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HomeMy WebLinkAboutResolution - 061071A - Lease Agreement - Camp Fire Girls - Helen Mclean Hodges Park - 06_10_1971Oet /07/4 GOL:II 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 in favor of the Lubbock Council of Camp Fire Girls, 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 an if fully copied herein in detail. Passed by the City Council this 1 day of DUNE J. IL 11 GRANBERi YOR ATTEST: 4k1l; P01(41 Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Fred O. Seater, Jr.. City Attorney LEASE AGREEMENT THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK i THIS AGREEMENT entered into between THE CITY OF LUBBOCK, a Home Rule Municipality of Lubbock County, Texas, referred to as the °`CITY" and the LUBBOCK COUNCIL OF CAMP FIRE GIRLS of Lubbock County, Texas, referred to as "CAMP FIRE GIRLS". this day following a public hearing, after notice duly given by law. WITNESSETH: In consideration of the improvements to be placed on the CITY'S prop- erty by the CAMP FIRE GIRLS, the CITY does hereby lease and demise to the CAMP FIRE GIRLS for a term of twenty years, commencing on the 10th day of Tune, 1971, and terminating on the 0th day of dune, 1991. the following described tract of land out of the Helen McLean Hodges Park: BEGINNING at a point ESQ ft. South of the North- east corner of Helen McLean Hodges Park; THENCE West 110 ft. South 160 ft. I East 110 ft.; North 180 ft.I to POINT OF BEGINNING. The CAMP FIRE GIRLS shall use the property as administrative offices in furtherance of the activities outlined by the National Organization. and not otherwise. This lease agreement is not assignable by the CAMP FIRE GIRLS. The CAMP FIRE GIRLS shall submit for approval of Parke and Recrea- tion Board all plans for improvements to the property, prior to construction. At the termination of the lease the CAMP FIRE GIRLS may remove all improve- ments placed upon the property. In the event, however, the CAMP FIRE. GIRLS cease to exist, or abandons the property, all improvements shall become the property of the CITY and the CITY may re-enter and take possession of the prem- lees and all improvements. The CITY reserves the right to cancel and terminate this agreement upon the giving of sixty (60) day's notice to the *AMF FIRE GIRLS of its intention to cancel the lease. The CAMP FIRE GIRLS agree that upon receipt of notice to cancel the agreement and before the expiration of sixty days (60) to remove all improvements and vacate the property. The CAMP FIRE GIRLS agree to hold the CITY free and harmless against any and all claims, demands. suits, judgments and leases resulting from Its use, maintenance and occupancy of the property and improvements. The CAMP FIRE GIRLS shall maintain at all times, at its Bole expense, insurance with an insurance underwfylter acceptable to the CITY, against claims of public liability and property damage resulting from the CAMP FIRE GIRLS use, main- tenance and occupancy of the property. The amount of insurance coverage shall not be less than FIFTY THOUSAND AND NO/100 ($50, 000. 00) DOLLARS for property damage as result of any one accident or less than ONE HUNDRED THOUSAND AND 1;0/100 ($10g000.00) DOLLARS for personal injury or death of any one person in any one accident or less than THREE HUNDRED THOUSAND AND N0/100 ($900.000.00) DOLLARS for personal injury or death of two or more persons in any accident. Certificates evidencing coverage shall be provided to the CITY. The CAMP FIRE GIRLS further agree to use the property keeping all CITY health and fire ordinances and State laws pertaining to sanitation and fire. WITNESS THE EXECUTION OF THIS AGREEMENT TIM 10 "DAY OF If IRIE� . 1971. CITY OF LUBBOCK J. H. GRANBERR . ,MAYOR ATTIR" i L.avenia Lowe, City Sec tart' -Treasurer CAMP FIRE GIRD ATTEST: LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THIS AGREEMENT entered into between THE CITY OF LUBBOCK, a Home Rule Municipality of Lubbock County, Texas, referred to as the "CITY" and the LUBBOCK COUNCIL OF CAMP FIRE GIRLS, of Lubbock County, Texas, referred to as "CAMP FIRE GIRLS. " WITNESSETH: In consideration of the improvements to be placed on the CITY'S property by the CAMP FIRE GIRLS, the CITY does hereby lease and demise to the CAMP FIRE GIRLS for a term of twenty years, commencing on the day of , 1971, and terminating on the day of , 1991, the following described tract of land out of the Helen Mclean- Hodges Park: BEGINNING at a point 220 ft. South of the Northeast corner of Helen McLean Hodges Park; THENCE West 110 ft. South 180 ft.; East 110 ft.; North 180 ft.; to POINT OF BEGINNING. The CAMP FIRE GIRLS shall use the property as administrative offices in furtherance of the activities outlined by the National Organization, and not otherwise. This lease agreement is not assignable by the CAMP FIRE GIRLS. The CAMP FIRE GIRLS shall submit for approval of Parks and Recreation Board all plans for improvements to the property, prior to construction. At the termination of the lease the CAMP FIRE GIRLS may remove all improvements placed upon the property. In the event, however, the CAMP FIRE GIRLS cease to exist, or abandons the property, all improvements shall become the property of the CITY and the CITY may re-enter and take possession of the premises and all improvements. The CITY reserves the right to cancel and terminate this agreement upon the giving of sixty (60) day's notice to the CAMP FIRE GIRLS of its intention to cancel the lease. The CAMP FIRE GIRLS agree that upon receipt of notice to cancel the agreement and before the expiration of sixty (60) days to remove all improvements and vacate the property. The CAMP FIRE GIRLS agree to hold the CITY free and harmless against any and all claims, demands, suits, judgments and leases resulting from its use, maintenance and occupancy of the property and improvements. The CAMP FIRE GIRLS shall maintain at all times, at its sole expense, insurance with an insurance underwriter acceptable to the CITY, against claims of public liability and property damage resulting from the CAMP FIRE GIRLS use, maintenance and occupancy of the property. The amount of such insurance coverage shall not be less than ($ )DOLLARS for property damage as a re- sult of one accident, or less than ($ )DOLLARS for personal injury or death of two or more persons in any accident. Certificates evidencing coverage shall be provided to the CITY. The CAMP FIRE GIRLS further agree to use the property keeping all CITY health and fire ordinances and State laws pertaining to sanitation and fire. WITNESS THE EXECUTION OF THIS AGREEMENT THIS DAY OF . 1971. CI7 BY ATTEST: CAMP FIRE GIRLS BY ATTEST: I /G . ,/ NOTICE is hereby given of a public hearing to be held on June 10, 1971, at 10:00 A.M. before the City Council !} of the City of Lubbock, Texas, in the Council Chambers i located in City Hall, City of Lubbock, Texas. This public hearing is for the purpose of considering granting permission to the Lubbock Council of Campfire Girls to lease a portion of Helen McLean Hodges Park for use as a site for a headquarters building. i i NOTICE is hereby given of a public hearing to be held I on June 10, 1971, at 10:00 A.M. before the City Council of the City of Lubbock, Texas, in the Council Chambers t located in City Hall, City of Lubbock, Texas. This public hearing is for the purpose of considering granting permission to the Lubbock Council of Campfire l Girls to lease a portion of Helen McLean Hodges Park for use as a site for a headquarters building. t NOTICE OF P'fJBTi- of aRput k IN is hereby to heailn8 W be held on lone 10. "C" et 10:00 A.M. before the City pouncLL Of the CityY of Lubbock. Texas. Sn the Council Chambers located fa City Hall, City of Lubbock, .Texas. This Dubbc hearing fa Ser the - Durpoae of considering tiraatsng' l - CnmDtnre Ofrl$ to -1 a DV to r e ! - - - Heten Mt2.ean Hodges Pa for use - as a efu for headq",Io a bu11d1e9•1 t i MEMO CITY OF LUBBOCK TO: Lawrence Banks, Public Service DATE: June 4, 1971 FROM: Fred O. Senter, Jr. , City Attorney SUBJECT: Purpose of the Public Hearing for Lease of Portion of Helen McLean Hodges Park to Camp Fire Girls U( a.t,,..... Article 5421q requires that the governing body determine, after noticed a public hearing that, (1) there is no feasible and prudent alternative/to the use -of taking such land, (2) such program or project includes all rea- sonable planning to minimize harm to land used as a park or recreation area. This now has been advertised for hearing as required by law and the Council will have to make these findings before the proper lease can be en- tered into between the City and the Lubbock Council of Camp Fire Girls. So far as I have been able to determine, we have not received the necessary release of reversionary rights from the Christian Church which is the recip- ient of the reversionary interest in the event this should constitute an abandon- ment of this park land. In view of the fact that this is a protection for the Camp Fire Girls, I would think they should be notified again that this relinquish- ment is required before lease can be entered into. Fred O. Senter, Jr., City ttorn y' FOSjr:ll