upon
written notice to Lessee and the Lessee's failure to cure within
ten (10) days after receiving said notice, may declare such Lease
forfeited. In the event of forfeiture, the Lessor's agent or
attorney shall have the right, without further notice or demand,
to re-enter and take possession of said premises without being
guilty of trespass, and without prejudice to any other remedies
the Lessor may have for the collection of rents or the enforce-
ment of this Lease. The Lessor's failure or refusal to exercise
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any right herein granted by reason of the Lessee's failure or
refusal to perform any condition, covenant or agreement herein
contained shall not be construed as a waiver by the Lessor of any
rights said Lessor may have for any subsequent breach of a
condition, covenant or agreement to be performed by the Lessee.
EXECUTED this 26th day of September , 1985.
THE CITY OF LUBBOCK, TEXAS, BENTON OIL COMPANY, INC.,
LESSOR LESSEE
BY: BY:
ALAN 4RY, OR BUDDY FORBUS
ATTEST:
Rane to Boyd, Ci�WS.�,rtary
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