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HomeMy WebLinkAboutResolution - 082875C - Lease Agreement - LBK Theater Centre - Mccrummen's Second Addition - 08_28_1975OW195C B:cab RESOLUTION E 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 the LUBBOCK THEATRE CENTRE , attached herewith which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be part of this Resolution as if fully copied herein in detail. assed by the City Council this 28thday of August 1975. ROYBALSS, MAYOR IIATTEST: reva Phillips, City �cretary-Treasurer PPROVED AS TO FORM: STATE OF TEXAS § LEASE AGREEMENT COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT the following agreement is made and entered into this the 28th day of August, 1975, by the CITY OF LUBBOCK, a Home Rule Municipal Corpora- tion, acting by and through its authorized agents and by the LUBBOCK THEATRE CENTRE, formerly known as the LUBBOCK LITTLE THEATRE, and which is a private not -for -profit corporation, acting herein by and through its authorized agents. WITNESSETH: THAT for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1. 00) to it in hand paid, the receipt of which is hereby acknowledged and confessed, the CITY OF LUBBOCK does hereby Lease and Let to the LUBBOCK THEATRE CENTRE the following described lot, tract or parcel of land including those improvements built by the LUBBOCK LITTLE THEATRE, all of which are situated between 24th and 27th Streets and Avenues P & Q in Lubbock, Texas, described as follows: BEGINNING at a point which is 510 feet South of the Northeast corner of Block Twenty -Three (23) of the McCrummen's Second Addition to the City of Lub- bock, Lubbock County, Texas, said point being the Northeast corner of this tract; THENCE West a distance of 175 feet to a point; THENCE South a distance of 140 feet to a point; THENCE East a distance of 175 feet to a point; THENCE North a distance of 140 feet to the PLACE OF BEGINNING. for a period of twenty (20) years, more specifically beginning the day of August, 1975, and terminating at midnight the day of August, 1995. The Lessee shall have an option to extend this Lease for a period of twenty (20) years from midnight of the day of August, 1995, for such consideration as the parties may then mutually agree upon. This Lease is made upon the following terms and conditions, namely: The LUBBOCK THEATRE CENTRE shall use the above described property for the purposes of carrying on its theatre group activities and for other not -for - ,profit civic affairs as will promote a public recreation program. It is expressly agreed and understood between the parties that the land and improvements leased herein, as well as any improvements to be later constructed, are not to be used for commercial or other non -civic purposes. This Lease shall terminate on the land and improvements leased herein, if these land or improvements or any improvements later built thereon are used for any purpose than as stated herein; or as abandoned herein or otherwise aban- doned; or if used for commercial purposes. The LUBBOCK THEATRE CENTRE agrees to obtain written permission from the CITY_ OF LUBBOCK before constructing any improvements on the above des- cribed property or before making any substantial alterations, reconstructions, or other changes to existing improvements. If during the period of this contract the LUBBOCK THEATRE CENTRE constructs improvements on said property or remodels or in any way alters existing improvements located thereon, all such additions and improvements shall be and become the property of the CITY OF LUBBOCK upon the expiration or termination of this contract. The LUBBOCK THEATRE CENTRE will maintain any and all buildings herein leased or later constructed upon said property during the term of this Lease. The CITY OF LUBBOCK will maintain the grounds herein leased without cost to the LUBBOCK THEATRE CENTRE, so long as such mainte- nance is consistent with the maintenance required by the adjacent City Park Area. But in the event the CITY OF LUBBOCK ceases maintenance of the adjacent City Park Area, for any reason whatsoever, so that the property herein leased requires special maintenance inconsistent with the CITY OF LUBBOCK'S maintenance of the adjacent area, then maintenance of said grounds shall become the responsibility of Lessee. THIS LEASE EXECUTED IN DUPLICATE in Lubbock, Texas, this the 28tig II ;) day of August, 1975 A. D. CITY OF LUBBOCK, TEXAS ti• "i BY: ROY B SS, MAYOR APPROVED: Lawrence Banks, Director of Parks and Recreation APPROVED AS TO FORM: Fred O. Senter, Jr., OWAttorney. ` LUBBOCK THEATRE CENTRE, LESSEE BY.