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HomeMy WebLinkAboutResolution - 061076A - Lease Agreement - West TX Riders Association - LBK State School Addition - 06_10_1976KJlnh 64e/074o 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 the WEST TEXAS RIDERS ASSOCIATION, INC., a non-profit organization, organized under the Texas Non -Profit Corporation Act, 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 a part of this Resolution as if fully copied herein in detail. Passed by the City Council this IOth day of June , 1976. RO 'S, Mayor ATTEST: G/ Treva Phillips, Cit ecretary-Treasurer APPROVED AS TO FORM: Senter, Jr., C} y/Attorney LEASE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the following agreement is made and entered into this the 10th day of June, 1976, by the CITY OF -LUBBOCK, a Home Rule Municipal Corp- oration, acting by and through its authorized agents, and by the WEST TEXAS RIDERS ASSOCIATION, INC., a non-profit organization, acting by and through its authorized agents: WITNESSETH: THAT for and in consideration of the sum of ONE AND NOJ 100 DOLLARS ($1.00) to it in hand paid, the receipt of which is hereby acknowledged and con- fessed, the CITY OF LUBBOCK does hereby lease and let to the WEST TEXAS RIDERS ASSOCIATION, INC., a 23.392 acre tract of land located in Section 12, Block A, Lubbock County, Texas described by metes and bounds as follows: BEGINNING at a 1 inch iron pipe found set in the South line of Block 1, Lubbock State School Addition and at the most Northern Northwest corner of Tract A, Texas Instruments Addition for the Northeast corner of this tract, from which the Southeast corner of the said Sec- tion 12 bears South 2981.9 feet and South 89 ° 53' 30" East 3027. 15 feet; THENCE South, 766.8 feet to a 3/8 inch iron rod found at an interior corner of Tract A, Texas Instruments Addition for the Southeast corner of this tract; THENCE West, at 100.0 feet past a 3/8 inch iron rod found at the Western. Northwest corner of Tract A, Texas Instruments Addition, in all 1327.0 feet to a 3/8 inch iron rod set for the Southwest corner of this tract; THENCE North, 769.3 feet to a 3/8 inch iron rod set in the South line of the said Block 1, Lubbock State School Addition for the Northwest corner of this tract; THENCE South 89 ° 53' 30" East 1327.0 feet to the PLACE OF BEGINNING. SAID lease will be for a period of ten (10) years, more specifically be- ginning the day of June, 1976, and terminating at midnight the day of June, 1986. The Lessee shall have an option to extend -this lease for a period of ten (10) years from midnight of the day of June, 1986, for such consideration as the parties may then mutually agree. upon. After the fifth year, the lease agreement could be terminated by a one-year written notice by either party. This lease is made upon the following terms and conditions, namely: The WEST TEXAS RIDERS ASSOCIATION, INC., shall use the above described property for the purpose of carrying on its play day activities and for other not -for -profit civic affairs as will promote horsemanship, sportsmanship and citizenship. 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. The WEST TEXAS RIDERS ASSOCIATION, INC. hereby agrees that the land and improvements listed herein shall remain a public recreational area of the City of Lubbock, and as such that the City of Lubbock be allowed to schedule activities compatible with its use as a horse riding area when such use does not conflict with scheduled events to be held by lessee. This'Lease shall terminate on the land and improvements leased herein, if this land or improvements or any improvements later built thereon are used for any purpose by lessee than as stated herein; or is abandoned herein or otherwise abandoned. The WEST TEXAS ,RIDERS ASSOCIATION, : INC., agrees to obtain written permission from the City of Lubbock before constructing any improvements on the above described property or before making any substantial alterations, reconstructions, or other changes to existing improvements. If, during the period of this contract, the WEST TEXAS RIDERS ASSOCIATION, INC. con- struct improvements on said property or remodels or in any way alters exist- ing improvements located thereon, all such additions and improvements shall become the property of the City of Lubbock upon the expiration or termination of this contract. However, should the City of Lubbock exercise its option .to terminate this contract by a one-year written notice to the WEST TEXAS RIDERS ASSOCIATION, INC., then at the optionn of the WEST TEXAS RIDERS ASSOCIATION, INC., the improvements which could be removed without undue harm to the land may be removed by them. { The WEST TEXAS RIDERS ASSOCIATION, INC., will maintain any and all buildings herein leased or later constructed upon said property during the term of this lease. The WEST TEXAS RIDERS ASSOCIATION, INC., will maintain the grounds herein leased without cost to the City of Lubbock. The WEST TEXAS RIDERS ASSOCIATION, INC., is organized under the Texas Non -Profit Corporation Act, holding Charter Number 380019-1. The WEST TEXAS RIDERS ASSOCIATION, INC. hereby waives forever any cause of action arising on said property and against the City of Lubbock for injuries or damages, or both, that might result from any negligence of the City of Lubbock, its agents or employees. It is also expressly understood and agreed that the WEST TEXAS RIDERS ASSOCIATION, INC. shall maintain in force and effect at all times during this contract, and shall attach hereto and make apart of this contract, a general liability insurance policy having a coverage of at least $150, 000 (ONE HUNDRED FIFTY THOUSAND DOLLARS) for any injuries or damages, or both, that might arise on said property in the course of lessee's use thereof. Said policy shall name the WEST TEXAS RIDERS ASSOCIATION, INC, as principal insured and shall specifically name the City of Lubbock as being an indeminified insured party having similar policy coverage. The amount of general liability insurance coverage maybe subject to increase at the dis- cretion of the City of Lubbock at the beginning of any renewal period of this contract. THIS LEASE EXECUTED IN DUPLICATE in Lubbock, Texas, this the day of June, 1976. CITY OF LUBBOCK, TEXAS BY ROY BASS, Mayor APPROV Johrf,Uord Director of Parks and Recreation APPROVED AS TO FORM: red O. Senter, Jr. - City Attorney WEST TEXAS RIDERS ASSOCIATION, INC. (Charter No. 380019-1 -- A Non -Profit Organization) , BY i Weldon Garrett, President i - l