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HomeMy WebLinkAboutResolution - 2370 - Lease Agreement - TTU - Street Improvements, University Ave - 07/10/1986V"n51 j%r'Cj1 Resolution #2370 5os, fir ea> r -,.-a, July 10, 1986 Agenda Item #15 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 with Texas Tech University for improvements to University Avenue in the City of Lubbock, Texas, attached herewith, 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 10th day of July , 1986. /.f, B. C. MCMINN, MAYOR ATTEST: Boyd, City APPROVED AS TO CONTENT: i e r oibm'-kivensr Right -of -Way Agent APPROVED AS TO FORM: rold Willard, Assistant City Attorney Texas Tech University Texas Tech University Health Sciences Center: Office of the President Box 4349/Lubbock, Texas 79409-4349/(806) 742-2121 July 9, 1986 The Honorable B. C. "Peck" McMinn Mayor, City of Lubbock 1625 13th Street Lubbock, Texas 79401 Dear Mayor McMinn: Our staff reviewed the construction plans to provide a cut in the median at Eighth Street for access to the University campus from University Avenue. We found the plans to be satisfactory and agree that construction should proceed as soon as possible. Five minor changes were discussed with the city planning staff, and the consensus of opinion was that these would probably improve the project if they can be incorporated within the existing budget as change orders to the contract. 1. Add handicap access ramps to the Sixth Street and Eighth Street intersections. 2. Close the easternmost entrance to the Eighth Street parking lot on Tech campus so that cars entering and exiting the lot would not interfere with cars turning west from University Avenue. 3. Close the Ninth Street entrance from University Avenue to the Gordon/Bledsoe Residence Hall parking lot. This will deter motorists from attempting U-turns at Eighth Street to enter the dormitory parking lot and will facilitate the movement of traffic along University Avenue. 4. The proposed retaining wall running south from Sixth Street must be raised to accomodate the elevation of the varsity football practice field. 5. A minor modification is needed in the plan for the sidewalk, retaining wall, and existing fence at the corner of Sixth Street so that the sidewalk and handicap ramp can conform to more standard design and avoid size reduction. "An Equal Opportunity/Affirmative Action institution" The Honorable B. C. "Peck" McMinn July 9, 1986 page 2 We are satisfied with the lease agreement that has been reviewed and discussed with the city planning staff. Some possible discrepancies in the metes and bounds are currently being verified and the agreement has been amended to facilitate correcting the legal description if necessary. The lease agreement has been executed and is enclosed. Since the requested utility easement has not been discussed by the Board of Regents, it will be necessary to place this matter on the August 7, 1986 Board of Regents agenda. In that regard, it seems we will be able to agree on a limited easement, which will appropriately address those things necessary for the proper operation and management of the street widening project. We appreciate the expeditious manner in which the city staff has prepared the contract documents and obtained bids on opening the median at Eighth Street and University Avenue. We are quite anxious to have this work completed as soon as possible since it will help facilitate the movement of our students on and off campus. We appreciate the working relationship with the city. Sincerely, C Lauro F. Cavazos, Ph.D. President Texas Tech University LFC:db Enc. bxc: Mr. Robert Bray Mr. Pat Campbell Dr. Eugene Payne Resolution #2370 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THIS LEASE AGREEMENT made this 10th day of July , 1986, by and between the City of Lubbock (hereinafter referred to as City), and Texas Tech University, an institution of higher education of the State of Texas, acting herein by and through its duly authorized Chairman of its Board of Regents (hereinafter referred to as University). WITNESSETH: WHEREAS University Avenue in the City of Lubbock, Texas, abuts the campus of the University and provides for ingress and egress to said campus as well as movement of traffic around the University; and WHEREAS traffic volume has risen steadily over the past few years due to the growth of the City and the growth of the University; and WHEREAS there exists a dire need to improve a portion of University Avenue so that said street will be able to accomodate the increase in traffic volume and provide safer ingress and egress to the University; and WHEREAS the City and the University agree that it is to their mutual benefit that such improvements be made; NOW THEREFORE for and in consideration of the mutual covenants herein contained and other valuable consideration, the University authorizes the City to exercise the rights, powers and privileges hereinafter set forth and does by these presents lease to the City the premises hereinafter described and being: All as set forth on Exhibit A, which Exhibit is attached hereto and made a part hereof as if fully set forth herein. [In the event the description contained in Exhibit A is in variance with the plans and specifications heretofore approved by the parties, the description shall be corrected according to such plans and specifications.] The provisions of this lease shall be binding on the successors in interest of both parties hereto. SECTION 1. TERM The term of this lease shall be from the date above first written to the 27th day of March, 2030, to the end that this lease agreement is coterminous with the lease agreement between the University and the City dated April 9, 1986, and recorded in Volume 1760, Page 437 of the Deed Records of Lubbock County, Texas, reference to which is hereby made for all pertinent purposes. SECTION 2. OPTION TO RENEW For and in consideration of the sum of Ten Dollars ($10) and other valuable consideration paid by City to University, the receipt of which is hereby acknowledged, the University does hereby grant to City the option to renew this lease for an additional term of 50 years, the terms of which shall be as set forth in the original lease between the parties. The City shall give written notice of its intent to exercise its option to the University at least six (6) months prior to the expiration of the original lease. SECTION 3. CONTROL AND JURISDICTION The University under authority of Section 109.48 of the Education Code of the State of Texas does hereby surrender all control and jurisdiction and grants exclusive management and control over the property described on Exhibit A and all that property known locally as University Avenue between 7th Street and 19th Street in the City of Lubbock, Lubbock County, Texas, to the City for all public purposes for the term of this lease. The City hereby accepts such grant and hereby agrees to hold harmless the University from any liability arising from City's exercise of any public purpose on or upon such property, as authorized by the governing body of the City. SECTION 4. IMPROVEMENTS Upon execution of this document or as soon thereafter as is reasonable, City will undertake the following activities: (1) Cause the street known as University Avenue in the City of Lubbock between 7th and 9th Streets to be reconstructed in accordance with construction plans and specifications approved by City and Texas Tech University. (2) Provide for center left turn lanes and right turn lanes on University at 8th Street in the City of Lubbock. (3) Install vehicular and pedestrian traffic signals at 8th Street and University Avenue in the City of Lubbock. (4) Make provisions for storm water drainage at 8th Street and University Avenue in the City of Lubbock. University agrees that the above undertakings are in the best interest of the University and will provide safer ingress and egress for traffic onto and off of the University campus as well as increasing pedestrian safety for those traveling to and from the University campus. -2- SECTION 5. MAINTENANCE City agrees that it will maintain at its expense all of University Avenue in the City of Lubbock, County of Lubbock, located between 7th Street and 19th Street. SECTION 6. STREET USE University does hereby agree that the City shall have the right to use the property hereinabove described for any customary street use. SECTION 7. PARAMOUNT PUBLIC USE The City and University do hereby further agree that the use by the City of all that property known as University Avenue in the City of Lubbock between 7th Street and 19th Street is the paramount public use of said property. EXECUTED the day and year first above written. TTES . Ranetteoyd, City Secretary ATTEST: iL Freda Pierce, Secretary Board of Regents CITY OF LUBBOCK LU/B�BOCyK,� BY: (.., # 'r � B. C. McMinn, MAYOR APPROVED AS TO FORM: trold �WillardV,As`fii�stant City Attorney TEXAS TECH UNIVERSITY a B . John E. Birdwe Chairman, Board of Regents Texas Tech University APPROV D: Pat Campbell General Counsel -3- 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 B. C. McMinn, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of Lubbock, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this © " ` day of G446, 1986. No—D&ry Public, Lubbock County, % Texas My Commission Expires: f!L? 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 John E. Birdwell, Chairman of the Board of Regents, Texas Tech University, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the Board of Regents, Texas Tech University, for the purposes and consideration therein expressed and in the capacity therein stated. 1986. GIVEN UNDER MY HAND AND SEAL OF OFFICE this j day of , &kAAA_'0 a "t Notary Public, Lubbock County, Texas My Commission Expires. -4- Exhibit A TRACT 1 BEGINNING at a point which bears South 856.40 feet and West 99.92 feet from the Northeast corner of Section 1, Block E-2, Lubbock County, Texas, said point being the south end of the south radius of the 6th Street Right -of -Way entrance into Texas Tech University and included and described in Exhibit A of a Lease Agreement between the City of Lubbock, Texas, and Texas Tech University dated the 9th day of April, 1981, and recorded in Volume 1760, Page 437 of the Deed Records of Lubbock County, Texas; THENCE S 00008134" E a distance of 338.01 feet; THENCE S 05049143" W a distance of 146.43 feet; THENCE S 00007'48" E a distance of 88.00 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 29.5 feet, a central angle of 9000714811, a chord distance of 41.77 feet; THENCE South a distance of 37 feet; THENCE East a distance of 13.15 feet to a point of curva- ture; THENCE Southeasterly around a curve to the right, said curve having a radius of 29.5 feet, a central angle of 8905211211, and a chord distance of 41.67 feet; THENCE S 00007148" E a distance of 95.8 feet; THENCE S 05000140" E a distance of 164.83 feet; THENCE N 00007148" W a distance of 497.69 feet; THENCE N 03030108" W a distance of 200.35 feet; THENCE N 000081134" W a distance of 230.01 feet to the PLACE OF BEGINNING. TRACT 2 BEGINNING at a point which is S 00006'10" E a distance of 35.00 feet from the West end of the North radius of the 15th Street right-of-way entrance into Texas Tech University; THENCE N 89053150" E a distance of 10.80 feet to a Point of Curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 9000215611, and a chord distance of 34.66 feet; THENCE S 00009103" E a distance of 13.97 feet to a Point of Curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 24.50 feet, a central angle of 9000215611, and a chord distance of 34.66 feet; THENCE S 89056148" W a distance of 10.76 feet; THENCE N 00006110" W a distance of 14.00 feet to the PLACE OF BEGINNING. - 5 - TRACT 3 BEGINNING at a point which is the North end of the North radius of the 16th Street entrance into Texas Tech University; THENCE S 04047120" W a distance of 110.92 feet; THENCE S 01016102" W a distance of 76.30 feet to a Point of Curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 9000010011, and a chord distance of 34.65 feet; THENCE S 01016102" W a distance of 30.00 feet; THENCE S 88043158" E a distance of 9.30 feet to a Point of Curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90000'00", and a chord distance of 34.65 feet; THENCE N 01016102" E a distance of 168.04 feet; THENCE N 00009103" W a distance of 20.00 feet; THENCE N 00011154" W a distance of 78.00 feet to the PLACE OF BEGINNING. - 6 -