HomeMy WebLinkAboutResolution - 3019 - Lease Agreement - TPWC - Mackenzie State Park - 01_26_1989ii
Resolution /13019
January 26, 1989
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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 Agree-
ment by and between the City of Lubbock and Texas Parks and Wildlife Commis-
sion, 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 January 1989
e. Q
'B. C. McM N , MAYOR
ATTEST:
, pity aecrevary
APPROVED AS TO CONTENT:
Lee Tsborn, Director of Parks and
Recreation
APPROVED AS TO FORM:
%Lt
Darold Willard, Assistant City
Attorney
Res. #3019 1
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THE STATE OF TEXAS 5
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK $
That the following agreement made and entered into, by and
between the STATE OF TEXAS, acting in its behalf by the Texas
Parks and Wildlife Commission, through Charles Travis, Chairman
of the Texas Parks and Wildlife Commission, hereinafter referred
to as "State", and the CITY OF LUBBOCK, TEXAS, a home rule
municipality, acting by and through its duly authorized Mayor,
and hereinafter called "City",
W I T N E S S E T H
That for and in consideration of the sum of One and No/100
($1.00) Dollar cash in hand paid, the receipt of which is hereby
acknowledged and confessed, and as authorized by Section 13.006
of the Texas Parks and Wildlife Code, State does hereby lease to
City, for park purposes only, the land presently known as
MacKenzie State Park and all improvements thereon, located and
situated in the County of Lubbock and State of Texas, for an
initial term of fifteen (15) years, beginning the 1st day of
March, 1989 and terminating on the 28th day of February, 2004.
However, this lease shall be automatically renewable for a five
(5) year term at the end of the initial term and every five (5)
years thereafter unless either the City or State shall give the
other party to this agreement written notice to the contrary
prior to the expiration of such initial term or any such five (5)
year extension.
It is mutually agreed and understood by and between both
parties hereto that City may operate or grant concessions on the
said hereinabove described property during the initial term of
this lease and during any extensions, and that City is to receive
all rentals and revenues derived from said concessions to assist
City in the upkeep and maintenance of the said hereinabove
described property as a public park.
City agrees to operate said hereinabove described property
as a public park in a manner that will be acceptable to State,
and in strict accordance with the laws regarding public parks of
the City of Lubbock. This agreement applies to all municipal
laws, rules and regulations now existing or as hereafter amended,
and any other municipal laws, rules and regulations that may be
promulgated while this agreement remains in effect.
City further agrees, binds and obligates itself to keep the
said hereinabove described property in a clean and sanitary
condition, and maintain all plants, trees, grasses and
improvements thereon.
City agrees to make capital improvements on said hereinabove
described property which, in its opinion, will enhance the value,
patrons' use, or revenue of said public park.
State agrees that any improvements that may be placed on
said hereinabove described property by City in the future are,
and shall be, the personal and removable property of the City.
It is mutually agreed and understood by and between both
parties hereto that if any of the conditions of this agreement as
hereinabove set out are breached, or if the City affirmatively or
by inference abandons use of the property as a public park, this
lease agreement shall be null and void, and the acres of land
covered by this agreement will automatically revert to the Texas
Parks and Wildlife Commission as a State Park of the State of
Texas.
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This contract executed in duplicate originals this the
26th day of January 19 89
TEXAS PARKS AND WILDLIFE COMMISSION
BY:
Charles Travis, Cha rman
THE CIITY OF LUBBOCK
B. C. o-
MdMINN, MAYOR
ATTEST:
Rangtte Boyd, City 51e�6retary
APPROVED AS TO CONTENT:
Lee Osborn, Director of Parks
and Recreation
APPROVED AS TO FORM:
,Harold Willard, Assistant City
Attorney
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, a Notary Public in and
for Travis County, Texas, on this day personally appeared Charles
Travis, Chairman of the Parks and Wildlife Commission of the
State of Texas, 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 Parks and
Wildlife Commission of the STATE OF TEXAS, for the purposes and
consideration therein expressed and in the capacity herein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
. 1989.
Notary Public, Travis County,
Texas
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I
THE STATE OF TEXAS §
COUNTY OF LUBBOCK 6
BEFORE ME, the undersigned authority, a Notary Public in and
for Lubbock County, Texas, on this day personally appeared B. C.
McMINN, 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 CITY OF LUBBOCK, TEXAS, and
as Mayor, for the purposes and consideration therein expressed
and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 196 day of
1989.
Rota Public, Lubbock County,
Texas
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NOVEMBER
` OLIVIA R. tiW§
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