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Home My WebLink AboutResolution - 6265 - Lease Agreement - Bowers Property Management - Track Of Land, Stack Lot - 04/22/1999Resolution No. 6265 Item No. 20 April 22, 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 stack lot for street construction building materials, by and between the City of Lubbock and Bowers Property Management 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 22nd day of _ April 1999. ATTEST: Kayth' Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney CcdocsfBowersPropMgmt.Res Mar.25, i 999 Resolution No. 6265 Item No. 20 April 22, 1999 LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS LEASE AGREEMENT is entered into as of this 22nd day of April 1999 between Bowers Property Management, 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 80, Block A, 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 street construction building materials. 11. The term of this lease shall be for 1 year, beginning April 22 1999 and ending April 22 2000. This lease shall be automatically renewed for 4 additional 1 year periods not to exceed five (5) years total unless LESSOR or LESSEE shall notify the other in writing in advance thirty (30) days before the end of a one (1) 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 to Bowers Property Management, 401 North IH 27, 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. LESSEE shall pay rent for the leased premises unto LESSOR in advance the sum of $4,476.00 per 1 sk year period during the life of this first term of the lease, the first I year payment being due on or before April 22 , 1999, and each subsequent lease payment shall be due on or before the first day of each subsequent one year period 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 above, 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. 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, if applicable. LESSEE will be allowed to park city equipment inside the fenced area which will be locked and the city will be given a key. LESSEE will be allowed to dump construction material in the berm area West of the land in Exhibit "A" with permission of LESSOR. 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. EXECUTED as of the date fust 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. VII. LESSEE will be allowed to fence the area described in Exhibit "A" if necessary. 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 must control materials that are accumulated or deposited on said property (land), not to violate any laws of the Environmental Protection Act or the Texas Natural Resource Conservation Commission. LESSEE: CITY OF LUBBOCK WINDY SIT ON MAYOR ATTEST: Ka a Darnell City retary APPROVED AS TO CONTENT: Ed Bucy, Right -of ay -Agent APPROVED AS TO FORM: William de Haas Competition and Contracts Manager 2 BOWERS PROPERTY MANAGEMENT BY:�'`� GARLAND B WEBS 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. Given under my hand and seal of office this T' day , A.D., 1999. s re�. ANDREA BELL ,Notary Public in and for the State of Texas - ,-..,.r fdotary Public, State of Texas ' 92 My Commission Expires On -25 !'F i STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on Apk , L 1999, by Garland Bowers, on behalf of Bowers Property Management. N79mcg ILSON BUCYc, State of TexasNotary Public in and for the State of T as Expires 11-21.99 EXHIBIT "A" Description for a 3.73 acre tract of land in Section 80, Block A, Lubbock County Texas: Beginning at a point which is 1,562.50 feet east and 884.95 feet South of the Northwest corner of Section 80, Block A, Lubbock County, Texas; Thence South 400.00 feet to a point, point being the Southeast corner of this tract; Thence West 500.00 feet to a point, point being the Southwest corner of this tract; Thence North 300.00 feet to a point, point being the Northwest corner of this tract; Thence 591.61 in a Northeasterly direction to the point of beginning. cc:UL\Citymgr\BOWERSLEASEAGREEMENT JCR, 4a RESOD Xt�;Cer 22, 199 Agenda item I24 A RESOLUTION AMENDING RESOLUTION 40. 2481 by REPEALING, SECTION S THEREOF WHICH ADOPTED SELF INSURANCE COVERAGE FOR THE CITY OF LUBBOCX AS PROVIOED By THE TEXAS MUNICIPAL LEAGUE JOINT SELF INSURANCE FUND AND IN ITS STEAD ADOPTING A NEW STATEMENT OF COVERAGE FOR THE CITY OF LUBAOCK 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 deers it to bo 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 now statement of coverage for the City of Lubbock Self Insurance Fund; NOW THEREFORE: BE IT RESOLVED by TK CITY COLOCIL OF THE CITY Of LU88OCX: SECTION 1. THAT Section S of Resolution N0. 2441 adopting the Texas Municipal league Joint Self Insurance Fund as the coverage docuwt for the Lubbock Self Insurance Fund is hereby in all things repealed. SECTION 2. THAT tho City of Lubbock Statem "t of Coverage Liability Self Insurance Program attached to this Reselutios as Exhibit A and made a Part hereof for al purposeo is hereby adopted as the coverago to be afforded under the City of Lubbock Self Insurance Fund. SECTION S. Savo and Except as herein repealed or amended, Resolution No. 2441 sha11 remain in full force and effect. Passed by the City Council this 22nd` day of October , 1487. APPWM AS TO CONTIW: A"%Uet C110 MsnmW Vw Fisamc4al Swv4ces • �— M7 c jqm C. oss, Jr. , C ty Attomwy