HomeMy WebLinkAboutResolution - 081571A - Lease Agreement - Camp Fire Girls - Burleson & Osborn's Canyon Addition - 08_15_1971V W,59/-9
STATE OF TEXAS )
LEASE AGREEMENT
COUNTY OF LUBBOCK )
This lease by and between the City of Lubbock, Lubbock County, Texas,
hereinafter called "LESSOR", and Lubbock Council of Camp Fire Girls, Inc., a
Texas non-profit corporation, hereinafter called "LESSEE", for and in consider-
ation of the Sum of One and No/100 Dollars to Lessor paid, the receipt of which
is hereby acknowledged, and the consideration of the covenants herein contained,
to be kept and performed:
WITNESSETH:
Lessor does hereby let and lease unto the Lessee the following des-
cribed tract of land in Lubbock County,'Texas, to -wit:
BEGINNING at a point which bears 371.45 feet south and 109 feet
east of the Southwest corner of Lot Eight (8), Block One (1),
Burleson & Osborn's Canyon Addition Installment.No. 1 to the
City of Lubbock, Lubbock County, Texas;
THENCE South 20 degrees 12 minutes West 203.22 feet;
THENCE West 260 feet;
THENCE North 150 feet;
THENCE North 78 degrees 26 minutes 30 seconds East, 289.09 feet;
THENCE South 69 degrees 48 minutes East 50 feet to the Place of
Beginning.
such tract being a part of two tracts of land conveyed to Lessor by J. A. Hodges
and wife, Helen Hodges, by deeds dated January 3, 1963, and which are recorded
in Vol. 922, at page 511 and at page.515, Deed Records of Lubbock County, Texas,
to which reference is here made for all purposes, and which tracts of land com-
prise Helen McLean Hodges Park.
TO HAVE AND TO HOLD the said premises hereby demised unto the Lessee
from August 15, 1971, for a term of twenty (20) years next ensuing, for the sum
of One and No/100 Dollars, payable in advance upon the execution of this.lease
hereinabove mentioned, subject to the following terms, conditions, covenants
and provisions.
1. Lessee shall keep the said premises in good repair, normal wear
and tear excepted.
2. Lessee shall build a building, parking area and certain improve-
ments on said leased premises, all of which shall be used by its personnel, and
persons using the said premises; such improvements shall be and belong to the
Lessee so long as Lessee occupies the said premises, but once Lessee abandons
the said premises, or this lease expires or is terminated, the said building,
parking lot and improvements shall be the property of Lessor. Lessee shall bear
all costs and charges for any.and all improvements placed on said property, and
all repairs, and Lessee shall keen and maintain all improvements, as well as all
renewals and additions to the appurtenances during the term of this lease. Ap-
proval shall be secured from Lessor before any improvements are placed on the
premises by Lessee. Such approval or disapproval shall be made by the Director
of Parks.
3. Lessee shall pay all bills required in carrying out its use of the
lease premises.
4. Lessee shall not assign this lease, or sub -let the whole or any
part of said premises, not make or allmi any unlawful, improper or offensive use
thereof. Lessee shall comply with all ordinances and regulations of the State,
County and City and other governmental agencies applicable to the demised pre-
mises.
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5. Lessor agrees that Lessee in conjunction with the leased premises
may use -the remaining part of said park not herein leased for such purposes necessary
to further the aims of Lessee. Such use shall be subject to the rules established for
such park and any rules set by the Parks Department for a special use by the Lessee;
and, further, such use shall be a use in common with other park patrons and not an ex-
clusive use unless an area is reserved for Lessee by the Parks Department on agreed
times and dates. The premises shall be left in as clean a condition as the premises were
found to be in. The right of ingress and egress over the remaining portion of the said
park is hereby expressly granted to Lessee, its servants, employees and girls. Such righ
is subject to established park rules and shall not prevent the establishing of park hours,
park uses or the erecting of fences, structures, barriers or signs as the park department
may determine as necessary.
6. In the event the improvements are destroyed by fire, act of God or
accident so that the intended use of said premises cannot be carried out, Lessee shall,
or cause to be, remove the unsightly portion that may be damaged, or repair the same.
7. At the termination of this lease, or any extension thereof, all improve-
ments and personal property affixed to the soil shall remain on the premises, and if the
Lessee is not in default in the performance of the covenants hereof, Lessee may remove
those items of personal property whose removal will not permanently injure the building.
8. In the event. Lessee shall make default in the performance of any of the
agreements, conditions and covenants contained herein, .Lessor may, at its option, notify
Lessee in writing of the breach, or breaches, . and give the Lessee fifteen (15) days in
which to correct same, and if Lessee does not correct such default, Lessor may enter the
leased premises and take possession thereof and depossess and evict Lessee and keep and
retain all goods, wares, chattel, implements, fixtures, furniture and personal property.
A landlord's lien is expressly granted Lessor as security to assure the carrying out of the
terms of this lease, and such lien may be enforced at a public or private sale of said prop-
erty, after a ten (10) days notice in writing is given to Lessee. Such sum, or sums, re-
ceived shall be the amount of damages Lessor is entitled to receive for the breach, as it
would be difficult to ascertain the damages in such case.
9. Lessor does hereby grant to Lessee an option for renewal and exten-
sion of this lease for a term of twenty (20) years for the same consideration and provi-
sions and conditions; provided however, such extension must be approved by the City
Council of the City of Lubbock before the expiration of the original term herein. Lessee
shall notify Lessor in writing at least three months before the end of the term of the lease,
that an extension is desired and that Council approval -is requested. If such notice is not
given by Lessee, at the expiration of the lease, or if the request for extension is denied,
Lessee shall be a tenant from year to year at a rental of One and No/100 Dollar per year,
terminable at the will of Lessor after three months written notice to Lessee.
10. Lessee agrees to hold the Lessor 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 Lessee shall maintain at all times,
at its sole expense, insurance acceptable to the Lessor against claims of public liability
and property damage resulting from the Lessee's use, maintenance and occupancy of the
property. The amount of insurance coverage shall not be less than $50, 000.00 for properi
damage as result of any one accident or less than $100, 000. 00 for personal injury or dean
of any one person in any one accident or less than $300, 000. 00 for personal injury or deati
of two or more persons in any accident. Certificates evidencing coverage shall be pro-
vided to the Lessor.
11. The agreements, conditions, covenants and terms herein shall be bind-
ing and inure to and for the benefit of the undersigned, their respective successors and
assigns.
Executed this the �j�`� day of 1971
ATTEST; CIT UBBO TEXAS
Lavenia Lowe, City Se . -Tres. , GRANBERRY, MAY R
^;. *TTEST: ) " LUBBOC COUCIL MP F ltYfftS.T,MZ
STATE OF TEXAS
COUNTY OF LUBBOCK
Before me, the undersigned authority, a Notary Public in and for said
county and state on this day personally appeared J. H. Granberry' ,
Mayor of the City of Lubbock, Lubbock County, Texas,
known to me to be the person and officer of said municipal corporation whose
name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as an
act and deed of the said City of Lubbock, a municipal corporation, and in the
capacity therein stated.
Given under my hand and seal of office, this the 15th day of
1971.
e
Notary Public, bock Couni , Texas
STATE OF TEXAS
COUNTY OF LUBBOCK
Before me, the undersigned authority, a Notary Public in and for said
county and state on this day personally appeared 2. C o w v &K__
President of Lubbock Council of Camp Fire Girls, Inc., a Texas non-
profit corporation, known to me to be the person and officer of said corporation
whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration therein expressed, and .
as an act and deed of said corporation, and in the capacity therein stated.
Given under my hand and seal of office, this the a21 day of
R� 1971.
otary Public, Lubbock County, Texas
I. Helen McLean Hodges, individually and as surviving widow of
J. A. Hodges, do hereby agree and consent to the foregoing lease
agreement between the City of Lubbock, Texas, and the Lubbock
Council of Camp Fire Girls, Inc.- and I have and make no objection
to the contemplated use of a portion of -the Helen McLean Hodges
Park, as set forth in said lease agreement, in the City of Lubbock,
Texas.
Executed this the _t day of , 1971.
Helen McLean Hodges
itnessQe—to si£na
CITY OF LUBBOCK
ACCOUNTING DEPARTMENT N? 510
Miscellaneous Receipt
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STATE OF TEXAS
COUNTY OF LUBBOCK )
WHEREAS, the First Christian Church of Lubbock, Texas, is granted
the possibility of reverter and the.right of re-entry in deeds from J. A. Hodges
and wife, to the City of Lubbock, Texas, con7eying land for Helen McLean
Hodges Park in said City of Lubbock, Texas, (such deeds being recorded in Vol.
922, page 511 andpage 515, Deed Records of Lubbock County, Texas, to which instru-
ments and records reference is here made for all purposes; and
WHEREAS, the City of Lubbock and the Lubbock Council of Camp Fire
Girls, Inc., have entered into a lease agreement covering a portion of said
park for itstuse by the Camp Fire Girls; and.
WHEREAS, the Lubbock Council of Camp Fire Girls, Inc., desires that
the First Christian Church's interest be subject to the lease agreement so long
as the Camp Fire Girls may use such leased property:
NOW, THEREFORE, First Christian Church of Lubbock, Inc., a non-profit
corporation, by and through the undersigned, for and in consideration of the sum
of One and No/100 Dollars to it cash in hand paid by Lubbock Council of Camp
Fire Girls, Inc., the receipt and sufficiency of which is hereby acknowledged,
does hereby consent to said lease, a copy of which is hereto attached and marked
"Exhibit A" and incorporated herein for all purposes just as though it were set
out in full.
We agree that so long as the said lease is effective, and should the
said First Christian Church re-enter saidpark under its right of re-entry
because of cessation of use of said park as provided in said deeds, the said
Church will re-enter said premises, the park and .the lease premises, subject
to the rights of Lubbock Council of Camp Fire Girls, Inc., Lessee named in
said lease, and the said Church does hereby subordinate its interest in and
to the following described tract of land in Lubbock County, Texas, to -wit:
BEGINNING at a point which bears 371.45 feet south
and 109 feet east of the Southwest Corner of Lot
Eight (8), Block One (1), Burleson & Osborn's
Canyon Addition Installment No. l to the City of
Lubbock, Lubbock County, Texas;
THENCE South 20 degrees 12 minutes West 203.22 feet;
THENCE West 260 feet;
THENCE North 150 feet;
THENCE North 78 degrees 26 minutes 30 seconds East,
289.09 feet;
THEIv`CS South 69 degrees 48 minutes East 50 feet to
the place of beginning,
and only this described tract of land, to the rights and interest of the
Lessee named in said lease, and to the terms .and provisions of said lease.
Executed this the Z d day ofy , 1971.
First C istian Church of Lubbock, Inc.
By
Truslee
T e
Trustee
Trustee
Trustee
rustee