HomeMy WebLinkAboutResolution - 2849 - Lease Agreement- Putt Putt Golf Courses- Property, Lot 205 Midway Park Addition - 05_26_1988Resolution #2849
/`. May 26, 1988
�i Item 24
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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 (as Lessor) and Putt -Putt Golf Courses
of America, Inc., a corporation (as Lessee), covering property owned by said
City which is a portion of Lot 305, Midway Park Addition to the City of
Lubbock, Lubbock County, Texas, 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 ,26th day of May , 1988.
e Boyd, City Secretary
ED AS TO CONTENT:
Zerr*4mith, Director of Building
Services
APTU TO FORM:
J ort Fu lingim, Assistant ty
t orney
B. C. McMINN, MAYOR
Res. #2849
LEASE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
The City of Lubbock, A Home Rule Municipality located in
Lubbock County, Texas, herein called "LESSOR", and Putt -Putt Golf
Courses of America, Inc., a Corporation, herein called "LESSEE",
both Lessor and Lessee acting through their respective officers
and/or representatives undersigned and hereunto authorized to act
in their respective behalf do hereby mutually agree as follows:
LESSOR hereby leases to LESSEE that tract or parcel of land
located in the City of Lubbock, Lubbock County, Texas, described
as follows:
BEGINNING AT A POINT which bears North 1094.72 feet and
East 910.31 feet from the Southwest corner of Section
17, Block "B", Lubbock County, Texas;
THENCE North 53054' East a distance of 60 feet to a
point;
THENCE North 36006' West a distance of 219.63 feet to a
point;
THENCE South a distance of 101.88 feet to a point;
THENCE South 36106' East a distance of 137.31 feet to
the POINT OF BEGINNING.
Said property is out of and a part of property described as
Lot 305, Midway Park Addition to the City of Lubbock, Lubbock
County, Texas.
To hold the same to the LESSEE for an initial fifteen (15)
year term beginning the first day of June, 1988 and ending the
31st day of May, 2003. This Lease shall automatically be renewed
and extended for an additional ten (10) year term beginning the
first day of June, 2003 and ending the 31st day of May, 2013,
unless Lessor or Lessee give one hundred twenty (120) days
written notice to the other party prior to expiration of the
initial fifteen (15) year term by certified United States Mail to
such other party addressed to Lessor at P. O. Box 2000, Lubbock
Texas 79457, or the last known address of Lessor or, if to
Lessee, then address to P. O. Box 35237, Fayetteville, North
Carolina 28303, or last known address of Lessee, such notice to
state that Lessor or Lessee, as the case may be, does not intend
to renew the lease for another ten (10) year period.
This Lease is entered into under the following terms and
conditions:
1. The LESSEE shall pay to Lessor rent in advance during the
life of this lease, a monthly rental of $100.00 per month, the
first such payment being due the first day of June, 1988,
and successive monthly payments shall be made on the first day of
each subsequent month thereafter during the life of this lease.
2. The LESSEE shall not assign or sublet the premises or any
part thereof without the consent of Lessor's City Manager in
writing. Lessee shall not commit or permit any illegal use of
the property leased hereby.
3. The terms of this lease cannot be modified or altered except
by written amendment hereto.
4. LESSEE and Lessor each bind themselves and their respective
successors and assigns in respect to all terms and covenants of
this lease.
5. LESSOR has certain water lines in, under, and across the
premises hereby leased, and reserves the right of ingress,
egress, and regress for the purpose of inspecting, replacing,
reconstructing, constructing, repairing, and maintaining such
water lines and appurtenances thereto, or placing such new water
lines and appurtenances thereto and maintaining or replacing such
new lines as may be necessary to properly operate Lessor's water
system for benefit of the public. If Lessor damages any of
Lessee's paving improvements in exercising the rights reserved
unto Lessor in this Section of this lease, Lessor agrees to
repair such damage or cause such repairs to be made at Lessor's
expense.
6. Paving improvements for access roads and parking lots will
be done at Lessee's expense according to a plan of layout and
design as shown on a plat marked "Exhibit All and made a part
hereof for all purposes. Relocation of fences will be done as
shown on said Exhibit A at Lessee's expense, and such fence
relocation shall be accomplished by Lessee in such time manner as
shall be satisfactory to the Lessor's Director of Water Utilities
to the end that such fence relocation shall not interfere with
Lessor's water utility system operations. Such paving and
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fencing improvements shall become the property of the Lessor upon
the end or termination of this lease.
7. The LESSEE shall use the premises hereby leased as a parking
lot to serve its adjacent recreational enterprise, and agrees to
comply with all Zoning Ordinances and Regulations, Building
Codes, Subdivision Ordinances and Regulations, and Sign
Ordinances and Regulations, all such ordinances and regulations
being passed and/or promulgated by the City of Lubbock, Texas,
applicable to Lessee's construction of access roads and parking
lots, erection of signs, fencing, and applicable to Lessee's
operations conducted upon the leased premises.
8. LESSEE shall keep and maintain the premises leased hereby
and all improvements thereon situated in an attractive, safe,
clean, and orderly manner during the life of this lease at
Lessee's expense, and shall continue to mow and maintain at
Lessee's expense the adjacent Lessor's property which Lessee has
been previously maintaining. The Lessee agrees to hold the
Lessor harmless from all claims for any damage to any person or
property in or upon the leased premises.
9. LESSOR may terminate this lease for cause after a thirty
(30) day written notice to Lessee to cure any default or non-
compliance with the terms of the lease, and such default or non-
compliance is not cured by Lessee within such thirty (30) day
period.
10. LESSEE shall place curb or parking bumpers in parking lots
parallel to any fences to protect such fences at Lessee's
expense. Lessee, at Lessor's request, shall forthwith install a
curb stop or rail along and parallel to the north boundary line
of adjacent Lessor's property at Lessee's expense.
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EXECUTED this _ 19th day of May , 1988.
CITY OF LUBBOCK (LESSOR)
BY: f L •'0* =�
C. MCMINN. MAYOR
APPRO ED A TO FORM:
J. North- u lingim, Assis nt
C' Attorney
PUTT -PUTT GOLF COURSES OF
AMERICA, INC.
BY: J::�
ITS•ir
CHAIRMAN OF TH BOARD
(Title)
THE STATE OF NMTH CAR0[,INA §
• • • Jyi: p' y �,�
BEFORE ME, the undersigned authority, a Notary Public in and
for said County and State, on this day personally appeared
DON CLAYTON , 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 PUTT -PUTT
GOLF COURSES OF AMERICA, INC., a Corporation and as its
Chairman of the Board (Title) for the purposes
and consideration therein expressed and in the capacity therein
staffed i
i;IVENyUNDER MY HAND AND SEAL OF OFFICE this 19th day
of_ - '" rMay = 1988.
-_ My. Commission Expires: 1-20-91
Notary Public Cumberland
County, State of North Carolina
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for Lubbock County, Texas, on this day personally appeared B. C.
McMINN, 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, Texas and as
its MAYOR for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of
1988.
Notary Public, Lubbock County, Texas
MY CQMMISSION EXPIRES
NOVEMBER 30, 1989
OLIVIA R. SOUS
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