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HomeMy WebLinkAboutResolution - 3467 - Lease Agreement - Texas Parks & Wildlife Commission - Mackenzie State Park - 10_11_1990Resolution # 3467 October 1.1., 1990 Item #22 HW:da 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 between the City of Lubbock and the Texas Parks and Wildlife Department, attached 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 lath ATTEST: anette Boyd, City Secretary APPROVED AS TO CONTENT: Rita P. Harmon, Assistant City Manager APPROVED AS TO FORM: Harold Willard, Assistant City Attorney day of October 1990. B. C. McMI N, MAYOR p�, CASE a TEXAS COMMISSIONERS PARKS AND WILDLIFE DEPARTMENT 4200 Smith School Road • Austin, Texas 78744 • 512-389-4800 CHUCK NASH Chairman, San Marcos GEORGE C. "TIM" HIXON Vice -Chairman San Antonio BOB ARMSTRONG Austin LEE M. BASS Ft. Worth HENRY C. BECK, III Dallas December 6, 1990 DELO H. CASPARY Rockport JOHN WILSON KELSEY Houston BEATRICE CARR PICKENS Dallas Ms. Ranette Boyd, CMC/AAE A.R. (TONY) SANCHEZ, JR. Laredo City Secretary City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Dear Ms. Boyd: ANDREW SANSOM Executive Director I have enclosed the City's executed copy of the Mackenzie Park Lease. We have already filed the lease with the Lubbock County Clerk's Office. Thanks for your assistance. Sincerely, ` w 1 Michael �W.Hrring, Director Park Special Services 5 Enclosure HW:da LEASE AGREEMENT BETWEEN CITY OF LUBBOCK, TEXAS, AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement is made and entered into this 1-th day of October , 1990, by and between the City of Lub- bock, Texas, (hereinafter called "City") and the Texas Parks and Wildlife Department (hereinafter called "Department"), each act- ing by and through duly authorized officials. WITNESSETH: Recitals The City desires to lease Mackenzie State Park described below for public park purposes. The parties hereto represent to each other they are autho- rized to enter into this Agreement by the Constitution and laws of the State of Texas. Agreement For and in consideration of the mutual promises, covenants, obligations and benefits of this Agreement, the City and the Department agree as follows: I. LEASE Pursuant to V.T.C.A., Parks & Wildlife Code §13.006, the Department hereby leases at no cost to the City for public park purposes, that tract of land containing 542.2 acres more partic- r ularly described in Exhibit A attached hereto and made a part hereof for all purposes ("Park"). II. OPERATION AND MAINTENANCE A. The City agrees to continuously operate the Park as a public park. B. The City agrees to operate and maintain the Park for public park purposes at its own cost, risk, and expense. C. The City agrees to notify the Department of plans for major alteration of facilities prior to implementation of such plans. D. Entrance and use fees may be charged park visitors. E. The Park shall be kept in a clean, neat, attractive and safe condition during the term of this lease. F. Department reserves the right to go over and across the leased property to the extent necessary or convenient in the administration and operation of the properties of the Department. Department also reserves the right to enter the property at any reasonable hours and following reasonable notice for the purpose of inspection of its property. III. GENERAL PROVISIONS A. City acknowledges that it is familiar with the Park and, insofar as City may legally do so, agrees to indemnify and hold harmless the Department and its officers and employees against all claims and liabilities arising from the use and occu- pancy of the Park. - 2 - B. This lease shall be subject to change or modification but only with the prior written consent of the parties hereto. C. Rights granted by this lease may not be assigned to any third party; provided, however, nothing herein shall prevent the granting of concession agreements by the City. D. It is understood that the Park shall not be referred to as a state park. E. If there exists on the leased premises ground features of historical or archaeological importance, City agrees to pro- tect and preserve any such features as provided by law. F. Entire Agreement/Amendment: This lease contains the entire agreement between the parties hereto respecting the leased premises and may not be amended except by written mutual agree- ment of the parties. G. Titles: The titles of the paragraphs are for conve- nience of the parties for reference only and are not to be con- sidered in construing this Agreement. H. Venue: The parties hereto agree that venue is in Travis County, Texas, regarding any judicial action relating to this Agreement. I. Effect of Failure to Insist on Strict Compliance with Conditions: The failure of either party to insist on strict per- formance of any covenant or condition hereof, or to exercise any option herein contained, shall not be construed as a waiver of - 3 - such covenant, condition, or option in any other instance unless so provided by the terms hereof. J. Force Majeure: If either party shall be delayed in, or prevented from, the performance of any act required under this Agreement by reason of acts of God, governmental laws or regula- tions, specifically including the Land and Water Conservation Fund Act of 1965, or other cause, without fault and beyond the control of the party obligated, performance of such act shall be excused for the period of the delay, and the period for the per- formance of any such act shall be extended for a period equiva- lent to the period of such delay. IV. TERM/TERMINATION The term of this lease shall be for five (5) years, commenc- ing on December 1, 1990 and ending on November 30, 1995, unless sooner terminated as provided herein. should either party fail to fulfill any obligation of this lease, the party not in default shall serve written notice to the defaulting party describing the nature of the default, whereupon the defaulting party shall cor- rect same within sixty days of receipt of such notice. Failure to do so shall give the party not in default the right to termi- nate this lease at its option. The parties hereto contemplate a conveyance of the Park from the Department to the City. In such eventuality, this lease shall terminate effective on the date of the conveyance of the title to the property. y Executed in duplicate orig written. Approv►, s to Form Legali -� BY: ATTEST: lunette Boyd, City Secretary APPROVED AS TO CONTENT: Rita P. Harmon, Assistant City Manager APPROVED AS TO FORM: 42 l -J�j Harold Willard, Assistant City Attorney is as of the date first above TEXAS PARKS AND WILDLIFE DEPARTMENT BY A Vow ndrt/ eSansom Executive Director THE CITY OF LUBBOCK C. Mc INN, MAYOR APPROVAL OF ASSIGNMENT OF COUNTY LEASE Rodrick L.�Shaw, Lubbock Count Judge APP. DIED : p,.J. Beni" Hpmme.line, Assistant Criminal District Attorney - 5 - STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared B.C. McMINN, Mayor of the City of Lubbock, Texas, 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, in the capacity herein stated, and as the act and deed of said City of Lubbock, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this %��� day of 1990. Nota Public in and or the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared Andrew Sansom, Executive Director of Texas Parks and Wildlife Department, 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, in the capacity herein stated, and as the act and deed of said Texas Parks and Wildlife Department. GIVEN UN ER MY HAND AND SEAL OF OFFICE, this day of , 1990. No ary Public in and for the State of Texas My Commission Expires: a'q,,..�.U9 . JaY�4u C. EaSHEE Notary PuoUc, State of Texas ARy Commission Expires SEPT. 14, 1992 - 7 - Exhibit A Those four (4) tracts of land described in Volume 192, Pages 524-25 of the Deed Records of Lubbock County, Texas, SAVE AND EXCEPT those five (5) tracts of land previously recon- veyed to the City of Lubbock in Volume 680, Pages 545-47 of said Deed Records. The tract of land described in Volume 334, Pages 255-56 of the Deed Records of Lubbock County, Texas, said tract having been conveyed to Lubbock County by Geo. M. Boles in Volume 64, Page 617 of said Deed Records.