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Home My WebLink AboutResolution - 6162 - Lease Agreement - Westridge Investments - 01_28_1999Resolution No. 6162 Item No. 22 January 28, 1999 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 irected to execute for and on behalf of the City of Lubbock, a lease agreement for a tract f land to be used as a stack lot for water utilities pipe and related materials, by and -tween the City of Lubbock and Westridge Investments, a Texas General Partnership .id related documents_ Said contract is attached hereto and incorporated in this tesolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of January 1999. 4 DY SITTON, A R ATTEST: /"LLL'�ta�- kaytl�jDarnell City S6cretary APPROVED AS TO CONTENT: Ed Bucy Right -of -Way Agent APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney Ccdoes/Westridge. cs Jan.12, 1999 Resolution No. 6162 Item No. 22 January 28, 1999 LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS LEASE AGREEMENT is entered into as of this 2&4 � day of A/ttl 1999 between Westridge Investments, a Texas General Partnership composed of .lames Ruthardt and George McMahan, herein called "LESSOR" and the City of Lubbock, a Texas home rule municipality located in Lubbock County, Texas, herein called "LESSEE," said parties hereby contract and agree as follows: I. LESSOR, being the sole owner of a tract of land in Section 26, Block A-K, Lubbock County, Texas, further described in the attached Exhibit "A", does hereby lease unto LESSEE said premises to be used as a stack lot for water utilities pipe and related materials. II. The term of this lease shall be for 12 months, beginning 28 1999 and ending T,a.� 4�z� Z-7 2000. This lease shall be automatically renewed for two additional 6 month periods not to exceed twelve (12) months total unless LESSOR or LESSEE shall notify the other in writing in advance thirty (30) days before the end of a six (6) month lease period that the lease is terminated. Such notice of termination shall be mailed by the terminating party by certified United States Mail addressed to the other party, being to Westridge Investments, P.O. Box 16517, Lubbock, Texas 79490 or to Ed Bucy, Right -of -Way Agent, City of Lubbock, P.Q. Box 2000, Lubbock, Texas 79457, as the case may be. LESSEE shall pay rent for the leased premises unto LESSOR in advance the sum of $1,000.00 per 12 month period during the life of this first term of the lease, the first 12 month payment being due on or before JA-kj!!�� .7-8 , 1999, and each subsequent lease payment shall be due on or before the first day of each subsequent six (6) month period thereafter. Such payment may be made by LESSEE to LESSOR by mailing said payment to LESSOR at the address for LESSOR shown in Section II above, delivered to LESSOR in person, or mailed to last known address of LESSOR. IV. LESSOR shall pay all taxes and assessments made by any governmental entity against the leased premises in a timely manner. V. LESSEE shall maintain the premises in a good state of repair and upkeep at LESSEE's expense, reasonable wear and tear excepted. LESSEE will keep all weeds mowed. Pipe and materials will not be stacked on the road area adjacent to the property. NA This agreement is binding upon the heirs, successors, and assigns of LESSOR and LESSEE, and is not assignable or transferable by LESSOR or LESSEE or the heirs, successors and assigns of LESSOR or LESSEE without the written consent of the other. EXECUTED as of the date fast above written at Lubbock, Texas and performable in the City of Lubbock, Lubbock County, Texas. LESSOR and LESSEE both consent to the recordation of this instrument in the Real Property Records of Lubbock County, Texas. Vll. LESSEE will be allowed to fence the area described in Exhibit "A" and place fill material such as caliche on the surface. LESSEE will restore the surface to the same condition as it was on the date the original lease began. LESSEE is self -insured and a copy of it's self insurance resolution is attached to said lease as indication of LESSEE's responsibility. LESSEE: �`t.�I► � 1I��r � r � MAYOR A EST: Kayth' Darnell City Secretary APPROVED AS TO CONTENT: 4 Ed Bucy, Right -of -Way -Agent APPROVED AS TO FORM: eilliam de Baas Competition and Contracts Manager STATE OF TEXAS § COUNTY OF LUBBOCK § LESSOR: WES GE 1NV MENTS BY: ES RUTHARDT PARTNER BY: �1 GEOR E McMAHAN PARTNER BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared Windy Sitton, Mayor, known 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 consideration therein expressed. Given under my hand and seal of office this Ir day of , A.D., �99� 1999. Notary Public in and for the State of Texas MOREA BELL ?NI "public, State of Texas Fors,�*- My Commission Expires 06-25-01 1� 2 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on '` -"4- -"l 13 , 1999, by George McMahan and James Ruthardt, on behalf of Westridge Investments, a partnership. "• Em DHIARD WILSON BVCY Nab" Public, Sub of Tens -AY Commission Expires 11-Y1.In Notary Public in and for the State of Te EXHIBIT "A" Beginning at a point which is South 635.00 feet and West 40.00 feet from the Northeast corner of the Northwest quarter of Section 26, Block A-K, Lubbock County, Texas; Thence: South 365.00 feet to a point; Thence: West 365.00 feet to a point; Thence: North 365.00 feet to a point; Thence: East 365.00 feet to the place of beginning. October 22, 1997 Agenda Item 029 JCR.da RESOLUTION A RESOLUTION AMENOING RESOLUTION NO. 2481 BY REPEALING SECTION S THEREOF WHICH ADOPTED SELF INSURANCE COVERAGE FOR THE CITY OF LUBBOCK AS PROVIDED BY THE TEXAS MUNICIPAL LEAGUE JOINT SELF INSURANCE FUND AND IN ITS STEAD ADOPTING A NEW STATEMENT OF COVERAGE FOR THE CITY OF LUBBOCK LIABILITY SELF INSURANCE PROGRAM. WHEREAS, the City of Lubbock did heretofore by Resolution No. 2481 create the City of Lubbock's Self Insurance Fund; and WHEREAS, in said Resolution No. 2481 the City of Lubbock did adopt as its standard coverage a coverage heretofore provided by the Texas Municipal League Joint Self Insurance Fund; and WHEREAS, the City of Lubbock deems it to be in the best interest of the City of Lubbock to repeal the coverage adopted under Resolution No. 2481 and in its stoad to substitute a new statownt of coverage for the City of Lubbock Self Insurance Fund; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LiGS=: SECTION 1. THAT Section S of Resolution No. 2481 adopting the Texas Municipal League Joint Self Insurance Fund as the coverage doc~t for the Lubbock Self Insurance Fund is hereby in all things repealed. SECTION 2. THAT the City of Lubbock Stateemrt of Coverage Liability Self Insurance Prograim attached to this Resolution as Exhibit A and made a part hereof for all purposes is hereby adopted as the coverage to be afforded under the City of Lubbock Self Insurance Fund. SECTION 3. Save and Except as herein repealed or mended, Resolution No. 2481 shall remain in full force and effect. Passed by the City Council this 22nd day of October , 1987. ALT.f IAko anetCity sur#ury APPROVED AS TO CONTENT: ert Massengale( Assistant City Manager for Financial Serv4ces APPROVED AS Tn aL�- rn ,Tabn C. Ross, Jr., y Attorney