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Home My WebLink AboutResolution - 1111 - Rental Agreement - Gene Messer Ford - Kuykendall Tract, Dupree Addition - 05_27_1982RESOLUTION 1111- 5/27/82 JCR:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City a Rental Agreement to be entered into by and between said City (as Lessor) and Gene Messer Ford, Inc. (as Lessee), at- tached 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 _Uthday of may n, 1982. r B LL MCALISTER, MAYOR ATTEST: Evelyn Gaf ga, ity Se&ea Treasurer APPROVED AS TO CONTENT: Denzel Per OTO full, DirTtoi' of Public Services APPROVED A FORM: 2...-, 1 John C. Ross, Jr., City Attorney +RESOLUTION 1111 - 5/27/82 r 6(TY Srtrpc � TARY-TREgSU,RER THE STATE OF TEXAS § COUNTY OF LUBBOCK § RENTAL CONTRACT This agreement entered into as of the 27th day of May, 1982, by and between the City of Lubbock, Texas, a Home Rule Municipality, herein called "Lessor", and Gene Messer Ford, Inc., a Texas Cor- poration, herein called "Lessee", WITNESSETH: I. This Contract is contingent upon, subject to, and shall not become effective in any manner unless and until Lessor obtains legal title to the real estate herein leased. It is anticipated that Lessor shall obtain such legal title as aforesaid in the near future, but this Rental Agreement shall not be construed as a guar- antee that such legal title can or will be obtained. II. Contingent upon the matters mentioned in Section I hereof, Lessor agrees to rent unto Lessee the premises described in Exhibit "A" hereto attached and made a part hereof. This Rental Agreement shall be for one month beginning on the first day of the month next after the month in which the Lessor obtains legal title to the real estate hereby leased, and so on from month to month until either Lessor or Lessee shall give to the other party 30 days notice in writing of its intention to terminate this lease; provided, however that unless this Rental Agreement is sooner terminated by either Lessor or Lessee as hereinbefore set forth, this Rental Agreement shall then in any event terminate on October 31, 1982. Such notice shall be made by certified United States Mail addressed to City Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 or President, Gene Messer Ford, Inc., 1902 Texas Avenue, Lubbock, Texas. In the event such termination is made on a day other than the first day of the month, the monthly rental shall be pro -rated to the day of termination in that month. The 30 day notice of termination shall be deemed served on the day it is posted in the United States Mail. IV. The compensation and consideration to be paid to Lessor by Lessee for the rental of premises herein concerned shall,be the sum of $3,000.00 per month payable in advance on the first day of the month during the life of this Rental Agreement, payable at City Hall, loth and Texas Avenue, Lubbock, Texas. V. Lessee agrees to maintain the premises in a good state of repair, reasonable wear and tear excepted, and to peacefully yield up possession of the premises unto Lessor upon termination of this Rental Agreement in as good condition as it was prior to this Agreement, reasonable wear and tear excepted. VI. Lessee shall pay all utilities of whatsoever kind or nature and covenants not to suffer, permit, or allow any utility bills to become a charge, encumberance, or lien upon the land which is the subject of this Rental Agreement. VII. It is understood and agreed that the Lessor will insure its own interest in the premises as it may see fit, but is under no duty to do so as regards the Lessee, and Lessor shall be under no duty to replace or restore any improvements (for the benefit of the Lessee) which are destroyed or damaged from whatever cause. VIII. The premises herein leased are leased to Lessee to be used as the location of an automobile agency and dealership and for no other purpose without the written consent of the Lessor. IX. This Rental Agreement shall not become operative or effective until duly executed by Lessor and Lessee, and this Contract is performable and shall be performed in the City of Lubbock, Lubbock County, Texas, and shall be governed by the laws of the State of Texas insofar as applicable hereto. X. In the event that the premises which are the subject of this Agreement are made unusable, for Lessee's purposes as a result of fire, earthquake, tornado, flood or other natural disaster then in such event this Agreement shall be considered terminated as of the date of such damage to the premises and of no further force or effect between the parties. Executed in duplicate originals by the undersigned Lessor and Lessee as of the date first above -written in the City of Lubbock, Lubbock County, Texas. LESSOR: CITY OF LU BY: BILL-McALISTER, MAYOR ATTEST: Evelyn Gdffga, Citf Sd tary-Treas. APPROVED AS TO CONTENT: e"17C U enze rci u Di ector o Public Fices APPROVED AS TO FORM: J n C. Ross, Jr., City Attorney LESSEE: GENE MESSER FORD, INK. / BY : A� GENE MESSER, PRESIDENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared BILL MCAL STER, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged t me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of the City of Lubbock. GIVEN UNDER MY HAND AND SEAL OF OFFICE this p( day of 1982. Notary Public in any for Lubbock County, Texas �on-r A2ta4co�.J �� THE STATE OF TEXAS COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared GENE MESSE President of Gene Messer Ford, Inc., a Corporation, 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, and in the capacity therein stated as the act and deed of said Corporation. GIVEN -UNDER MY HAND AND SEAL OF OFFICE this _ day of 1982. Notary YuDilc nr ana for Lubbock County, Texas • V..M SON SURVEYING CO , INC. 1716 Avenue M Lubbock, Texas (806) 763-3388 79401 P.,nril 23, 1982 FIE.ZD AC)TES Field notes on the North part of Lot 1, hots 29 through 36, Block 2, and the North end of Block 2 kncr,n as the Kuykendall Tract, Dupree Addition to the City of Lubbock, Lubbock County, Texas, all being in Section 7, Block B, Lubbock County, Texas and being more particularly described as follcF.'s: Becirminc at an "X" cut in concrete gutter at the intersection of the South R.O.W. line of 19th Street and the Fast R.O.[rT. line of Avenue J, for the Northwest corner of this tract, whence the Northwest corner of Section 7, Block B, bears North, 16.23 feet and West, 2000.36 feet; Thence South, alms the East R.O.W. line or Avenue J, a distance of 140.52 feet to an ':X" cat in concrete for a corner of this tract; :.Hence East, alona the East R.O.V. line of Avenue J, a distance of 10.0 feet to an "X" cut in concrete for a corner of this tract- Thence South, along the East R.O.W. line of Avenue J at 80.73 feet pass the Southwest corner of the Y.uykendall Tract and the Northwest corner of Lot 36, Block 2, IT.cree Addition, continuinc for a total distance of 397.37 feet to a 3/8" iron rod set for the Southwest corner of Lot 29, Block 2, Dupree Addition and the Southwest corner of this tract: Thence East alono the South line of said Lot 29, a distance of 106.6 feet to a 3" steel fence corner post set in concrete for the West -Southeast corner of this tract, whence the original Southeast corner of Trot 29 bears East, 4.0 feet; Thence North along a line 4.0 feet West of and parallel to the East line of Trots 29 through 36, a distance of 287.06 feet to a 3/8" iron roc? set for an inside corner of this tract; Thence East at 4.0 .feet pass the East line of Lot 36, at 16.0 feet pass the West line of Lot 1, continuing for a total distance of 121.6 feet to a 3/8" iron rod set in the West R.O.W. line of Texas Avenue, for the North -Southeast corner of this tract; Thence North along the West R.O.W. line of Texas Avenue, a distance of 121.5 feet to a point for a corner of this tract; Thence Fast along said R:O.59. line , a distance of 3_28 feet to a point for a corner of this tract; ` 1 016,093 Thence North 0026123" West along said R.0.4,7, line a distance of 75.56 feet t Point, for a corner of this tract; Thence North 0029'45" T:7est alone said R.O.t;'. line a distance of 54.41 feet to an "X" cut in concrete at the intersection of the West R.O.i, line of Texas Avenue and the South R.O.W. line of 19th Street, for the 2•Toriheast corn of this tract; Thence South 89050'57" T^Jest along the South R.O.W. line of. 19th Street, a distance of 240.43 feet to the place of 1-�eginnino. Containina 2.059 acres c C..ERTIFIM CORRECT. John Pd. i��ilsor. Registered Public Surveyor CLS/tm tt 1 t� *16,093