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HomeMy WebLinkAboutResolution - 022268F - Lease Agreement - CAB In Lubbock County, Inc. - Mae Simmons Swimming Pooler Area - 02_22_1968KJ:E W 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 AGREEM 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 22nd day of February , 1968. ATTEST: L enia Lowe, Cit Secretary -Treasurer APPROVED: �� I 1 � Fred O. Senter, Jr., City Att ey LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF LUBBOCK This agreement made this 12th day of January. 1968, by and between the City of Lubbock, a Home Rule Municipal Corporation of Lubbock, Texas, act- ing by and through its Mayor, hereunto duly authorized, herein called "Lessor", and the Community Action Board in Lubbock County, Inc., a corporation duly authorized and existing under the laws of the State of Texas, acting by and through D. M. McElroy its President, hereunto duly authorized, herein called "Lessee". WITNESSETH 1. THAT Lessor does by these presents lease and devise,unto Lessee a cer- tain building known as the Mae Simmons Party House, lying adjacent to the Southwest corner of the Mae Simmons swimming$ool area in Mae Simmons Park, said park being situated in Lubbock County, Texas, and said building more particularly described as follows, to -wit; The Southwest corner of said building being located 196, North of the centerline of East Twenty -Fourth Street and 248' West of the centerline of Quirt Avenue. The build - tag then extends 63' to the North and 22' West from this corner, and contains 1366 square feet of floor space, Including restroom facilities for both men and women. 2. This lease shall be for a term of one year from the above date, and Lessee, in consideration of the use of the above described building, agrees to pay Lessor the sum of One and No J 100 Dollars, payable in advance. S. Lessor may terminate and cancel this Lease, with or without cause, at any time after thirty (30) days notice to Lessee. 4. Lessee covenants and agrees that this Lease agreement will not be trans- ferred, assigned, or sub -let, in whole or in part. except upon written consent of the City Council of the City of Lubbock. Lessee further covenants and agrees that no permanent improvements of any kind will be affixed to said build- ing in such a manner that their removal might cause a defacing of the building, and Lessee also agrees that after termination of this lease by cancellation, lapse of time, mutual agreement of the .parties hereto, or.otherwise, that Lessee shall peacefully yield up possession of the premises in good condition except for ordi- nary wear and tear. 6. Lessee further agrees, binds and obligates itself to at all times defend, Indemnify and otherwise save harmless the Lessor. Its agents, servants, and employees of and from all claims, demands. causes of action and suits at law or in equity of whatsoever kind or nature which may arise out of or is connected In any way with the making of this Lease and the operation and use by Lessee of the Premises herein leased. 6. Lessee hereby covenants and agrees to carry public liability and property damage insurance with limits of $50, 000.00 for each person and $100.000.00 for each accident for personal injuries and $5.000.00 for each accident for pro- perty damage. all of said insurance covering the maintenance, operation. and use of the premises herein leased by Lessee, its representatives, agency, ser- vants, and employees. WITNESS OUR HANDS this ,_day ATTEST: Lavenia Lowe, City Secret -Treasurer. Community Action Board in Lubbock County, Inc. ATTEST: D. M. McEL OY, President Secretary THE STATE OF TEXAS X COUNTY OF LUBBOCK i Before me. the undersigned authority, a Notary Public, in and for said County, Texas, on this day personally appeared W. D. ROG4ERS, JR. , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the came as the act and deed of the City of Lubbock and as MAYOR for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY BAND AND SEAL OF OFFICE, this day of , 1968. (SEAL) Notary F311c, Lubbock County, Texas STATE OF TEXAS i COUNTY OF LUBBOCK X Before me, the undersigned authority, a Notary Public, in and for said County. Texas, on this day personally appeared D. M. McELROY, President of the Community Action Board of Lubbock County, Inc., a 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 as the act and deed of the Community Action Board of Lubbock County, Inc., a corporation. for the purposes and con- sideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of . 1068. (SEAL) Notary Public, Lubbock County, Texas APPROVED: Fred 0. Seater, Jr., City Attorney