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HomeMy WebLinkAboutResolution - 061076F - Lease Agreement - NM ERA Inc And TX ERA Inc - Section 4 Block B - 06_10_1976JWF:lb 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 to be executed by said City as LESSOR and ERA, Incorporated, a New Mexico Corporation doing business in Texas as ERA of Lubbock, Incorporated, as LESSEE covering premises owned by said City, being a tract having dimen- sions of 250. 00 feet by 250.00 feet (square tract) out of Section 4, Block B, Lubbock County, Texas, 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 I Oth day of June , 1976. ROY BASS, MAYOR ATTEST: Treva Phillips, C it Secretary -Treasurer APPROVED AS TO FORM: LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement entered into this torte day of �,,,,P 1976, by and between the City of Lubbock, Texas, a Home Rule Municipal Corporation located in Lubbock County, Texas, herein called "LESSOR" and EtLl, Incorpora- ted, a Corporation incorporated under the laws of the State of New -'lesico (some- times known as Ecological Research Associates) doing business in Texas under. the hame of ERA of Lubbock, Inc., pursuant to a current and viable certificate of authority to do business in Texas issued by the Secretary of State (of Texas) having its principal place of business and registered agent for service (Richard P. Cheney) at 1638 Main Street, Lubbock, Texas, herein called "LESSEE' upon the following terms and conditions: I. Lessor does hereby lease unto Lessee for public purposes, to -wit: Research and development in the process of reclamation of waste water from Lessor's sewerage treatment facilities to exceed the Environmental Protection Agency's (federal agency) increased pollution restrictions currently set for 1985, . and also a cattle feeding study to be engaged in by Lessee and Texas Tech Univer- sity and submitted to the United States Department of Agriculture, all of which inures to the benefit of the public health and welfare of the citizens of Lubbock, Texas, and the entire State of Texas, in and upon the following described real estate and improvements thereon situated: BEGINNING at a point 480. feet East of the Northwest corner of Section 4, Block B, Lubbock County, Texas; THENCE North 100 feet; THENCE East 250 feet; THENCE South 250 feet; THENCE West 250 feet; THENCE North 150 feet to the PLACE OF BEGINNING. II. This lease shall be for a term of five (5) years from the date hereof. Lessee shall pay Lessor the sum of ONE DOLLAR ($1.00) per year payable in advance as consideration for this lease, the first payment being contem- poraneous with the execution hereof by the parties hereto, and payments there- after shall -be on the annual anniversary date of this lease. - - III. The maintenance and operation of this facility by the Lessee for the purposes aforesaid is hereby declared to be a public purpose and Lessor hereby finds and determines that Lessee has the special expertise, knowledge, and ex- perience necessary for an operation of this type and that the ends of the public good, health, safety, and welfare will be best served by leasing the facility unto Lessee for such public purposes as aforesaid. l.' THE STATE OF `k § COUNTY OF § BEFORE AIE, the undersigned authority,. a Notary Public in and for County, , on this day personally appeared B. J. FARMER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he ex- ecuted the same as the act and deed of ERA, Incorporated DBA in Texas as ERA of Lubbock, Inc. and as its President, for the purposes and considera- tion therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1976. (SEAL) Notary Public, County, State of THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock.County, Texas, .on this day personally appeared ROY BASS, known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same as the act and deed of the City of Lubbock, Texas and as its Mayor for the purposes and con f. sideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this— f jj day of � i.�„�1976. -' Notary Public, Lubbock County, Texas I IV. This lease maybe cancelled by Lessor or Lessee by thirty (30) days written notice delivered or mailed by certified or registered U. S. mail to the last known address of the other party. V. Lessee, at its expense, during the entire term hereof, shall provide repair and maintenance for the existing and future buildings and/or improve- ments located upon the leased premises, and the areas surrounding the building (s) shall be properly maintained. VI. Lessee agrees to pay and shall pay for all utilities and operational costs of the facilities hereby leased. V II. Lessee shall provide, at its expense, insurance in such amounts and such coverage as shall be satisfactory unto Lessor with the Lessee and Lessor as named insureds as their respective interests may appear, covering the im- provements located on the leased premises as regards fire and extended coverage, and public liability in regard to the operations conducted on the leased premises. V III. It is expressly understood and agreed by both parties hereto that Lessee " is contracting with Lessor as an Independent Contractor and that Lessee, as such, agrees to hold the Lessor harmless and to indemnify it from and against any and all claims, demands and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with, the services and operations to be per- formed or conducted by Lessee in connection herewith. IX. Lessee shall comply with all applicable laws, ordinances, codes and regulations of the state, local and federal governments, and a chain link peri- meter fence shall be installed by Lessee (at its expense) forthwith to prevent children from entering the pond area on the leased premises. ►0 The Lessee will not discriminate against any employees employed in the performance of this contract, or against any applicant seeking employment on the basis of race, sex, color, religion, national origin or creed. Lessee will take affirmative action to insure that applicants are employed, and that em- ployees are treated during employment, without regard to their race, sex, creed, color, or national origin. This requirement shall apply to, but not be limited to, the following: employment, upgrading, demotion or transfer; re- cruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. XI. Lessor will allow additions to the existing buildings and/or improve- ments located upon the leased premises by Lessee, at Lessee's expense, so long as such additions .are in conformance with all City of Lubbock and State of Texas building, urban renewal, zoning, subdivision, health, fire and safety laws and/or regulations. XII. Lessor reserves the right to take and hold possession of the leased pre- mises after this lease expires or is cancelled or terminated in accordance with its terms. All improvements made or constructed or placed on the leased pre— mises by Lessee now existing or during the term of this lease shall remain the personal property of the Lessee and shall be removed by Lessee (at its expense) within 90 days after the expiration, cancellation, or termination of this lease, and if not so removed same shall become and be the property of Lessor (at its option) upon written notice to Lessee to such effect. Upon removal of its improvements as aforesaid, Lessee, (at its expense) shall place the leased premises back in its original condition (as near as may be). XIII. Lessee shall not sublease or assign this lease, in whole or in part, with- out the written consent of the Lessor. XIV. Lessor shall not be liable to Lessee or to_ Lessee's employees, visitors or guests.for any damages to property or injury to any person caused by the act of negligence of any person on said premises or for any damages from any de- fects in the leased premises and the Lessee accept such premises as suitable for the purposes for which the same are leased and waive defects therein and agree to hold the Lessor harmless from all claims for any such damage. XV. Lessee shall, (at its expense) at all times shall maintain such Workmen's Compensation Insurance as required by the laws of the State of Texas covering all its employees involved in any manner in the services and/or operations con- ducted by Lessee pursuant to this lease. ERA, Incorporated DBA ERA of Lubbock, Inc. ATTEST: BY. B. J. FARMER, President Ray H. Rampy, Secretary -Treasurer CITY OF LUBBOCK (SEAL) BY ATTEST: ROY BASS, MAYOR Treva, Phillips, City ecretary-Treasurer (SEA L) APPROVED AS TO FORM: Fred O. Sente Jr., Ci y t rney