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HomeMy WebLinkAboutResolution - 2004-R0399 - Lease Agreement With Lubbock County Flower Growers, Inc. - 08_26_2004Resolution No. 2004-RO399 August 26, 2004 Item No. 14 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 to be entered into by and between the City of Lubbock and Lubbock County Flower Growers, Inc. (as Lessor), attached hereto, 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 26th day of August '2004. 'e� /�/' C M DO AL, MAYOR ATTEST: Garza, City APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: City Attorney gs/ccdocs/Res-Lease Agmt-Lub County Flower Growers July 28, 2004 Resolution No. 2004-RO399 August 26, 2004 Item No. 14 LEASE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This LEASE AGREEMENT made and entered into and effective as of the 26th day of august , 2004, by and between LUBBOCK COUNTY FLOWER GROWERS, INC., a Texas Corporation, whose address is 19108 FM 1730, Lubbock, Texas 79424, for themselves, their heirs, executors, administrators, successors and assigns, hereinafter called the "LESSOR", and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County, Texas, hereinafter called the "CITY". WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agrees as follows: The LESSOR hereby leases to the CITY the following described property, hereinafter called the premises, viz: a tract of land more particularly described as follows: BEGINNING at the southeast comer of the southwest quarter of Section 28, Block D, Abstract 729, Lubbock County, Texas, which is near the center of the existing county road, proceed westerly along said county road a distance of 459 feet; THENCE proceed north 40 feet to the POINT OF BEGINNING; THENCE proceed west 100 feet to a point; THENCE north 55 feet to a point; THENCE east 100 feet to a point; THENCE south 55 feet to the POINT OF BEGINNING, said tract containing 5,500 square feet, more or less, as provided for in a Partition Deed dated 11 April 1969 and recorded in Volume 1200, Page 559 of the Deed Records of Lubbock County, Texas. All bearings are true. It is the intention of the CITY to sublease and/or sublet the premises to the Federal Aviation Administration of the United States Government, hereinafter called the "FAA," at no cost to the FAA, as consideration for the services the FAA renders to Lubbock International Airport. LESSOR herewith consents to said subleasing and/or subletting arrangements between the CITY and the FAA by executing this Lease. And the right of grading, conditioning, installing drainage facilities, seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. And the right to make alterations, attach fixtures and erect additions, structures or signs, in or upon the premises hereby leased, which fixtures, additions, structures or signs so placed in or upon or attached to the said premises shall be and remain the property of the FAA and may be removed upon the termination of this Lease or within 90 days thereafter by or on behalf of the FAA, or its grantees or purchasers of said fixtures, additions, structures or signs. TO HAVE AND TO HOLD the said premises with their appurtenances for a term of ten years beginning October 1, 2004, and ending September 30, 2014. The CITY shall pay the LESSOR a total rental of TWO THOUSAND FIVE HUNDRED AND NO/100 ($2,500.00) DOLLARS payable in full upon execution of this Lease by both parties. WITNESS OUR HANDS AT LUBBOCK, TEXAS, this 26th day of august , 2004. LESSEE: CITY OF LUBBOCK '190 X MC AL, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agen APPROVED AS TO FORM: r n Km si tdn City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK LESSOR: LUBBOCK COUNTY FLOWER GROWERS, INC. BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Marc McDougal, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purpose and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of August , 2004. a -- ECEILIA [Eon B of No blic, Lubbock County, Texas THE STAT COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared "-oss AtfRebo t%'Grb q-, 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 consideration therein expressed. GIVEN ER MY HAND AND SEAL OF OFFICE this �� day of .mr�o DAVY M. B 4: Notary Public, DO of Texas • My 12 j� 006 N� Notary Public, Lubbock County, Texas Georgia/Lease Ag not-Lubb County Flower Growers Inc August 3, 2004 LEASE AGREEMENT LUBBOCK COUNTY FLOWER GROWERS, INC. Resolution No. 2004-RO399 August 26, 2004 Item No. 14 LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This LEASE AGREEMENT made and entered into and effective as of the 26th day of August , 2004, by and between LUBBOCK COUNTY FLOWER GROWERS, INC., a Texas Corporation, whose address is 19108 FM 1730, Lubbock, Texas 79424, for themselves, their heirs, executors, administrators, successors and assigns, hereinafter called the "LESSOR", and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County, Texas, hereinafter called the "CITY". WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agrees as follows: The LESSOR hereby leases to the CITY the following described property, hereinafter called the premises, viz: a tract of land more particularly described as follows: BEGINNING at the southeast comer of the southwest quarter of Section 28, Block D, Abstract 729, Lubbock County, Texas, which is near the center of the existing county road, proceed westerly along said county road a distance of 459 feet; THENCE proceed north 40 feet to the POINT OF BEGINNING; THENCE proceed west 100 feet to a point; THENCE north 55 feet to a point; THENCE east 100 feet to a point; THENCE south 55 feet to the POINT OF BEGINNING, said tract containing 5,500 square feet, more or less, as provided for in a Partition Deed dated 11 April 1969 and recorded in Volume 1200, Page 559 of the Deed Records of Lubbock County, Texas. All bearings are true. It is the intention of the CITY to sublease and/or sublet the premises to the Federal Aviation Administration of the United States Government, hereinafter called the "FAA," at no cost to the FAA, as consideration for the services the FAA renders to Lubbock International Airport. LESSOR herewith consents to said subleasing and/or subletting arrangements between the CITY and the FAA by executing this Lease. And the right of grading, conditioning, installing drainage facilities, seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. And the right to make alterations, attach fixtures and erect additions, structures or signs, in or upon the premises hereby leased, which fixtures, additions, structures or signs so placed in or upon or attached to the said premises shall be and remain the property of the FAA and may be removed upon the termination of this Lease or within 90 days thereafter by or on behalf of the FAA, or its grantees or purchasers of said fixtures, additions, structures or signs. TO HAVE AND TO HOLD the said premises with their appurtenances for a term of ten years beginning October 1, 2004, and ending September 30, 2014. The CITY shall pay the LESSOR a total rental of TWO THOUSAND FIVE HUNDRED AND NO/100 ($2,500.00) DOLLARS payable in full upon execution of this Lease by both parties. WITNESS OUR HANDS AT LUBBOCK, TEXAS, this 26th day of August 2004. LESSEE: CITY OF LUBBOCK MC AL, MAYOR ATTEST: Rebbcca Garza, City Secretary APPROVED AS TO CONTENT: �1L._._-6 �: r Ed Bucy, Right -of -Way Aged/ APPROVED AS TO FORM: i caz Kn4beI-Assis&nt City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK LESSOR: LUBBOCK COUNTY FLOWER GROWERS, INC. BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Marc McDougal, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purpose and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of August 2004. mommRem®stnm CELIA WEBB NotaWry Pudic, Stile of Twee No Public, Lubbock County, Texas E» THE STAT COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Not �r� Public in and for said County, Texas, on this day personally appeared -�os-v AG fiey'b a ;.w"O , 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 consideration therein expressed. GIVEN ER MY HAND AND SEAL OF OFFICE this LL_ day of o�liio®uva�mn DAILY M. B00HER Notary Public, State of Texas �f My Commission Expires ., 2-16_2008 Notary Pubic, Lubbock County, Texas Georgia/Lease Agmmt-Lubb County Flower Growers Inc August 3, 2004 LEASE AGREEMENT LUBBOCK COUNTY FLOWER GROWERS, INC.