HomeMy WebLinkAboutResolution - 072276K - Lease Agreement - Ethyl Cypert Et Al. - 07_22_19761
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz
ed and directed to execute for and on behalf of the CITY OF LUBBOCK, a
Lease Agreement with the CITY OF LUBBOCK, TEXAS as Lessee and ETHY:
CYPERT, HOUSTON TRAMMEL, H. C. TRAMMEL, JACK TRAMMEL, and
BIRDIE TRAMMEL, collectively as Lessors, 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 22nd day of July , 1976.
ATTEST:
1
reva Phillips, Citysecretary-Treasurer
D AS TO FORM:
ti
, Jr. ity Attorney
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
KNOW ALL MEN BY THESE PRESENTS
THAT, ETHYL CYPERT, HOUSTON TRAMMEL (AKA H. H. TRAMMEL),
H. C. TRAMMEL, JACK TRAMMEL (AKA D. P. TRAMMEL), and BIRDIE
TRAMMEL, warranting that they are the sole owners of the real estate here-
inafter described and having full authority to lease the same, hereinafter col-
lectively called "LESSOR", and the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipality located in Lubbock County, Texas, hereinafter called "LESSEE",
do hereby contract and agree as of the 9211d day of ulyr ,
1976, being the date borne by this agreement, as follows:
Lessor hereby leases unto Lessee (upon the terms and conditions as
hereinafter set forth) real estate described as Lots 6 through 15 (inclusive),
Block 220 of the Original Town of the City of Lubbock, Lubbock County, Texas.
2.
This shall be an annual lease which shall automatically renew itself each
year on the annual anniversary date of this lease unless either Lessor or Lessee
shall at least 60 days prior to such annual anniversary date notify the other
party in writing of Lessor's or Lessee's intention (as the case may be) of not
continuing the lease, whereupon in the event of such notification this lease -shall
become null and void at such next annual anniversary date after such notifica-
tion. This lease in any event shall not be for a term in excess of five years,
and shall in all things expire five years from date hereof unless sooner term-
inated as above set forth.
3.
Lessee shall pay to Lessor as compensation for this lease the sum of
$t, 000. 00 in advance contemporaneously with the execution of this lease. as
the first year's annual rental payment, and a like annual payment of $1, 000.00
each thereafter on each annual anniversuA VY (late during the life of this lease.
All payments hereunder and written notifications hereunder made to Lessor
by Lessee shall be addressed to Lessor at 808 Mairi Street, Lubbock, Texas
79401 or to last known address of Lessor. Said written notifications shall be
mailed by Certified U. S. Mail to said address. All written notifications from
Lessor to Lessee hereunder shall be by Certified U. S. Mail addressed to
Lessee at P. O. Box 2000, Lubbock, Texas 79457.
4.
This agreement may not be assigned in whole or in part by either party
hereto without the consent of the other first obtained in writing.
5.
Lessee is hereby allowed to construct a paved and/or hard surface and
driveway on any or all of the leased premises, but shall be under no duty to
do so hereunder. If such paving or hard surfacing or driveway is done, Lessee
shall be under no duty to remove the same or any part thereof at the expiration,
termination, or cancellation of this lease.
s.
Lessee is hereby allowed to construct a fence and lighting on the leased
premises and hereby reserves the right to remove any such fence and light-
ing as its personal property at the expiration, termination or cancellation
of this lease.
7.
This lease is hereby made for the carrying out of lawful public and muni-
cipal purposes of Lessee.
EXECUTED in Duplicate Originals as of the date first above written,
to the end that lessor and Lessee shall each have a copy with the dignity of an
original.
LESSOR (S):
ETHYL CYPER
HOUSTON TRAMMEL
H. C. TRAMMEL
JACK TRAMMEL
BIRDIE TRAMMEL
LESSEE:
CITY OF LUBBOCK, TEXAS
ROY BASS, MAYOR
ATTEST:
a/ J
Treva Phillips, City ecretary-Treasurer
APPROVED AS TO FORM:
ed O. Senter, Jr., 4elty Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared ROY BASS, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowl-
edged to me that he executed the same as the act and deed of the CITY OF
LUBBOCK and as MAYOR for the purposes and consideration therein express-
ed and in the capacity therein stated.
G EN UNDER MY HAND AND SEAL OF OFFICE this o2ay of
% 1976.
(SEAL)','f
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority a Notary Public in and for said
County, Texas, on this day personally appeared, ETHYL CYPERT, known
to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that she executed the same for the purposes and con-
sideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 1976.
(SEAL)
Notary Public, Lubbock, County, Texas
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THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority a Notary Public in and for said
County, Texas, on this day personally appeared HOUSTON TRAMMEL, known
tome to be the: person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and con-
sideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1976.
(SEAL)
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared H. C. TRAMMEL, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and considera-
tion therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1976
(SEAL)
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority a Notary Public in and for said
County, Texas, on this day personally appeared JACK TRAMMEL known to me
to be the person whose name is subscribed to the foregoing instrument and ac-
knowledged to me that he executed the same for the purposes and consideration
therein Jexpressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1976.
(SEAL) _
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority a Notary Public in and for said
County, Texas, on this day personally appeared BIRDIE TRAMMEL, known
to me to be the person whose name is subscribed -to the foregoing instrument
and acknowledged to me that she executed the same for the purposes and con-
sideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1976.
(SEAL)
Notary Public, Lubbock County, Texas
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