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HomeMy WebLinkAboutResolution - 6163 - Lease Agreement - Lubbock Christian University - 01/28/1999Resolution No. 6163 Item No. 23 January 28, 1999 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 solid waste recycling center, by and between the City of Lubbock and Lubbock Christian University, and related documents. Said lease 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 28th day of January 1999. s WINDY SITTCV4, MAYOR ATTEST: Ka e Darnell City ecretary APPROVED AS TO CONTENT: Ed Bucy Right -of -Way Agent APPROVED AS TO FORM: /1/11� A./ William de Haas Competition and Contracts Manager/Attorney Cedoes/LCUso! idwaste.Res Jan. 12, 1999 Resolution No. 6163 Item No. 23 January 28, 1999 LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS LEASE AGREEMENT is entered into as of this 28th day of January 1999 between Lubbock Christian University, 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 5, 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 solid waste recycling center. II. The term of this lease shall be for 5 years, beginning February 1, 1999 and ending January 31, 2004. This lease shall be automatically renewed for two additional 5 year terms, not to exceed 10 years total unless LESSOR or LESSEE shall notify the other in writing in advance 30 days before the end of a 5 year 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 Lubbock Christian University, 5601 19'' Street, Lubbock, Texas 79407 or to Ed Bucy, Right -of -Way Agent, City of Lubbock, P.O. 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 $1,800.00 per year for each year of the 5 year term of the life of this lease, the first year's payment being due on or before February 1, 1999, and each subsequent lease payment shall be due on or before the first day of each subsequent 5 year term thereafter. Such payment may be made by LESSEE to LESSOR by mailing said payment to LESSOR at the address for LESSOR shown in Section II hereof, delivered to LESSOR in person, or mailed to last known address of LESSOR. IV. LESSOR shall pay all taxes and assessments made by any governmental entity against the leased premises in a timely manner if applicable. 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 fence and landscape the area described in Exhibit "A". LESSEE will have Attendant on duty at all times when Recycle Center is open. LESSEE is self-insured and a copy of it's self-insurance resolution is attached to this lease. LESSEE will restore the area to its original condition once lease is terminated. VI. If LESSOR has a buyer or plans development on the area described in Exhibit "A", LESSOR will notify LESSEE of its intent and LESSEE will have a maximum of 6 months to remove it's recycling center and restore the area to the same condition as it was when the lease began. VII. 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. 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- LESSOR: f • DR. MAYOR PRESIDENT Aft. Kaythi Darnell City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way -Agent APPROVED AS TO FORM: William de Haas Competition and Contracts Manager 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. r Given under my hand and seal of office this day of , A.D., 1999. r 7 put II ANDREA BELL qNotary Public, State of Texas My Commission Expires 06-25-01 JL/ Notary Public in and for the State of Texas 2 STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personalty appeared the said Dr. L. Ken Jones, and acknowledged to me that he executed the above and foregoing instrument for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed for the City of Lubbock, this -IT day of 1999. Notary Public in and for the Miate of Texas L �rfltiP fes. � n '••. FkP�itES-'1 EXHIBIT "A" Beginning at a point which is 32.00 feet East and 20.00 feet South of the Southeast corner of Tract "U -2-A-1" Greenlawn addition to the City of Lubbock, Lubbock County, Texas; Thence: 200.00 feet South to a point; Thence: 70.00 feet West to a point; Thence: 200.00 feet North to a point; Thence: 70.00 feet East to the point of beginning.