HomeMy WebLinkAboutResolution - 092376I - Lease Agreement - Ron Sewell Ford - Original Town Of LBK - 09_23_1976BE 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 a LEASE AGREEMENT between the CITY OF LUBBOCK and
RON SEWELL FORD for rental of City owned buildings, 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 23rd day of September, 1976.
ROY BAST, MAYOR
ATTEST:
Treva Phillips, City ecretary-Treasurer
APPROVED AS TO FORM:
0. Senter, Jr.,
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-y93 WWW THE STATE OF TEXAS §
LEASE AGREEMENT
COUNTY OF LUBBOCK §
THIS AGREEMENT entered into this day between THE CITY OF LUBBOCK
as LESSOR, and RON SEWELL FORD, A CORPORATION, of Lubbock County,
Texas, as LESSEE,
WITNESSE TH:
I:
That said CITY OF LUBBOCK, acting by and through its duly authorized
officers by these presents does lease and demise unto RON SEWELL FORD. the
following described real estate, situated in the County of Lubbock, State of Texas,
to -wit:
All of Lots 1 through 10, Block 72, Original Town of
Lubbock, Lubbock County, Texas;
All of Lots 5 through 14, 18 and 19, Block 71, Original
7.bwn of Lubbock, Lubbock County, Texas;
All of Lots 17 and 18, Block 72, Original Town of
Lubbock, Lubbock County, Texas;
All of Lots 16, Block 72, Original Town of Lubbock,
Lubbock County, Texas.
on a month to month basis, beginning September 1, 1976, and continuing on such
basis until terminated by either party hereto or by operation of the terms and
conditions herein.
II.
Lessee agrees to pay to the t6gsor at Lubbock, Texas, the sum of
FOUR THOUSAND AND N0/100 DOLLARS ($4, 000. 00) each month for the term
of this agreement with the first payment due on September 1, 1976 and a like
payment due on each succeeding month of this agreement.
III.
Lessor agrees to adequately insure and pay premiums on all policies of
insurance against fire, windstorm, explosion and other hazards now or here-
after taken upon said improvements with loss payable to Lessor, and Lessee
will pa;T no property insurance upon the improvements belonging to Lessor.
Lessee agrees to make all necessary repairs and replacements to the improve-
ments, except that which is necessary because of normal wear and use, and
further, those contemplated in Paragraph VII of this Lease, at his own cost
and expense.
IV.
The Lessee agrees to take good care of said property and fixtures during
the term of this lease and shall suffer no waste and shall make no improvements
in and to the demised premises without the consent of the Lessor in writing.
V.
That the Lessee shall promptly execute and fulfill all the Ordinances of
the City Corporation and State Laws applicable to said premises, and all
orders and requirements imposed by the Board of Health, sanitary and police
departments of the City Government, and the County and State authorities for
the correction, prevention and abatement of nuisances in, upon or connected
with said premises during the term of the lease, at its own expense.
VI.
That the Lessee shall not assign or sublet the premises or any part
thereof, without the consent of the Lessor in writing, or to permit any other
person to occupy said premises other than the Lessee.
VII.
In the event the leased premises shall be destroyed by fire, windstorm
or the Act, of God or public enemy, or shall be so damaged by any of such
causes as to be unfit for occupancy, the Lessee shall forthwith give notice
to the Lessor, and the rental payable hereunder shall abate for the period
of time beginning on the date such premises are unfit for occupancy and end-
ing when said premises have been restored to a habitable condition; provided
that should only a portion of the premises be rendered unfit for occupancy,
the abatement of rental shall be proportionate, on the basis of the proportion
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of the number of square feet rendered unfit for use to the total ni=ber of
square feet completed in the premises above described, provided further
that Lessor may at its election, in the event of substantial damage or des-
tructions, terminate this Lease without repairing or replacing the improve-
ments so damaged or destroyed, in which event Lessee shall not be under
any liability for the payment of rental for any period of time subsequent to
the date upon which such damage or destruction occurs, and the rent shall
be prorated for the particular month in which the destruction occurs.
Vill.
That in case of default of any of the aforesaid covenants, Lessor shall
give notice in writing to Lessee of such default, and if such default is not
cured by the Lessee within twenty (20) days from the date notified, the Lessee
shall be liable to the Lessor for reasonable attorneys' fees and the Lessor
may enforce the performance thereof in any manner provided by law, and
may declare the Lease forfeited at its discretion, and it, its agent or attor-
neys, shall have the right, without further notice or demand, to re-enter and
remove all persons therefrom without being deemed guilty of any manner, of
trespass, and without prejudice to the rights of the Lessor to endorse all
the covenants contained in this Lease contract, and it, its agents or attorneys,
may resume possession of the premises and re -let the same for the remain-
der of the term at the best rent they may obtain in case of breach of any of
the covenants of this contract, and the Lessor shall have a lien as security
for any rents upon all the furnishings and fixtures which are or may be put
on the demised premises by the Lessee.
IX.
That the Lessor shall not be liable to the Lessee or to the Lessee's
employees, patrons or visitors for any damage by reason of the construction
of said building, and the Lessee accepts such premises as suitable for the
purposes for which same are leased, and agrees to hold the Lessor harmless
for all claims for any damage.
-3-
If Lessee shall neglect or fail to perform and observe any of the obliga-
tions resting upon it under the terms of this agreement or shall be declared
bankrupt according to law or if any assignment shall be attempted to be made
of said property for the benefit of creditors, then in either of such cases,
Lessor may, on twenty (20) flays' notice in writing, or at any time thereafter
while such neglect or default continues and without further notice or demand,
enter into and upon the said premises or any part thereof, and repossess the
same and expel Lessee and remove its effects without being guilty of any
manner of trespass and without prejudice to any remedies which otherwise
may be used for possession or for arrears of rent, and that upon entry as
aforesaid, the rights of the Lessee in this Lease shall cease and terminate.
In the event Lessee's rights in this Lease shall be terminated for non-payment
of rent, such termination shall in no wise impair or affect Lessee's liability
for the full amount of rent hereinabove provided for, and Lessor is author-
ized, in the event it shall repossess said premises as hereinabove author-
ized, to lease the same for Lessee's account at the best rental obtainable.
Nothing contained in this paragraph shall be construed so as to alter, impair,
diminish or affect Lessor's statutory Landlord's Lien or the contract lien
hereinafter provided for, or other lien or remedies available to Lessor under
the Laws of Texas or the terms of this agreement, to secure payment of the
rental payable under this Lease.
XI .
This contract shall be binding upon the heirs and assigns of the parties
hereto.
XII
In the event the Lessor desires to terminate this agreement at the end
of any monthly term, notice shall be given by the Lessor to the Lessee at his
place of business, in writing stating that the lease is to be terminated thirty
days from the date of such notice. Lessee shall within such time, remove
his property from the leased premises.
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Executed this 23rd day of September, 1976.
ON SEWELL CITY O LUBBOCK
Apr
PRESIDENT RO ASS, MAYOR
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned, a Notary Public in and for said County and
State, on this day personally appeared RON SEWELL, known to me to be the
person and officer whose name is subscribed to the foregoing instrument as
PRESIDENT of RON SEWELL FORD, a corporation, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed,
as the act and deed of said RON SEWELL FORD, a corporation, and in the
capacity -therein stated.
GIVEi1i;�jjY+TDER MY HAND AND SEAL OF OFFICE, this_day of
A.D. 1976.
Notary Public, Lubbock Cou y, Texas
l�►:1:0
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned a Notary Public in and for said County and
State, on this day personally appeared ROY BASS, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged tome
that he executed the same for the purposes and consideration therein expressed.
IVEN 1. UNDER MY HAND AND SEAL OF OFFICE, this •LSYay of
A. D. 1976.
` Notary Public, Lu bock County, Texas
<< .
Appro—as to form:
Fred O. Senter, Jr., City At mey