HomeMy WebLinkAboutResolution - 2016-R0389 - Lease Agreement - TX A&M University Systems - 10/27/2016Resolution No. 2016-RO389
Item No. 6.26
October 27, 2016
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 the City of Lubbock, a Lease Agreement by and between the City of Lubbock
and the Texas A&M University System for certain real property located at the Lubbock Preston
Smith International Airport, and related documents. Said Lease 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 on _October 27, 2016
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Kelly Campbell, Executive Director of Aviation
AS
Kfiichell Satte rte, i st Assistant City Attorney
RES.Lease-Agrmt-COL & Texas A&M Univ System
9.28.16
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Resolution No. 2016-RO389 File and Return to
Dave Booher R.O.W.
City of Lubbock
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LEASE AGREEMENT
This Lease Agreement ("Lease") is effective the 141h day of December, 2015, by and
between the CITY OF LUBBOCK ("LUBBOCK") and the BOARD OF REGENTS OF THE
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TEXAS A&M UNIVERSITY SYSTEM, an agency of the State of Texas ("TAMUS"), for the
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use and benefit of TEXAS A&M AGRILIFE RESEARCH ("TALR").
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WHEREAS, LUBBOCK is the owner of a certain tract of land situated at the Lubbock
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Preston Smith International Airport (the "Airport") in Lubbock, Lubbock County, Texas, located
at the north end of the North-South Runway and referred to as the Landing Light Area, on which
a water well is located. The tract of land consists of approximately 19.972 acres situated in
Section 36, Block A, Lubbock County, Texas (the "Leased Premises"), being more particularly
described in Exhibit "A" attached hereto;
WHEREAS, TAMUS desires to lease from LUBBOCK, and LUBBOCK desires to
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lease to TAMUS, the Leased Premises and the right to use all water from the water well located
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on the Leased Premises.
NOW, THEREFORE, TAMUS and LUBBOCK agree as follows:
ARTICLE 1
LEASE
1.1 LUBBOCK, in consideration of the covenants, agreements and conditions of this Lease
which TAMUS agrees to keep and perform. leases exclusively unto TAMUS, and
TAMUS leases from LUBBOCK, the Leased Premises, together with all and singular
the rights, privileges and appurtenances thereunto attaching or in any way belonging or
hereafter provided for under the terms of this Lease.
ARTif T.F. I
TERM
2.1 Lease Term. The term of this Lease will be 10 years, commencing on December 14,
2015 (the "Commencement Date") and ending on December 13, 2025, unless terminated
sooner pursuant to this Lease.
2.2 Early Termination. TAMUS and LUBBOCK each have the right to terminate this Lease
if at any time during the term of this Lease the water well on the Leased Premises is
damaged or destroyed by fire or any other casualty to the extent it would not be in the
best interest of TAMUS or LUBBOCK for TAMUS to repair such damage or replace
such well. In the event TAMUS or LUBBOCK intends to terminate the Lease, then the
terminating party shall give the other party 180 calendar days advance written notice
pursuant to Section 8.1 of this Lease.
Prepared by 0111Lc nl General Coumd
TAI R City ul I ubbock Irrigation Wrll 130, linf,0014
Ueal I sle No 2rNi w139699
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2.3 Termination of Runway Protection Zone Easement. In the event of early termination of
this Lease for any reason, the Runway Protection Zone Easement shall also terminate
simultaneously.
2.4 Use of Leased Premises. TAMUS shall be allowed to use the water from the water well
situated on the Leased Premises, and TAMUS shall be permitted ingress and egress on,
over and across the Leased Premises for the purpose of using and maintaining such water
well and pump.
2.5 Compliance with Applicable Laws. TAMUS will comply, at TAMUS' sole cost and
expense, with all federal and state laws applicable to the Leased Premises, the use or
manner of use of the Leased Premises or the carrying on of TAMUS' business on the
Leased Premises.
ARTICLE 3
CONSIDERATION
The consideration given is the mutual benefit derived from LUBBOCK's leasing said
Leased Premises to TAMUS and TAMUS' use of the Leased Premises for its specific purpose,
including but not limited to the following:
3.1 LUBBOCK's Consideration.
A. LUBBOCK will defend TAMUS' rights to use the Leased Premises
pursuant to the terms of this Lease.
B. LUBBOCK will lease to TAMUS the Leased Premises for the entire term
beginning on the Commencement Date and ending on the termination date, unless
earlier terminated pursuant to the terms of this Lease.
C. LUBBOCK will obey all laws, ordinances, orders, and rules and regulations
applicable to the use, condition, and occupancy of the Leased Premises.
D. LUBBOCK will not interfere with TAMUS' possession of the Leased Premises
as long as TAMUS is not in default under the Lease.
E. LUBBOCK will not unreasonably withhold consent to a proposed assignment or
sublease of the Lease.
3.2 TAMUS' Consideration.
A. TAMUS will take responsibility for all maintenance and operation of the water
well and may repair or replace the pump, motor or any equipment in connection
with the well at TAMUS' expense.
Prepared by Office of General Counsel
-� TALR -City of Lublrock Irrigation Well Ise. 15060031
1xpl bile No. 2011.0039694
CiAI1- 9-211-16
B. TAMUS will control the weeds on the Leased Premises and may plow or plant
the type of cover it may determine as suitable for such land which is acceptable to
LUBBOCK.
C. TAMUS will grant LUBBOCK a 10 year Runway Protection Zone Easement via
separate written agreement to run concurrently with this Lease.
D. TAMUS will not place within the Leased Premises any equipment which will in
any manner interfere with the operation of the North-South Runway and such
equipment shall in no event exceed 20 feet in height.
E. TAMUS will not place any buildings or structures of any nature within the
Leased Premises.
ARTICLE 4
DEFAULT BY TAMUS
4.1 Default. If TAMUS fails to perform, keep or observe any term, covenant, or condition
required by this Lease to be performed by TAMUS, TAMUS shall be in default.
4.2 Notice of Default and Termination of Lease. In the event of such failure, LUBBOCK
will give TAMUS written notice pursuant to Section 8.1 of this Lease. If the default
continues for 30 calendar days after TAMUS' receipt of such notice, LUBBOCK may as
its sole and exclusive remedy, terminate this Lease by written notice to TAMUS sent
pursuant to Section 8.1 of this Lease.
ARTICLE 5
DEFAULT BY LUBBOCK
5.1 Default. In addition to any other right of TAMUS, TAMUS may terminate this Lease
and terminate all or any of its obligations at any time, upon or after the occurrence of any
one of the following events:
A. Breach or failure by LUBBOCK to perform, keep or observe, any term,
covenant, or condition required by this Lease to be performed by LUBBOCK,
and such breach or failure continues for 30 calendar days after LUBBOCK's
receipt of written notice of such breach or failure;
B. Inability of TAMUS to use the Leased Premises for more than 30 consecutive
calendar days due to any law, statute, ordinance, rule or regulation of any
competent governmental authority.
Prepared by office ot'General Counsel
TALR — City of Lubbock Irrigation Well Lse, 150600/4
I eeeal file No. 2015-0039699
oNIJ - 8-20-16
ARTICLE 6
ASSIGNMENT OF LEASE
TAMUS may assign this Lease or any part of this Lease to any member of The Texas
A&M University System without the prior written consent of the LUBBOCK.
ARTICT.F 7
SUBLEASE
TAMUS may sublease the Leased Premises or any portion of the Leased Premises to any
member of The Texas A&M University System without the prior written consent of the
LUBBOCK.
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 Notices. Any notice required or permitted under this Lease must be in writing, and shall
be deemed to be delivered (whether actually received or not) when deposited with the
United States Postal Service, postage prepaid, certified mail, return receipt requested, and
addressed to the intended recipient at the address set out below. Notice may also be
given by regular mail, personal delivery, courier delivery, facsimile transmission, email
or other commercially reasonable means and will be effective when actually received.
TAMUS and LUBBOCK can change their respective notice address by sending to the
other party a notice of the new address. Notices should be addressed as follows:
LUBBOCK: City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
With copy to: Lubbock Preston Smith International Airport
Attn: Kelly L. Campbell
5401 N. Martin Luther King Blvd., Unit 389
Lubbock, Texas 79403
Phone: 806-775-3131
Email: kcampbell@mylubbock.us
TAMUS: Texas A&M AgriLife Research
Attn: Associate Director
Agriculture and Life Sciences Building
600 John Kimbrough Blvd., Suite 512
2142 TAMU
College Station, Texas 77843
Phone: 979-845-8486
Prepared by Office of General Counsel
i TALR —City of Lubbock Irrigation Well Lse. 15060014
`F Le_eul Pile No. 21)15-0039699
GNIJ — 8-20-16
With copies to: Texas A&M AgriLife Research and Extension Center at
Lubbock
Attn: Resident Director
1102 East FM 1294
Lubbock, Texas 79403-6603
Phone: 806-746-6101
and
The Texas A&M University System
Office of General Counsel
Attn: System Real Estate
301 Tarrow Street, 6`h Floor
College Station, Texas 77840-7896
Phone: 979-458-6350
Fax: 979-458-6359
Email: sreo@tamus.edu
8.2 Governing Law. The validity of this Lease and all matters pertaining to this Lease,
including but not limited to, matters of performance, non-performance, breach, remedies,
procedures, rights, duties, and interpretation or construction, shall be governed and
determined by the Constitution and the laws of the State of Texas. Pursuant to Section
85.18, Texas Education Code, venue for any suit filed against TAMUS shall be in the
county in which the primary office of the chief executive officer of TAMUS is located.
At execution of this Lease, such county is Brazos County.
8.3 Entire Agreement. This Lease constitutes the complete agreement of LUBBOCK and
TAMUS and supersedes any prior understanding, written or oral, between them regarding
the issues covered by this Lease.
8.4 Savings Clause. If any term, provision, covenant, or condition of this Lease is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions will remain in full force and effect and will not be affected, impaired or
invalidated.
8.5 Time of the Essence. Time is of the essence in respect to the performance of each
provision of this Lease.
8.6 Consent and Approval. LUBBOCK agrees that any consent or approval of LUBBOCK
required under this Lease shall not be unreasonably withheld or delayed.
8.7 Special Provisions: None.
Prepared by Ut'l ice o f General Counsel
TALR— Cityol Lubtock Irrigation Well I -se. 1506001.1
Leval Pile No. 7011.0019699
GNIJ 8-20-16
EXECUTED on the 27th day of October , 2016, by the CITY OF
LUBBOCK, or by its authorized agent.
CITY OF LUBBOCK, a governmental entity
By: LA7
DANIEL M. PO
Mayor
ATTEST: •
RE SCCA. GARZA
Ci eeretary
APP RO TO FORM:
NIIICH SATTMWHIT
First Assistant City Attorney
[SIGNATURES TO CONTINUE ON NEXT PAGE]
Prepared by Office of Gmenl Counsel
=OrFICIAL
ffice TALK City of LubbocklrriptionWellLse.15060014
ENT Legal File No 20150079699
GMJ — 6.20.16
EXECUTED on the V�kday of
its authorized agent.
RE,(�OMMENDED APPROVAL:
C AIG-NESSLER
Director
Texas A&M Agril.ife Research
APPROVED AS TO FORM:
GINA .JOSE
Managing Counsel, Property & Construction
Office of General Counsel
The Texas A&M University System
" -s(em Real Estate Office `
OFFICIAL DOCIJItiiENT '
_, 2016, by TAMUS, or by
BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM, an agency of the State of
Texas, for the use and benefit of TEXAS A&M
AGRILIFE RESEARCH
wa
JOHN SHARP
The TAxas A&M University System
Preparee b•, Office oFGeneral Counsel
+Z k.MLV Cit" Of 1. ubbt� &c Irrigation Well Lsc I50603A
1 Legal File No 2015.01339699
GMJ - 8-20.16
EXHIBIT "A"
A tract of land out of Section 36, Block A, Lubbock, Lubbock County, Texas, and being more
particularly described as follows:
BEGINNING at a point that is 2,640.7 feet North and 2,816.78 feet West of the Southeast corner
of Section 36, Block A, said point being the Southeast corner of the tract herein described:
THENCE West 400.0 feet to a point;
THENCE North 0° 06' 45" East, 2175.0 feet to a point;
THENCE East 400.0 feet to a point;
THENCE South 0° 06' 45" West, 2175.0 feet to the PLACE OF BEGINNING.
CONTAINING: 19.972 Acres
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
yam.; _= �,�� � •1
OF
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Kelly Pinion, County Clerk
Lubbock County, TEXAS
10/31/2016 03:29 PM
FEE: $54.00
2016039636