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Home My WebLink AboutResolution - 2004-R0186 - Lease Agreement For Tract Of Land - Bowers Property Management - 04_22_2004Resolution No. 2004-RO186 April 22. 2004 Item No. 16 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 for a tract of land to be used as a stack lot for street construction building materials, by and between the City of Lubbock and Bowers Property Management and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: l � Ed Bucy, Right -of -Way Xgent APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney/Office Practice gs/ccdocs/Res-Bowers Prop Mgmt March 24, 2004 Resolution No. 2004-H0186 April 22, 2004 Item No. 16 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS LEASE AGREEMENT is entered into as of this 2,2-_ day of AfR l L 1 2004, between Bowers Property Management, 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: LESSOR, being the sole owner of a tract of land in Section 80, Block A, Lubbock County, Texas, further described in the attached Exhibits "A" and "B", does hereby lease unto LESSEE said premises to be used as a stack lot for street construction building materials. II. The term of this lease shall be for 1 year, beginning AQR ►L 2 L , 2004, and ending Aeg I L 2.2 , 2005. This lease shall be automatically renewed for 4 additional 1 year periods not to exceed five (5) years total unless LESSOR or LESSEE shall notify the other in writing in advance thirty (30) days before the end of a one (1) year 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 Bowers Property Management, 401 North IH 27, Lubbock, Texas, 79403 or to Ed Bucy, Right -of -Way Agent, City of Lubbock, P.O. 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 $9,300.00 per I" year period during the life of this first term of the lease, the first 1 year payment being due on or before A11A I C. 2-2- , 2004, and each subsequent lease payment shall be due on or before the first day of each subsequent one year 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, if applicable. LESSEE will be allowed to park city equipment inside the fenced area which will be locked and the city will be given a key. LESSEE will be allowed to dump construction material in the berm area west of the land in Exhibits "A" and "B" with permission of LESSOR. WN 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. VII. LESSEE will be allowed to fence the area described in Exhibits "A" and `B" if necessary. 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. VIII. LESSEE must control materials that are accumulated or deposited on said property (land), not to violate any laws of the Environmental Protection Act or the Texas Natural Resource Conservation Commission. LESSEE: LESSOR: :CITY OF LUB CK BOWERS PROPERTY MANAGEMENT C M cD6UGAL, MAYOR GARLAND BOWERS, MANAGER ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney/Office Practice STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared Marc McDougal, Mayor, known 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 under my hand and seal of office this . Za day of l L- , A.D., 2004. CELIA WEBS my cmnwwon eon am-= STATE OF TEXAS COUNTY OF LUBBOCK �.3-c�t.G'v &jI.k Notary blic in and for the State of Texas This instrument was acknowledged before me this 6k�'+ day of Apit i L , 2004, by Garland Bowers, on behalf of Bowers Property Management. EDWA I WLWN BUOY C�-s�- .-� L✓ �t .�- ENotary Public, State of Texas Notary Public in and for the Stat of Texas My comminion ExD"a 11-21-2007 gs/cityatt/Linda/Agreements/Lcase Agreement -Bowers Property Management March 24, 2004 Resolution No. 2004-RO186 EXHIBIT " A " Description for a 4.02 acre tract of land in Section 80, Block A, Lubbock, County, Texas: Beginning at a point which is 1562.50 feet east and 884.95 feet South of the Northwest corner of Section 80, Block A, Lubbock County, Texas; Thence South 400.00 feet to a point, point being the Southeast corner of this tract; Thence West 500.00 feet to a point, point being the Southwest corner of this tract; Thence North 300.00 feet to a point, point being the Northwest corner of this tract; Thence 591.61 feet in a Northeasterly direction to the point of beginning. Resolution No. 2004-RO186 EXHIBIT " B " Description for a 3.73 acre tract of land in Section 80, Block A, Lubbock, County, Texas: Beginning at a point which is 1562.50 feet east and 1784.95 feet South of the Northwest corner of Section 80, Block A, Lubbock County, Texas; Thence North 500.00 feet to a point, point being the Northeast corner of this tract; Thence West 500.00 feet to a point, point being the Northwest corner of this tract; Thence South 150.00 feet to a point, point being the Southwest corner of this tract; Thence 610.33 feet in a Southeasterly direction to the point of beginning. �cca0tr Z2, 139� Resolution No. 2004—RO186 Agenda Item i29 JCR:da RESOLUTION A RESOLUTION AHENOING RESOLUTION 40. 2431 BY REPEALING SECTION ! THEREOF WHICH AOOPTED SELF INSURANCE COVERAGE FOR TKE CITY Of LUBBOCX AS PROVIDED BY THE TEXAS MUNICIPAL LEAGUE JOINT SELF INSURANCE FUND AND IN ITS STEAD AOOPTING A NEW STATEMENT OF COVERAGE FOR THE CITY OF LUGWK LIABILITY SELF INSURANCE PROGRAM. WHEREAS, the City of Lubbock did heretofore by Resolution Me. 2481 create the City of Lubbock's $elf Insurance Fund; &Ad WHEREAS, 1n sold 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 dews it to be in the best interest of the City of Lubbock to repeal the coverage adopted under Resolution No. 2481 and in its stead to substitute a now statwnt of coverage tar the City of Lubbock Self Insurance Fund; NOW THEREFORE: BE IT RESOLVED BY THE CITY COINICIL OF THE CITY OF LUISOCK: SECTION 1. THAT Section S of Resolution No. 2441 adopting the Texas Municipal League Joint Self Insurance Fund as they coverage decwet for the Lubbock Self Insurance Fund is hereby in all things repealed. SECTION 2. THAT the City of Lubbock StaUMOt of Coverage Liability $elf Insurance P" rm attached to this Resolution as Exhibit A and sade a part hereof for all purposos is hereby adopted as the coverage to be afforded under the City of Lubbock Self Insurance Fund. SECTION ). Save and Except as herein repealod or asended, Resolution No. 2441 shall rwis is full force and effect. Passed by the City Couecii'this day Of October , W. .d L.bPhw:. eur,-PON— A • anet AP'ROYEO AS TO CON101: Ciq► it FloWlal Services AS • M+7 Ross, Jr., C Tty Atterney Resolution No. 2004—RO186 April 22. 2004 Item No. 16 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS LEASE AGREEMENT is entered into as of this ZZ day of (AM L > 2004, between Bowers Property Management, 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 80, Block A, Lubbock County, Texas, further described in the attached Exhibits "A" and "B", does hereby lease unto LESSEE said premises to be used as a stack lot for street construction building materials. II. The term of this lease shall be for 1 year, beginning AfR ►L 2 L , 2004, and ending APR I 21 , 2005. This lease shall be automatically renewed for 4 additional 1 year periods not to exceed five (5) years total unless LESSOR or LESSEE shall notify the other in writing in advance thirty (30) days before the end of a one (1) year 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 Bowers Property Management, 401 North IH 27, Lubbock, Texas, 79403 or to Ed Bucy, Right -of -Way Agent, City of Lubbock, P.O. 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 $9,300.00 per 1" year period during the life of this first term of the lease, the first 1 year payment being due on or before APR i L 2 2. , 2004, and each subsequent lease payment shall be due on or before the first day of each subsequent one year 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, if applicable. LESSEE will be allowed to park city equipment inside the fenced area which will be locked and the city will be given a key. LESSEE will be allowed to dump construction material in the berm area west of the land in Exhibits "A" and `B" with permission of LESSOR. VI. 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. /--UL) `-1 - k-U 1(a (P VH. LESSEE will be allowed to fence the area described in Exhibits "A" and "B" if necessary. 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. VM. LESSEE must control materials that are accumulated or deposited on said property (land), not to violate any laws of the Environmental Protection Act or the Texas Natural Resource Conservation Commission. LESSEE: LESSOR: CITY OF LUB CK BOWERS PROPERTY MANAGEMENT z BY: C McEbdUGkL, MAYOR GARLAND BOWERS, MANAGER ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney/Office Practice 2 STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared Marc McDougal, Mayor, known 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 under my hand and seal of office this day of 2I L. , A.D., 2004. CELIA WEBB Nary FU*, site of Tetaa e, y -M STATE OF TEXAS COUNTY OF LUBBOCK (!Lt-6-k, Notary Public to and for the State of Texas 0 This instrument was acknowledged before me this Gk►, day of APx t L 2004, by Garland Bowers, on behalf of Bowers Property Management. EDWARD WiLSON Bl1CY �✓ . Notary Public, Stan of Te»t Notary Public in and for the State of Texas My Cotmninion FROM 11-21-2007 gs/cityatt/Linda/Agreements/Lease Agreement -Bowers Property Management March 24, 2004