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Home My WebLink AboutResolution - 3966 - Option Contract - William F Warnick - NWS Facility Construction, LIA - 09/24/1992Resolution No. 3966 September 24, 1992 Item #21 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 an Option Con- tract by and between the City of Lubbock and William F. Warnick for the construction of a new facility for the National Weather Service at the Lubbock International Airport, attached herewith, which Agreement is attached here- with, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: APPROVED AS TO CONTENT: ern E. Case, Director of Aviation APPROVEDASTO FORM: otTi ny Will ams, Assistant City Attorney AW:je/WARNICK.RES D1-Agenda/September 1, 1992 Resolution No. 3966 September 24, 1992 Item 421 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK OPTION CONTRACT This Option Contract is made this 24th day of June, 1992, at Lubbock, Lubbock County, Texas, by the CITY OF LUBBOCK, referred to in this Option Contract as "Optionor," and WILLIAM F. WARNICK, referred to in this Option Contract as "Optionee." WHEREAS, Optionor is the owner of real property at the Lubbock International Airport in Lubbock County, referred to in this Option Contract as the "property" and which is more particularly described in Exhibit A, attached to and by this reference made a part of this Option Contract; and WHEREAS, Optionee desires to acquire the exclusive right and option to lease without becoming obligated to lease the property at an agreed price and under specified terms and conditions; THEREFORE, it is agreed as follows: 1. For the consideration expressed in paragraph 3 of this Option Contract, Optionor hereby grants to Optionee, his heirs and assigns the exclusive right and option to lease the "property" described in Exhibit A upon terms and conditions mutually agreeable to the parties. 2. The option to lease this property shall commence on Tuesday, June 1, 1992, and continue until Tuesday, December 1, 1992, the purpose of such lease being the construction of a new facility for the National Weather Service at the Lubbock International Airport. 3. This option is granted in consideration of Optionee's payment to Optionor the sum of Two Hundred and No/100 Dollars ($200.00), receipt of which is hereby acknowledged. 4. If this option is exercised in accordance with the terms hereof, then the consideration paid to Optionor shall not apply to the forthcoming lease agreement. 5. If this option or any extension thereof is not exercised, all sums paid to Optionor by Optionee shall be retained by Optionor in consideration of the granting of this option. 6. Optionee may exercise this option by execution and tender to Optionor a real property lease before the expiration date hereof. Upon delivery of said lease, Optionor shall forthwith execute the same as soon as reasonably practicable. 7. If Optionee does exercise this option before its expiration date, Optionee shall agree that Optionor shall reserve the right to approve any and all construction plans intended to be used by Optionee. Optionee shall further agree to protect the aerial approaches of the property against obstruction. S. If Optionee fails to exercise the option in accordance with the terms of this Option Contract within the option period, then the option to lease granted by this Option Contract and the rights thereunder of Optionee shall automatically and immediately terminate without notice. 9. Optionee may assign the option and his rights under this Option Contract on condition that the assignee assumes all of Optionee's obligations under this Option Contract and prior written consent of Optionor be obtained. 10. Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered mail, postage prepaid, return receipt requested, and shall be deemed received as of date of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change his or her address by written notice in accordance with this paragraph. TO THE OPTIONOR: Director of Aviation Lubbock International Airport Route 3, Box 389 Lubbock, Texas, 79401 TO THE OPTIONEE: William F. Warnick Attorney at Law 2022 Broadway Lubbock, Texas 79401 11. This Option Contract along with Exhibit A contains the entire agreement between the parties relating to the option herein granted. Any oral representation or modifications concerning this Option Contract shall be of no force and effect, except a subsequent modification in writing, signed by the party to be charged and supported by consideration. 12. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as attorney's fees in such litigation. 13. This Option Contract shall bind and inure! to the benefit of all the respective heirs, personal representatives, successors, and assigns of the parties hereto except as hereinabove expressly provided. IN WITNESS WHEREOF, the parties -hereto have executed this Option Contract the day and year rst bove written. ATTEST: Ranetite Boyd, City Secretary APPROVED AS TO CONTENT: Bern Case, Director of Aviation APPROVED S TOXFORM An hony W l ams, Assistant City Atto ney 3 OPTIONEE: BY:/ ILLIAM F. WARNICK THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared IK_)al, 0�_ry, f7• i L)W O t C. , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1992. YIL� I.ADONNA MCCANN �S Notary Public, State of Texas M1a OnC00 010 eomm'-- My CommissionExpiies6-08-96 Notdry Public in and for the State of Texas AW:da/1NST-D8/C.WAMCK.doc June 25, 1992 4 lMM•Dl•lldlYOE S �a i5A S A T A Z Ate° a s O p .p O w w C$�$ -- D I � �7 C� D 2 Z 2 Z Z � Z ��mmmmmAm Z Z Z D A', D D D D H10 ? H m (� w n 41 74 40 d O■o�O a. 3• O ,� O .� � � O v ■ Oen Watnut ' . • o � d +n x i N. Yucca ' O O x a �O N. Aspen x Beech ol (D i v� 8 q ■ ® David o T C 0 C x D S n CA 47