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HomeMy WebLinkAboutResolution - 6403 - Lease Agreement - Purina Mills Inc. - 06_24_1999Resolution No. 6403 June 24, 1999 Item No. 22 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 department dirt, by and between the City of Lubbock and Purina Mills, Inc. and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24th A EST: I UdL- ) Ka44 Darnell City Mcretary APPROVED AS TO CONTENT: Ed Bucy Right -of -Way Agent APPROVED AS TO FORM: 1110 Sim s 1 y Attorney Ccdocs na Mills, Inc. June 1, 999 Resolution No. 6403 June 24, 1999 Item No. 22 LEASE AGREEMENT This lease made this day of , 19 , by and between PURINA MILLS, INC., hereinafter called Lessor, whose address is 1401 South Hanley Road, St. Louis, Missouri 63144 and the CITY OF LUBBOCK, hereinafter called Lessee, whose address is P. O. Box 2000, Lubbock, Texas 79457. The following premises are hereby leased by Lessor to Lessee to have and to hold for the term, the uses and the rent specified below and subject to the options, if any, hereinafter provided. A. PREMISES: Situated in the County of Lubbock, State of Texas, being more particularly described as: Portion of land in Section 1, Block A, further described in attached "Exhibit A." B. USES: Lessee may only use the premises for: Stack lot for dirt. C. TERM: Beginning: February 14, 1999, and ending May 13, 1999. This lease shall be automatically renewed for additional three (3) month periods not to exceed twenty-four (24) months total unless LESSOR or LESSEE shall notify the other in writing in advance thirty (30) days before the end of a three (3) months 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 Armin Johnson, Purina Mills, Inc., 201 E. Municipal Drive, 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. D. RENT: Three Hundred and 00/100 Dollars ($300.00) per three (3) month period payable in advance during the life of the lease, the first three (3) month payment being due on or before February 14, 1999, and each subsequent lease payment shall be due on or before the first day of each subsequent three (3) month period thereafter. Rent shall be paid to Lessor at address designated by Lessor. 2. Subject to modifications hereinafter appearing, if any, the parties agree as follows: A. COVENANTS OF LESSOR: Lessor hereby covenants that: Lessor has good and merchantable title in fee simple to the premises and improvements; Lessor is and shall be in possession on the date this lease commences; Lessor has good right to make this lease for the full term hereby granted, including any period for which the Lessee has the right to effect the extension hereunder. B. DAMAGE BY ELEMENTS, ETC.: If by fire, lightning, explosion, wind, earthquake, water, ice, hail, snow, termites, settling or impact, the premises are so damaged that their utility for the Lessee's purposes is substantially impaired, Lessor shall have the option to repair such damage. But if Lessor shall not have begun to repair such damage within sixty (60) days after Lessee's written request, Lessee may cancel this lease at any time. If Lessor, however, shall not have begun such repairs within said sixty (60) days, but thereafter in writing shall offer to do so within an equal period, Lessee's privilege of cancellation must be exercised within ten (10) days following such offer or it shall expire, subject to revival if the repairs are not so made. In case of such damage, the rent shall abate in a just proportion to the resulting unfitness of the premises so long as such unfitness shall continue; and if the lease is canceled as aforesaid, the rent shall be payable ratably to the date of cancellation. Lessee's rights to abatement of rent shall not be applicable if such damage is caused by Lessee's negligence. C. MAINTENANCE, ETC.: Dirt will not be stacked on the road area across the property. Lessee shall not permit the existence of any nuisance on the said premises and shall keep and maintain the same in a proper, clean, safe and sanitary condition, free and clear of any explosive, inflammable, or combustible material which would increase or tend to increase the risk of fire or explosion; Lessee shall commit no waste, damage or injury to the premises or any part thereof and shall take all reasonable precautions to prevent others from doing so; Lessee shall keep, observe and comply with all federal, state and municipal regulations, ordinances and laws, and with the regulations of any duly constituted legal authority having jurisdiction over the premises, and at Lessee's sole cost shall make any and all improvements, alterations, repairs and additions and install all appliances required as a result of Lessee's use of said premises by or under any such regulations, ordinances or laws; the Lessee shall, at Lessee's sole cost and expense, keep the premises hereby demised in good condition, and shall make all repairs, renewals and replacements that from time to time may be necessary to keep the premises in good condition and ready and fit for occupancy, and for the operations for which they are intended; and on termination of said leasehold, either by expiration of the terms hereof or by cancellation, Lessee shall surrender said premises in the same condition as when Lessee took possession hereunder, ordinary wear and tear excepted. If Lessee fails to fulfill these obligations, Lessor may do any work required hereunder, and Lessee shall reimburse Lessor for the cost and expense thereof. D. ALTERATION AND RESTORATION BY LESSEE: Lessee shall have the right, after Lessor's prior written approval, at its own expense, to make such alterations, installations or improvements in and upon the same as Lessee may desire. Lessor's approval shall be contingent upon receipt and evaluation of the following: 1) Specifications 2) Contract or estimate of cost 3) Performance bond furnished, or funds placed in a construction escrow account for payment of said contract or estimate Lessee's failure to obtain Lessor's prior written approval shall be an act of default. Lessee shall maintain and repair (at Lessee's expense) all said alterations, installations or improvements. E. TERNIINATION: Upon the termination of this lease in any manner herein provided, Lessee shall forthwith surrender to Lessor possession of the premises and shall remove all improvements added by Lessee and restore the premises to the same state which they were in prior to the addition of such improvements, ordinary wear and tear excepted, and in case Lessee shall fail, within thirty (30) days after the date of such termination to make such removal or restoration, then Lessor may, at its election, to be exercised within thirty (30) days thereafter, either take and hold such improvements as its sole property; or remove such improvements and restore the premises for the account of Lessee, and in such latter event Lessee shall, within thirty (30) days after the rendition of a bill therefor, reimburse Lessor for the cost so incurred. If Lessee defaults in any of the covenants and agreements to be performed by Lessee as required herein, Lessor, at Lessor's option, may take and hold such improvements as its sole property, or require removal as provided above. F. INSURANCE: Lessor acknowledges that Lessee is self -insured as evidenced by the certificate attached hereto. G. TAXES: Lessor shall pay all taxes and special assessments levied upon the premises or the use thereof. Cost for said taxes and special assessments shall be the responsibility of Lessee, and Lessee shall reimburse Lessor for said costs upon receipt of invoice from Lessor. H. ASSIGNING, SUBLETTING: Lessee may assign this lease or sublet the premises only with the express written consent of Lessor, which shall not be withheld unreasonably. No such assignment or sublease shall release Lessee from fulfillment of its obligations hereunder. If Lessee assigns or sublets without consent of Lessor, Lessor may terminate this lease immediately. I. RE-ENTRY UPON DEFAULT: Act of Default. The term "act of default" shall mean and include any one or more of the following events: 1) A petition in bankruptcy, reorganization, composition, arrangement or for the appointment of a receiver is filed by or against Lessee under the federal bankruptcy laws or any other state or federal bankruptcy or insolvency laws or any laws relating to the relief of debtors, which is not discharged within thirty (30) days from the date of filing; or 2) The cessation of business by Lessee as a going concern, or the Lessee commits an act of bankruptcy; or 3) The making of any assignment for the benefit of creditors by Lessee or the acquiescence by Lessee to the filing by another of a petition in bankruptcy against Lessee; or 4) Lessee's default in any monthly payments or rent or other payments required to be made by Lessee hereunder when due as herein provided and such default continues for ten (10) days after notice thereof in writing to Lessee; or 5) Lessee's default in any of the other covenants and agreements herein contained to be kept, observed and performed by Lessee, and such default continues for thirty (30) days after notice thereof in writing to Lessee; provided, however, if such default cannot with due diligence be cured within a period of thirty (30) days, and if Lessee prior to the expiration of thirty (30) days from the giving of such notice, commences to cure such default and proceeds diligently and with reasonable dispatch to cure such default and does so cure such default, then Lessor shall not be entitled to exercise its rights as to such act of default. Lessor's Remedies: In addition to all other rights and elections provided in this lease and all other legal or equitable remedies or damages provided by law, in the event of an act of default Lessor may elect by ten (10) days' prior written notice to Lessee to: 1) Perform any of the covenants and agreements to be performed by Lessee as required herein, and any sums expended including but not limited to attorneys fees shall be due and payable on demand. 2) Terminate this lease and re-enter and retake possession by summary proceedings and Lessee shall thereupon be obligated to pay to Lessor as damages, a sum of money equal to the cost of recovering the premises, including but not limited to attorneys fees. 3) Terminate Lessee's right of possession without terminating this lease and re-enter and retake possession by summary proceedings, and relet the premises for the Lessee's account and receive the rent therefrom. Lessor shall make reasonable efforts to relet the premises at such rent and other terms as Lessor may deem advisable. Lessor may, on behalf of Lessee, perform any of the covenants and agreements to be performed by Lessee as required herein, and any sums so expended shall become due and payable on demand. Lessee shall be obligated to pay to Lessor all sums due as aforesaid, the costs of reletting (including but not limited to attorneys fees) and the minimum rental provided for herein, less any sums received by Lessor upon reletting of the premises. 4) Demand immediate payment of the total rent that would be paid to the end of this lease. 4 J. LESSOR'S EXPENSES: Lessee shall reimburse Lessor for any expenses (including but not limited to attorneys' fees and court costs) incurred by Lessor in enforcing Lessee's covenants and agreements under this lease. K. CONDEMNATION: If a part of the premises is taken by any public or quasi -public authority, rent shall abate in proportion to the extent to which Lessee's utilization of the premises is adversely affected. If the premises are rendered unusable for the purposes set forth herein as a result of such condemnation, Lessee shall have the right to terminate this lease, which right must be exercised within thirty (30) days from the date the property becomes unusable, but Lessee shall have no other rights or claims to the condemnation award or against the Lessor due to the termination or abatement of this lease due to the aforesaid condemnation. L. HOLDING OVER: If Lessee should continue to occupy the premises following expiration of the term hereunder or any final term for which this lease may by express agreement be extended, and rent is thereafter accepted by Lessor, Lessee shall be deemed a month -to- month tenant, and all the terms hereof shall be applicable. M. LANDLORD'S LIEN: Any sum which Lessee is obligated to pay under the provisions of this agreement shall constitute, when due and unpaid, a lien enforceable at law by Lessor upon any building, improvements or other property of Lessee located on the said premises. N. WAIVER: A waiver by Lessor of a default under any covenant of this lease shall not be deemed a waiver of any subsequent default of the Lessee. O. NOTICES, REPRESENTATIVES: All notices and payments under this lease shall be directed to the address hereto appearing of the party for whom the same are intended or of such party's representative, if any, herein named, and any such representative shall have authority to receive said notices and payments, except as otherwise provided in this lease or in the written instructions to the sender. Notices under this lease shall be given by first class mail and shall be deemed given when properly addressed with sufficient postage affixed, and deposited in the U.S. mails. Postmark on the envelope transmitting notice shall determine date of notice. 3. This lease shall bind and inure to the benefit of the respective heirs, executors, administrators, and successors of all parties hereto. 4. No party hereto shall be chargeable with any agreement or representation, either past, present or future, enlarging the obligations or modifying or annulling the rights of such party as Lessee or Lessor, unless such agreement or representation be expressed in a subsequent writing signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the date above written. EXHIBIT A BEGINNING at a point which is 15.60 feet South of the Northwest corner of Section 1, Block A, Lubbock County, Texas. THENCE South 620.50 feet to a point; THENCE North 40°21' E. 3 50. 00 feet to a point; THENCE North 3203832" W. 420.12 feet to the POINT OF BEGINNING. CONTAINING 1.614 acres of land, more or less. CERTIFICATE OF SELF-INSURANCE The undersigned officer of the City of Lubbock, Texas, a Texas home rule municipality, hereby certifies that the City of Lubbock is self -insured for workers' compensation, auto liability, and general liability in accordance with the laws of the State of Texas and that the current balance of the self-insurance fund is $5,136,957. The existing cash asset balance is $8,907,263 as of the date stated below. Leisa Hutcheson Date: September 30,1998 Risk Management Coordinator GASAFETY DOCUMENTSTERTiNS99.doc r•eso lu t Ior. +167Z October 22, 1987 Agenda Item #29 JCR:da RESOLUTION A RESOLUTION AMENDING RESOLUTION N0. 2481 BY REPEALING SECTION 5 THEREOF WHICH ADOPTED SELF INSURANCE COVERAGE FOR THE CITY OF LUBBOCK AS PROVIDED BY THE TEXAS MUNICIPAL LEAGUE JOINT SELF INSURANCE FUND AND IN ITS STEAD ADOPTING A NEW STATEMENT OF COVERAGE FOR THE CITY OF LU880CK LIABILITY SELF INSURANCE PROGRAM. WHEREAS, the City of Lubbock did heretofore by Resolution No. 2481 create the City of Lubbock's Self Insurance Fund; and WHEREAS, in said 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 deems 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 new statement of coverage for the City of Lubbock Self Insurance Fund; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT Section 5 of Resolution No. 2481 adopting the Texas Municipal League Joint Self Insurance Fund as the coverage document for the Lubbock Self Insurance Fund is hereby in all things repealed. SECTION 2. THAT the City of Lubbock Statement of Coverage Liability Self Insurance Program attached to this Resolution as Exhibit A and made a part hereof for all purposes is hereby adopted as the coverage to be afforded under the City of Lubbock Self Insurance Fund. SECTION 3. Save and Except as herein repealed or amended, Resolution No. 2481 shall remain in full force and effect. Passed by the City Council this 22nd day of October , 1987. .C. "INN, MAYOR • APPROVED AS TO CONTENT: 9 Attachmgnt 9 90ba"r—t6mmMalsengale(Assistant City Manager for Financial Services APPROVED AS T A�7� I o C. Ross, Jr., City At orney LESSOR: PURINA MILLS, INC. LESSEE: CITY OF _n Name: Title: ATTEST: Kaythi arnell, City Secretary Approved as to Content: Ed Bucy, Right of Way gent Approved as to Form: 4A2myy-S:::i�m-1s,�sistCi ttorney 0 Resolution No. 6403 ' June 24, 1999 Item No. 22 LEASE AGREEMENT This lease made this .W4 �ay of fe 6 rka r H , 19by and between PURINA MII,LS, INC., hereinafter called Lessor, whose address is 1401 South Hanley Road, St. Louis, Missouri 63144 and the CITY OF LUBBOCK, hereinafter called Lessee, whose address is P. O. Box 2000, Lubbock, Texas 79457. The following premises are hereby leased by Lessor to Lessee to have and to hold for the term, the uses and the rent specified below and subject to the options, if any, hereinafter provided. A. PREMISES: Situated in the County of Lubbock, State of Texas, being more particularly described as: Portion of land in Section 1, Block A, further described in attached "Exhibit A." B. USES: Lessee may only use the premises for: Stack lot for dirt. C. TERM: Beginning: February 14, 1999, and ending May 13, 1999. This lease shall be automatically renewed for additional three (3) month periods not to exceed twenty-four (24) months total unless LESSOR or LESSEE shall notify the other in writing in advance thirty (30) days before the end of a three (3) months 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 Armin Johnson, Purina Mills, Inc., 201 E. Municipal Drive, 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. D. RENT: Three Hundred and 00/100 Dollars ($300.00) per three (3) month period payable in advance during the life of the lease, the first three (3) month payment being due on or before February 14, 1999, and each subsequent lease payment shall be due on or before the first day of each subsequent three (3) month period thereafter. Rent shall be paid to Lessor at address designated by Lessor. 2. Subject to modifications hereinafter appearing, if any, the parties agree as follows: A. COVENANTS OF LESSOR: Lessor hereby covenants that: Lessor has good and merchantable title in fee simple to the premises and improvements; Lessor is and shall be in possession on the date this lease commences; Lessor has good right to make this lease for the full term hereby granted, including any period for which the Lessee has the right to effect the extension hereunder. B. DAMAGE BY ELEMENTS, ETC.: If by fire, lightning, explosion, wind, earthquake, water, ice, hail, snow, termites, settling or impact, the premises are so damaged that their utility for the Lessee's purposes is substantially impaired, Lessor shall have the option to repair such damage. But if Lessor shall not have begun to repair such damage within sixty (60) days after Lessee's written request, Lessee may cancel this lease at any time. If Lessor, however, shall not have begun such repairs within said sixty (60) days, but thereafter in writing shall offer to do so within an equal period, Lessee's privilege of cancellation must be exercised within ten (10) days following such offer or it shall expire, subject to revival if the repairs are not so made. In case of such damage, the rent shall abate in a just proportion to the resulting unfitness of the premises so long as such unfitness shall continue; and if the lease is canceled as aforesaid, the rent shall be payable ratably to the date of cancellation. Lessee's rights to abatement of rent shall not be applicable if such damage is caused by Lessee's negligence. C. MAINTENANCE, ETC.: Dirt will not be stacked on the road area across the property. Lessee shall not permit the existence of any nuisance on the said premises and shall keep and maintain the same in a proper, clean, safe and sanitary condition, free and clear of any explosive, inflammable, or combustible material which would increase or tend to increase the risk of fire or explosion; Lessee shall commit no waste, damage or injury to the premises or any part thereof and shall take all reasonable precautions to prevent others from doing so; Lessee shall keep, observe and comply with all federal, state and municipal regulations, ordinances and laws, and with the regulations of any duly constituted legal authority having jurisdiction over the premises, and at Lessee's sole cost shall make any and all improvements, alterations, repairs and additions and install all appliances required as a result of Lessee's use of said premises by or under any such regulations, ordinances or laws; the Lessee shall, at Lessee's sole cost and expense, keep the premises hereby demised in good condition, and shall make all repairs, renewals and replacements that from time to time may be necessary to keep the premises in good condition and ready and fit for occupancy, and for the operations for which they are intended; and on termination of said leasehold, either by expiration of the terms hereof or by cancellation, Lessee shall surrender said premises in the same condition as when Lessee took possession hereunder, ordinary wear and tear excepted. If Lessee fails to fulfill these obligations, Lessor may do any work required hereunder, and Lessee shall reimburse Lessor for the cost and expense thereof. D. ALTERATION AND RESTORATION BY LESSEE: Lessee shall have the right, after Lessor's prior written approval, at its own expense, to make such alterations, installations or improvements in and upon the same as Lessee may desire. Lessor's approval shall be contingent upon receipt and evaluation of the following: 1) Specifications 2) Contract or estimate of cost 3) Performance bond furnished, or funds placed in a construction escrow account for payment of said contract or estimate 2 Lessee's failure to obtain Lessor's prior written approval shall be an act of default. Lessee shall maintain and repair (at Lessee's expense) all said alterations, installations or improvements. E. TERMINATION: Upon the termination of this lease in any manner herein provided, Lessee shall forthwith surrender to Lessor possession of the premises and shall remove all improvements added by Lessee and restore the premises to the same state which they were in prior to the addition of such improvements, ordinary wear and tear excepted, and in case Lessee shall fail, within thirty (30) days after the date of such termination to make such removal or restoration, then Lessor may, at its election, to be exercised within thirty (30) days thereafter, either take and hold such improvements as its sole property; or remove such improvements and restore the premises for the account of Lessee, and in such latter event Lessee shall, within thirty (30) days after the rendition of a bill therefor, reimburse Lessor for the cost so incurred. If Lessee defaults in any of the covenants and agreements to be performed by Lessee as required herein, Lessor, at Lessor's option, may take and hold such improvements as its sole property, or require removal as provided above. F. INSURANCE: Lessor acknowledges that Lessee is self -insured as evidenced by the certificate attached hereto. G. TAXES: Lessor shall pay all taxes and special assessments levied upon the premises or the use thereof. Cost for said taxes and special assessments shall be the responsibility of Lessee, and Lessee shall reimburse Lessor for said costs upon receipt of invoice from Lessor. H. ASSIGNING, SUBLETTING: Lessee may assign this lease or sublet the premises only with the express written consent of Lessor, which shall not be withheld unreasonably. No such assignment or sublease shall release Lessee from fulfillment of its obligations hereunder. If Lessee assigns or sublets without consent of Lessor, Lessor may terminate this lease immediately. RE-ENTRY UPON DEFAULT: Act of Default. The term "act of default" shall mean and include any one or more of the following events: 1) A petition in bankruptcy, reorganization, composition, arrangement or for the appointment of a receiver is filed by or against Lessee under the federal bankruptcy laws or any other state or federal bankruptcy or insolvency laws or any laws relating to the relief of debtors, which is not discharged within thirty (30) days from the date of filing; or 2) The cessation of business by Lessee as a going concern, or the Lessee commits an act of bankruptcy; or 3) The making of any assignment for the benefit of creditors by Lessee or the acquiescence by Lessee to the filing by another of a petition in bankruptcy against Lessee; or 4) Lessee's default in any monthly payments or rent or other payments required to be made by Lessee hereunder when due as herein provided and such default continues for ten (10) days after notice thereof in writing to Lessee; or 5) Lessee's default in any of the other covenants and agreements herein contained to be kept, observed and performed by Lessee, and such default continues for thirty (30) days after notice thereof in writing to Lessee; provided, however, if such default cannot with due diligence be cured within a period of thirty (30) days, and if Lessee prior to the expiration of thirty (30) days from the giving of such notice, commences to cure such default and proceeds diligently and with reasonable dispatch to cure such default and does so cure such default, then Lessor shall not be entitled to exercise its rights as to such act of default. Lessor's Remedies; In addition to all other rights and elections provided in this lease and all other legal or equitable remedies or damages provided by law, in the event of an act of default Lessor may elect by ten (10) days' prior written notice to Lessee to: 1) Perform any of the covenants and agreements to be performed by Lessee as required herein, and any sums expended including but not limited to attorneys fees shall be due and payable on demand. 2) Terminate this lease and re-enter and retake possession by summary proceedings and Lessee shall thereupon be obligated to pay to Lessor as damages, a sum of money equal to the cost of recovering the premises, including but not limited to attorneys fees. 3) Terminate Lessee's right of possession without terminating this lease and re-enter and retake possession by summary proceedings, and relet the premises for the Lessee's account and receive the rent therefrom. Lessor shall make reasonable efforts to relet the premises at such rent and other terms as Lessor may deem advisable. Lessor may, on behalf of Lessee, perform any of the covenants and agreements to be performed by Lessee as required herein, and any sums so expended shall become due and payable on demand. Lessee shall be obligated to pay to Lessor all sums due as aforesaid, the costs of reletting (including but not limited to attorneys fees) and the minimum rental provided for herein, less any sums received by Lessor upon reletting of the premises. 4) Demand immediate payment of the total rent that would be paid to the end of this lease. 4 J. LESSOR'S EXPENSES: Lessee shall reimburse Lessor for any expenses (including but not limited to attorneys' fees and court costs) incurred by Lessor in enforcing Lessee's covenants and agreements under this lease. K. CONDEMNATION: If a part of the premises is taken by any public or quasi -public authority, rent shall abate in proportion to the extent to which Lessee's utilization of the premises is adversely affected. If the premises are rendered unusable for the purposes set forth herein as a result of such condemnation, Lessee shall have the right to terminate this lease, which right must be exercised within thirty (30) days from the date the property becomes unusable, but Lessee shall have no other rights or claims to the condemnation award or against the Lessor due to the termination or abatement of this lease due to the aforesaid condemnation. L. HOLDING OVER: If Lessee should continue to occupy the premises following expiration of the term hereunder or any final term for which this lease may by express agreement be extended, and rent is thereafter accepted by Lessor, Lessee shall be deemed a month -to- month tenant, and all the terms hereof shall be applicable. M. LANDLORD'S LIEN: Any sum which Lessee is obligated to pay under the provisions of this agreement shall constitute, when due and unpaid, a lien enforceable at law by Lessor upon any building, improvements or other property of Lessee located on the said premises. N. WAIVER: A waiver by Lessor of a default under any covenant of this lease shall not be deemed a waiver of any subsequent default of the Lessee. O. NOTICES, REPRESENTATIVES: All notices and payments under this lease shall be directed to the address hereto appearing of the party for whom the same are intended or of such party's representative, if any, herein named, and any such representative shall have authority to receive said notices and payments, except as otherwise provided in this lease or in the written instructions to the sender. Notices under this lease shall be given by first class mail and shall be deemed given when properly addressed with sufficient postage affixed, and deposited in the U.S. mails. Postmark on the envelope transmitting notice shall determine date of notice. This lease shall bind and inure to the benefit of the respective heirs, executors, administrators, and successors of all parties hereto. 4. No party hereto shall be chargeable with any agreement or representation, either past, present or future, enlarging the obligations or modifying or annulling the rights of such party as Lessee or Lessor, unless such agreement or representation be expressed in a subsequent writing signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the date above written. EXHIBIT A BEGINNING at a point which is 15.60 feet South of the Northwest corner of Section 1, Block A, Lubbock County, Texas. THENCE South 620.50 feet to a point; THENCE North 40021' E. 350.00 feet to a point; THENCE North 3203832" W. 420.12 feet to the POINT OF BEGINNING. CONTAINING 1.614 acres of land, more or less. CERTIFICATE OF SELF-INSURANCE The- undersigned officer of the City of Lubbock, Texas, a Texas home rule municipality, hereby certifies that the City of Lubbock is self -insured for workers' compensation, auto liability, and general liability in accordance with the laws of the State of Texas and that the current balance of the self-insurance fund is $5,136,957. The existing cash asset balance is $8,907,263 as of the date stated below. (::� - e. �, // Leisa Hutcheson Date: September 30,1998 Risk Management Coordinator GASAFETY DOCUMENTSTERTiNS98.doc Keso lut 1or1 #2672 October 22, 1987 Agenda Item #29 JCR:da RESOLUTION A RESOLUTION AMENDING RESOLUTION 40. 2481 BY REPEALING SECTION 5 THEREOF WHICH ADOPTED SELF INSURANCE COVERAGE FOR THE CITY OF LUBBOCK AS PROVIDED BY THE TEXAS KMICIPAL LEAGUE JOINT SELF INSURANCE FUND AND IN ITS STEAD ADOPTING A NEW STATEMENT OF COVERAGE FOR THE CITY OF LUBBOCK LIABILITY SELF INSURANCE PROGRAM. WHEREAS, the City of Lubbock did heretofore by Resolution No. 2481 create the City of Lubbock's Self Insurance Fund; and WHEREAS, in said 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 deems 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 new statement of coverage for the City of Lubbock Self Insurance Fund; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 5 of Resolution No. 2481 adopting the Texas Municipal League Joint Self Insurance Fund as the coverage document for the Lubbock Self Insurance Fund is hereby in all things repealed. SECTION 2. THAT the City of Lubbock Statement of Coverage Liability Self Insurance Program attached to this Resolution as Exhibit A and made a part hereof for all purposes is hereby adopted as the coverage to be afforded under the City of Lubbock Self Insurance Fund. SECTION 3. Save and Except as herein repealed or amended, Resolution No. 2481 shall remain in full force and effect. Passed by the City Council this 22nd day of October , 1987. N• C..• e� B.C. MCMINN, MAYOR , city secretary APPROVED AS TO CONTENT: 9 Attachment 9 98heMsrt aAssistant City Manager for Financial Services APPROVED AS T �� c C— ,104b C. ROSS, Jr., C ty At orney LESSOR: PURINA MILLS, INC. By: L WeltName: ;�4- ,V0 Title: LESSEE: CITY OF LUB O K �0'a j �t Name: Wind n Mayor ATTEST: �J Kaythi arnell, City Secretary Approved as to Content: Ed Bucy, Right of Way Agent Approved as to Form: r Amy Sim , ssis nt City Attorney 6 Purina Mills, Inc. July 13, 1999 Mr. Ed Bucy Right -of -Way Agent City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 Dear Mr. Bucy: Re: Purina Mills Land Lease - Lubbock Enclosed is a duplicate original of the Lease Agreement between the City of Lubbock and Purina Mills, Inc. It has been executed on behalf of Purina Mills, Inc. Sincerely, Nella Watters Real Estate Administration enc. Cc: Mr. A. E. Johnson - Lubbock (with copy of enclosure) P.O. Box 66812 1401 S. Hanley Road St. Louis, Missouri 63166-6812 St. Louis, Missouri 63144 ZM 4432C-9112