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HomeMy WebLinkAboutResolution - 052472A - Lease Agreement - Housing Authority - 05_24_1972"�5'qqn 44 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 AGREEMEN' issued to the Housing Authority of the City of Lubbock 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 24th day of May , 1972. MORRIS W. TURNER, MAYOR ATTEST: kx Lavenia Lowe; Cityl.:Secretary»Treasurer APPROVED AS TO FORM: Senter, Jr., Cipf Aftoriney 0 LEASE AGREEMENT .� STATE OF TEXAS X COUNTY OF LUBBOCK X ThAs lease by'and between the City of Lubbock, Lubbock County, Texas, hereinafter called "LESSOR", and Housing Authority of the City of. Lubbock, hereinafter called "LESSEE", for and in consideration of the Sum of One and No/100 ($1.00) Dollars to Lessor paid, the receipt of which is hereby acknowledged, and the consideration of the covenants herein contained, to be kept and performed; WITNB,SSETH: Lessor does hereby let and lease unto the Lessee the following described tract of land in Lubbock County, Texas, to -wit: A tract of land out of the Northwest k of Section 2, Block "A", Lubbock County, Texas. Described by metes and bounds as follows: BEGINNING at a point which bears South 0014130" East, a distance of 20.00 feet from the Southeast corner of. -Lot 3, Tract '111, Mackenzie Terrace Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 0014'30" a distance of 97 feet to the point of curvature to the right; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a delta angle of 900, a cord distance of 21.21 feet; ` THENCE South 89045'30" West a distance of 251.6 feet; THENCE North 0014'30" West a distance of 112 feet; THENCE North 89034'14" East a distance of 2196.6 feet to the point of beginning, containing .65 acres more or less. S&L-d-tract of land being a portion of the Parkway Parksite of 'thec City of Lubbock, Texas. TO HA{Z AND TO HOLD the said premises thereby demised unto the Lessee from for a term of fifteen (15)years next ensuing, for the sum of One and No/100 ($1.00) 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 repai3;,xnormal wear and tear excepted. 2. Lessee shall build a building, parking area and certain improvements 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 -Losses occupies the said pre- mises, but once Lessee abandons the said premises, or this lease ex0ires 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 repai and Lessee shall keep and maintain all improvements, as well as all renewals and additions to the appurtenances during the term of this lease. Approval shall be secured from Lessor befor any improvements are placed on the premises by Lessee. Such approval or disapproval shall be made by the Director of Parks. In addition to the use of such building as an office, Lessee agrees that such building or portions thereof may be used as a community building. 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 allow any unlawful, improper or offensive use thereof. Lessee shall comply with all ordinances add regulations of the State, County and City and other governmental agencies applicable to the demised premises. 5. In the event the improvements are destroyed by fire, act of God or accident so that the intended use of sic premises cannot be carried out, Lessee shall, or cause to be, remove the unsightly portion that may be damsged , or repair the same. 6. At the termination of this lease, or any extension thereof, all improvements 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. 7. 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 po- ssession 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 canTing out of the terms of this-leass, and such lien may b enforced at a public or private sale of said property, after a ten (10) days notice in wtiting •is given to Lessee. Such sum, or suss, received shall be the amount of damages Lessor is entitled to received for the breach, as it would be difficult to ascertain the damages in such case. 8. Lessor does hereby grant to Lessee an option for renewal and extension of this lease for a term of fifteen (15) years for the same consideration and provisions 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 sha11 notify Lessor in writing at least three (3) months before the and of the..term of the lease, that an extension is desired and that Council approval is requested. If such notice is net given by Lessee at the expirati 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 Dollars ($1.00) per year, terminable at the will of Lessor after three (3) months written notice to Lessee. 9. Lessee agrees to hold the Lessor free and harmless aga*ast any and all claims, demani suits, judgments and leases resulting from its use, maintenance and occupancy of the property and improvements. The Lessee shall maintain at all tines, at it's sole expense, insurance acceptable to the Lessor against llaims 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' property..dasags as result. of any one accident or less than $100,00O.00 for personal -injury or death of anyone person in any one accident or less than $300,000.00,for personal injury or -death of! two or n►ore persons in any accident. Certificates evidencing coverage shall be provided to the Lessor. 10. The agreements, conditions, covenants and terms herein shall be binding and inure to and for the benefit of the undersigned, their respective aucessors and assigns. Executed this the 25th day of May, 1972. CITY OF LUBBOCK, 'TEXAS 714 -%" • I MORR WSI ATTESM $191he r ir IFFIE venia Lane, City S retary-Treasurer TURNER, MAYOR