HomeMy WebLinkAboutResolution - 072469J - Lease Agreement - Concentric Engineering Company - NW Corner Of Section 2 Blocka - 07_24_1969IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
!cted to execute for and on behalf of the City of Lubbock a LEASE AGREEMENT
veen the City of Lubbock and CONCENTRIC ENGINEERING COMPANY attached
ewith which shall be spread upon the minutes of the Council and as spread upon
minutes of this Council shall constitute and be a part of this Resolution as if
Y copied herein in detail,
sed by the City Council this 24th day of July , 196
TTEST:
, City 13ecretary-Treasurer
PROVED:
t
d O, Senter, Jr. , Cityy orney
THE STATE OF TEXAS ) L
LEASE AGREEMENT
COUNTY OF LUBBOCK ) x
This Agreement for a Lease Assignment is made and entered
into at Lubbock, Texas, this 3rd day of July, A. D., 1969,
by and between the CITY OF LUBBOCK, TEXAS, a Texas
Municipal Corporation, hereinafter called the "City", and
CONCENTRIC ENGINEERING COMPANY, a corporation
acting herein by and through its duly authorized officer,
hereinafter referred to as "Concentric",
WITNESSETH:
WHEREAS, J. E. BOWMAN, hereinafter referred to as
"Bowman", is the owner of a tract of land located in the
Northwest Corner of Section 2, Block A, Lubbock County,
Texas, on which tract there is a caliche pit located near the
Northwest corner, with approximate dimensions of 800 feet
by 400 feet; and
WHEREAS, Concentric and Bowman have entered into a
contract dated January 16, 1969, for a period of approximately
six (6) years and nine (9) months, regarding the use of the
said caliche pit for disposal of garbage; and
WHEREAS, Concentric through its contract with Bowman
has the right of assignment; and
WHEREAS, the City desires to acquire an assignment of the
contract between Concentric and Bowman; and
NOW, THEREFORE, in consideration of the mutual covenants
and agreements herein recited, by each to be performed, it
is hereby agreed by the City and Concentric hereto as follows:
1.
{ For and in consideration of the sum of FOUR HUNDRED AND
r
N0/100 DOLLARS ($400. 00) cash in hand paid by the City to
d
Concentric, the receipt of which is hereby acknowledged
and confessed, Concentric does hereby assign the said
contract between Bowman and Concentric referred to above
in its entirety subject to the provisionsshown below.
2.
It is agreed that the City shall assume all of the obligations
of the contract between Concentric and Bowman as set forth
in the `Agreement; and Concentric shall be released of any
furthers liability thereof. The right of assignment of the
contract and release of obligations by Concentric to Bowman
is outlined in paragraph 2j of the contract.
3.
The first rental payment that will be due and payable by
the City to Bowman will be on or before August 16, 1969.
Rental payments have been made by Concentric covering
the period up to August 16, 1969.
4.
Concentric is presently submitting to the City a proposal
for a garbage processing plant that would be owned and opera-
ted by the City. If Concentric is successful in obtaining a
contract to construct such plant for the City and if there are
any circumstances under which Concentric is required to
operate the plant and landfill facility, it is agreed by the
City and Concentric that Concentric shall have a right to
use the said caliche pit as described in this contract, if it
has not been filled and if the term of the contract with Bowman
has not expired. The caliche pit would be made available to
Concentric at no cost and Concentric shall have all the rights
as outlined in the contract between Bowman and Concentric
which is being assigned.
5.
Both parties understand that no further cash consideration in
the form of rentals or otherwise shall be due by the City to
Concentric other than the aforementioned $400. 00 which has
been paid to Concentric coincident with the execution of this
agreement.
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D. H. YNew7r, Secretary
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