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HomeMy WebLinkAboutResolution - 101068F - Lease Agreement - Dorman G. Purdy - LP&L, Holly Avenue Generating Station - 10_10_1968KJ:EW 6 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 issued to DORMAN G. PURDY, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall consti- tute and be a part of this Resolution as if fully copied herein in detail. 'p9ccg-A h., +lhc r:+­ !+ .« :, it : _ _ - ' _r , Jr., City tK_#6rney LEASE AGREEMENT THE STATE OF TEXAS i . i KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK i This agreement of Lease entered into this _rday of OCT ! . 1968 by and between the City of Lubbock, a Horne Rule Municipal Corporation, herein- after,'called "CITY" and Dorman G. Purdy, hereinafter called "LESSEE". WITNESSETH: The City of Lubbock does by these presents, lease and demise unto the said Dorman G. Purdy, subject to the conditions stated below, the following described property: 11.43 acres of land situated in the Southeast corner of Section 4, Block S, G. C. & S. F. Railway Company Survey, Lubbock County, Texas; and within the fenced boundaries of the Lubbock Power & Light, Holly Avenue Generating Station. Said tract is bounded by U. S. Highway 84, on the North; Holly Avenue Generating Station on the West; the fence enclosing the Lubbock Power & Light offices on the East; and on the South by the South property line fence of the -Holly Avenue Generating Station. 1. The term of this lease shall be for a period of one (1) year from the execution of this lease. Lessee shall have the right to extend the lease for addi- tional one (1) year periods by giving notice to the City of such desire before the expiration of the existing lease period. Such extension, whether one or more, shall be upon the same conditions and terms as the original agreement unless otherwise amended. 2. The use permitted hereunder shall be for the growing of grain crops which shall not exceed four feet in height at maturity. It is understood and agreed that the grain crops grown hereon shall be harvested for use off the leased premises and no feeding or grazing of livestock shall be permitted on the prom- ises. S. The consideration of this ,cease shall be the agreement by Lessee to mow, cut or otherwise clear or remove, weeds and grass along and eitle r side of the exterior fences enclosing the Holly Avenue Generating Station property as well as the North -South cross fence within such property. The work performed shall be in a manner acceptable to the City and Lessee shall hold the City harmless and free from any liability for damages resulting r from such act, including damage to adjoining property of City or other property owners in the event the weeds are controlled by chemicals. 4. The City shall not be liable to Lessee for damage to the property, person- r or crops of Lessee or to his employees or invitees or their property. 5. The City may terminate this lease at any time within the original or extended term upon written notice to Lessee sixty (60) days before the date such termination is to be effective. Upon termination, cancellation or expiration of this lease, Lessee shall remove any and all equipment or machinery from the leased premises and return the premises to the City in substantially the same f.. condition it was in upon entrance thereon and further, upon such event,. the City shall not be liable to Lessee for any crops thereon, either growing or harvested. 6. It is understood and agreed that no further rights in and to the leased premises are implied or intended except as stated above. EXECUTED this IO—flay of OCT s I968. CITY C OF LUBB MA By; , W. D. ROGER , YOH ATTEST:.. -L.aven a Lowe, tit Seer taryTreasurer LESSEE: APPROVED; DORMAN G. PURDY , Fred.O. Senter, Jr., 2502 • 59th Street City Attorney Lubbock, Texas THE STATE OF TEXAS Q COUNTY OF LUBBOCK 4 BEFORE ME, the undersigned authority, a Notary Public in and for said County. Texas, on this day personally appeared W. D. ROGERS, JR.. known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the some as the act and deed of the CITY OF C LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1968... (SEAL) Notary Public. Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK . BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DORMAN G. PURDY, known to men to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1968. IREATA