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Home My WebLink AboutResolution - 2001-R0205 - Lease Agreement - Indiana Baptist Church - 06/14/2001Resolution No. 2001-RO205 June 14, 2001 Item No. 31 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 Indiana Avenue Baptist Church, for a tract of land to be used as a stack lot for water utilities pipe and related materials, and related documents. Said agreement 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 14th day of June _, 2001. WINDY SIT N, MAYOR ATTEST: cpj"�� Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 4�� C C Ed Bucy Right -of -Way Agent APPROVED AS TO FORM: illiam de Haas Contract Manager/Attorney Dh/ecdocs/indianaAveBaptistChurch.res December 13, 2000 STATE OF TEXAS COUNTY OF LUBBOCK LEASE AGREEMENT Resolution No. 2001-RO205 June 14, 2001 Item No. 31 THIS LEASE AGREEMENT is entered into as of this 14th day of June , 2001, between Indiana Avenue Baptist Church, herein called "LESSOR" and the City of Lubbock, a Texas home rule municipality located in Lubbock County, Texas, herein called "LESSEE," said parties hereby contract and agree as follows: I. LESSOR, being the sole owner of a tract of land in Section 13, Block E-2, Lubbock County, Texas, further described in the attached Exhibit "A", does hereby lease unto LESSEE said premises to be used as a stack lot for water utilities pipe and related materials. II. The term of this lease shall be for 12 months, beginning�_�, 2001, and ending C 3 , 2002. This lease shall be automa Cally renewed for one six- month period unless LESSEE notifies LESSOR in writing 30 days before the end of the 12th month term LESSEE does not want to extend the lease another six months. Such notice of termination shall be mailed by the terminating party by certified United States Mail addressed to Indiana Avenue Baptist Church, 8315 Indiana Avenue, Lubbock, Texas 79423, or to Ed Bucy, Right -of -Way Agent, City of Lubbock, PO Box 2000, Lubbock, Texas 79457, as the case may be. LESSEE shall pay rent for the leased premises unto LESSOR in advance the sum of $1,000.00 per 12 month period during the life of this first term of the lease, the first 12 month payment being due on or before e /J- , 2001, and the subsequent lease payment shall be due on or before the first day of the subsequent six (6) month period following. Such payment may be made by LESSEE to LESSOR by mailing said payment to LESSOR at the address for LESSOR shown in Section II above, delivered to LESSOR in person, or mailed to last known address of LESSOR. The rent for the six-month period shall be $500.00 IV. LESSOR shall pay all taxes and assessments made by any governmental entity against the leased premises in a timely manner. V. LESSEE shall maintain the premises in a good state of repair and upkeep at LESSEE'S expense, reasonable wear and tear excepted. LESSEE will keep all weeds mowed. Pipe and materials will not be stacked on the road area adjacent to the property. VI. This agreement is binding upon the heirs, successors, and assigns of LESSOR and LESSEE, and is not assignable or transferable by LESSOR or LESSEE or the heirs, successors and assigns of LESSOR or LESSEE without the written consent of the other. LESSEE will be required to immediately fence the area described in Section I. LESSEE, to the extent permitted by law, shall be responsible for and indemnify LESSOR for any loss or expense as a result of any cause of action arising out of any injury or property damage occurring on the leased premises or related to LESSEE's use of the leased premises during the lease term. LESSEE will restore the surface to the same condition as it was on the date the original lease began. LESSEE is self-insured and a copy of it's self insurance resolution is attached to said lease as indication of LESSEE'S responsibility. VIII. LESSEE shall be entitled to egress and ingress to the leased premises from 98th street or adjoining alleys only. J IX. EXECUTED as of the date first above written at Lubbock, Texas, and performable in the City of Lubbock, Lubbock County, Texas. LESSOR and LESSEE both consent to the recordation of this instrument in the Real Property Records of Lubbock County, Texas. LESSEE: City of Lubbock Windy Sitt n Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy Right -of -Way Agent APPROVED AS TO FORM: William de Haas Contract Manager/Attorney LESSOR: Indiana Avenue Baptist Church rag_rummett Title: Chairman of the Board of Directors STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared Windy Sitton, Mayor, known to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this ,/day of A.D., 2001. o;"�'`°�: TANYA MALINAK r . Notary Pubes State of Texas i My Cmmissi n Expires DECEMBER 9, 2003 STATE OF TEXAS COUNTY OF LUBBOCK 0 Notary F66lic in and for the State of Texas BEFORE MF, the undersi ped authority, a Notary Public, on this day personally appeared Crag g .,-ownr r 11to 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 herein stated as the act and deed of said Indiana Avenue Baptist Church. Given under my hand and seal of office this/<7 of — , A.D., 2000. DORIS FLETCHER *Notary Public, State of Texas otary Public 1n and for the State of Texas My Commission Expires 12-20-02 Dh/ccdocsdndianaAveBaptistChurch.l ease Resolution No. 2001-RO205 Exhibit "A„ Metes and Bounds description for a temporary stacicyard lease to be located in the Southeast corner of the Southwest Quarter of Section 13, Block E-2, Lubbock County, Texas, and being more precisely described as follows; Beginning at a point which bears East 2310 feet and North 55 feet from the Southwest corner of Section 13, Block E-2, Lubbock County, Texas; Thence .North 90 feet to a point; Thence West 35 feet to a point; Thence North 20 feet to a point; Then East 35 feet to a point; Thence North 231 feet to a point; Thence West 285 feet to a point; Thence South 341 feet to a point; Thence East 285 feet to the point of beginning; Containing 2.215 acres. ` Resolution No. 2001-RO205 October 22, 1991 _. JCR:da Agenda ItO 029 A RESOLUTION AMENDING RESOLUTION NO. 14dl ty 11WALIN4 SWIM ! THEREOF WHICH ADOPTED SELF tNSUAANCE COVEAAGt P64 tot 0" Of LUtWX AS PROVIDED aY THE TEXAS MUNRIdAL IEAGUE JoINt SELF INIQAANCE FUNf't AND IN Its STEAD ADOPTING A NEN STATEMENT OF COVEAAGt FOA tNE City OF LUSWX LIA8ILI1Y SELF INSURANCE PROGAAN. WHEREAS, the City of Lubbock did heretofore by Se#olutioA No. 2461 create the City of Lubbock's Self Insurance Fund; 404 WHEREAS, in said Resolution No. 14$1 the City 6f Lubbotk did Adopt At Its ttandard coverage A coverAte harotofoeo provided by the haat Nuhicipal League Joint Self Insurance Fund; and WHEREAS, thO City of Lubbock doto it to bit itr the best!: law -tot of the city of Lubbock to repeat the tovtratt ado w vmwt 1etelwoft Ne. 2441 and In Its ttoad to substitute A 04W itAt"t of covttr ire fel~ the City of Lubbock Self Insurance Fund; 10 tNtgtfakE; K IT RESOLVED IY THE CITY COi*IL OF tNE CITY 40 LOW: SECTION 1. tAt Section $ of Retolutloo No. ust adooti4Lukafa1.wiissreatdtEw fotr•xathsl eLubbocSelinturanc* FWW hereby nllth 0#ated SECTION !. TNAt the City of Lubbock 3tAi4b ►t of 6"#40 Liability Self Insurance Program attAchod to this Roselutiea at Exhibit A &W read• a part hor•of for All 00"" it hereby k%oted to tMF cbVeriut+i► to be Afforded under the City of Lubbock Self IhluraNty Fund. SECTtOai 1. $ave ww Extort as heroio s led op , Aatolution dao. 2441 Shall real* is fNll forte 4" •ffeet. ra::a by the city cocil atit Umday of .,......±.,..._► S� A amm t 07 ADitW0111E0 AS t4 CaN illi : r se°�e City man+Nr Pw ilowill Services cluas �M