HomeMy WebLinkAboutResolution - 101173M - Lease Agreement - Lake Site Development Co - Section 13 Block A - 10_11_1973'Mi
�^ 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 agreement
between the City of Lubbock and Lubbock Lake Site Development Corporation
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 thisl l th day of October 1973.
Aeltm�' 24.0�
ORRIS W. TURNER, MAYOR
ATTEST:
Lavep'a Lowe, ity Secretary -Treasurer
APPROVED AS TO FORM:
red O. Senter, Jr., ity Attorney
i
i
LEASE
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK X
This Agreement made this iftd day of peroB6 R , 1973, by and between the
:City of Lubbock, a Home Rule Municipality of Lubbock County, Texas, acting herein
'I by its Mayor, hereunto duly authorized, herein called "Lessor", and The Lubbock
sLake Site Development Corporation, acting herein by and through Robert A. Nash,
its President; hereunto duly authorized, herein called "Lessee."
is
! WITNESSETH:
FIRST: That Lessor does by these presents lease and devise unto Lessee the
:surface rights only of all that certain tract or parcel of land situated in Lub-
�i !'bock County, Texas, and being more particularly described by metes and bounds as
!I "follows, to -wit:
i'
BEGINNING at a 1" iron pipe set in the North line of Section 13
for the Northwest and beginning corner of this tract; from whence
l-� the Southwest corner of Section 13, Block A bears North 89°49'
West, 3582.1 feet;
*,Iti THENCE North 76043'30" East, 1101.8 feet to a 1" iron pipe set for
a corner of this tract;
THENCE South 76°44'30" East at 482.05 feet pass the East line of
a 95.27 acre tract of land, continuing for a total distance of
572.2 feet to a 1" iron pipe set for the Northeast corner of this
tract;
THENCE South 37*38' West at 160.02 feet pass the South line of
Section 13 and the North line of Section 18, continuing for a to-
tal distance of 913.5 feet to a 1" iron pipe set for a corner of
this tract;
THENCE South 50°37'30" West, 529.25 feet to a 1" iron pipe set for
a corner of this tract;
i THENCE North 79°08'30" West, 498.5 feet to a 1" iron pipe set for
a corner of this tract;
!
i THENCE North 37°54' West, 380.16 feet to a 1" iron pipe set for the
Southwest corner of this tract;
i
THENCE North 6022' East, 546.9 feet to the place of beginning.
I
Containing 29.156 Acres
23.696 Acres in Section 18
5.460 Acres in Section 13
SECOND: That this lease shall be for a term of 15 years and Lessee, in con-
bideration of the use of the above -described property, agrees to pay Lessor the
Sum of ONE AND NO/100 ($1.00) DOLLARS per year, payable in advance.
1* THIRD: That either party may terminate and cancel this Lease, with or with -
!out cause, at any time after thirty (30) days' notice to the other party.
FOURTH: That Lessee covenants and agrees that this Lease Agreement will not
be transferred, assigned or sub -let, in whole or in part, except upon written con-
sent of the City Council of the City of Lubbock. Lessee further covenants and
agrees that the premises herein leased will be used only for the purposes stated
in the resolution of the City Council dated Oc.roBER 1l ,/993 relating
io The Lubbock Lake Site. Lessee also agrees that after termination of this Lease
by cancellation, lapse of time, mutual agreement of the parties hereto, or other -
►vise, that Lessee shall peacefully yield up possession of the premises herein leased
together with all improvements now or hereafter placed on said premises in good
condition except for ordinary wear and tear.
i
W�
.
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FIFTH: That Lessee understands and agrees that this Agreement is entered into
subject to the rights of entry and excavation as set forth in the cooperative agree-
ment between the City of Lubbock and Texas Tech University for excavation and re-
search of The Lubbock Lake Site.
SIXTH: That Lessee further agrees, binds and obligates itself to at all times
defend, indemnify, and otherwise save harmless the Lessor, its agents, servants, and
employees of and from all claims, demands, causes of action, and suits at law or in
equity of whatsoever kind or nature which may arise out of or is connected in any
way with the making of this Lease and the operation and use by Lessee of the premises
herein leased.
SEVENTH: That Lessee hereby covenants and agrees to carry public liability and
property damage insurance with limits of $50,000 for each person and $100,000 for
each accident for personal injuries and $5,000 for each accident for property damage,
all of said insurance covering the maintenance, operation, and use of the premises
herein leased by Lessee, its representatives, agents, servants and employees.
Executed in duplicate this 7/ t4 day of OcTOBER , 1973.
The City of Lubbock
,.,Morris W. Turner, Mayor
A*Ff EST:
Lavenia Lowe, City Secretary -Treasurer
APPROVED AS TO FORM:
Fred 0 Senter, Jr., Cit tt rney
BB CK LAKE SITE DEVELOPMENT ORP.
Robert A. Nash, Presi ent