HomeMy WebLinkAboutResolution - 198 - Supplemental Agreement - ATSFRC - Contract #9361, Revising Annual Compensation - 06_28_1979DV:mw RESO #198 - 6/28/79
RESOLUTION
WHEREAS, the City of Lubbock has been leasing an area at the intersection
of 4th Street and Avenue J from the Atchison, Topeka and Santa Fe Railway
Company since 1942 for the sum of $1.00; and
WHEREAS, the Railway Company desires to increase the amount of such lease
to $240.00 per year and the City of Lubbock believes such amount to be reason-
able and justified and wishes to continue such lease; NOW THEREFORE:
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 Supplemental
Agreement to Santa Fe Lease Contract No. 9361 between the City of Lubbock
and the Atchison, Topeka and Santa Fe Railway Company, which Supplemental
Agreement is attached herewith and 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 28th day of June, 1979.
WEST, MAYOR
,ATTEST:
. 9
EOelyn Gaf a; City Sec et ry reasurer
APPROVED AS TO CONTENT:
�
)m
Denzel Perc ull, Di ctor of Public Services
APPROVED AS TO FORM:
t
DonaltKG. Vandiver, First Asst. City Attorney
Y 3* SANTA FE ORIGINAL FORMI07 STANDARD TIED TORESO # 198 - 6/28/79
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(Avmved by Genera: sonanw) E-39570
SUPPLEMENTAL AGREEMENT, made as of this 19th
day of June 19 79
, between
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, a Delaware corporation,
hereinafter referred to as "Santa Fe", and
CITY OF LUBBOCK, TEXAS, a Municipal corporation,
hereinafter, whether one party or more, referred to as "Second
Party".
RECITALS:
Santa F n a are now p es o a conDecember
Santa Fe's Secretary's Contract No. PSG` 9361together with any and all modifications, sup-
plements and amendments thereto, being hereinafter referred to as "Original Contract", under
which Second Party pays Santa_ Fe a compensation of 2 1.00 per year for the use of
a portion of Santa Fe property at or near Lubbock. Lubbock County, Texas
as a site for fence and storage yard.
The parties desire to modify the Original Contract as hereinafter provided.
AGREEMENT:
It Is mutually agreed that effective July 1, 1979
the compensation section of the Original Contract is hereby changed to read, as follows:
"Second Party shall pay to Santa Fe on or before the first day of each period of one . year^
during the continuance of this contract as compensation for the use of the Premises for
such period the sum of Two Hundred Forty and No/100 - - - - - - - - - Dollars
(; 240.00 ), Santa Fe may revise the amount of such annual compensation
after the end of each three year period during which this contract may remain in ef-
fect, and without affecting the right of either party hereto to terminate this contract at
any time as may be provided elsewhere herein."
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement
in duplicate as of the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By -
Its, Assistant to General Manager
CITY OF LUBBOCY,, TEXAS
B
Its Mayor
(Sec
°-nd Pary-)
RE S 0 L U T I ON NO. 198
---000---
BE IT KNOWN that on this the 28th day of June 1979,
at a regular meeting of the City Council of the City of Lubbock, Texas, there came on
to be considered the matter of the execution of a Supplemental Agreement between the
said City of Lubbock, Texas and The Atchison, Topeka and Santa Fe Railway Company,
relating to increasing rental on agreement dated December 1, 1942, covering use of a
portion of Santa Fe Railway Company property at or near Lubbock, Texas, as a site for
fence and storage yard, whereupon the following proceedings were had:
It was moved, seconded and unanimously voted that DIRK WEST
Mayor, be authorized and empowered to execute on behalf of
the City of Lubbock, Texas, such supplemental agreement, copy of which is hereto
attached, and the same be recorded in the minutes of the City Council at the foot of
this resolution.
STATE OF TEXAS
COUNTY OF LUBBOCK
I, Evelyn Gaffga , City Secretary, do hereby certify that
the above and foregoing is a true and correct copy of a resolution passed by the
City Council of said City in regular session on June 28 , 1979,
as the same appears of record in Book 38 , Page , Minutes of said City
Council.
IN TESTIMONY WHEREOF, witness my hand and the seal of said City, this
28th day of June , 1979.
( SEAL)
Ci FY Se retar