HomeMy WebLinkAboutResolution - 1278B - Lease - E Reuel Nash - Lot 1 Henry Addition - 12/09/1982RESOLUTION 1278-8 - 12/9/82
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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 between
the City of Lubbock and E. Reuel Nash, 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 9th
ATTEST.
day of December ,1982
ALAI -HENRY, Mayor V'*Tem
Evelyn Giffga, City' Wr6fary-Treasurer
APPROVED AS TO CONTENT:
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Robert Massengale, AAsistant City Manager
APPROVED AS TO FORM:
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Susan M. Horton, Assistant City Attorney
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RESOLUTION 1278-B - 1 2/ 9/82
R
C / SEir PET.ARY TREASURER
LEASE
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
The City of Lubbock, a Home Rule Municipality, hereinafter called Lessor,
and E. REUEL NASH, hereinafter called Lessee, mutually agree as follows:
The Lessor hereby leases to the Lessee that tract or parcel of land
described as Lot 1, Henry Addition to the City of Lubbock, Lubbock County,
Texas, save and except the following described fenced tract, to -wit:
BEGINNING at a point 65 feet North 36 degrees 04' 10" West of the South-
west corner of Lot 1, Henry Addition, as described in Vol. 663, page 117
of the Deed Records of Lubbock County, Texas, said corner being a k" rod;
THENCE North 36 degrees 04' 10" West 66 feet to the Northwest corner of
said tract;
THENCE North 53 degrees 53' 40" East along a fence a distance of 53.3
feet to the Northeast corner of said tract;
THENCE South 36 degrees 04' 10" East along a fence a distance of 66.4
feet to the Southeast corner of said tract;
THENCE South 53 degrees 53' 40" West along a fence a distance of 53.3
feet to the PLACE OF BEGINNING.
To hold the same to the Lessee for the term of 50 years from the 1st day
of January, 1983,.paying rental therefor in monthly installments of $150 on
the first day of each and every month during the first year of the term of
this lease, and thereafter said rental payment due shall increase each year by
$7.50 per month. Said increase shall become effective and due and payable on
the first day of the first month of each year upon the following conditions
and covenants:
1. THAT the Lessee shall pay.the rent in advance as aforesaid, as the
same shall fall due.
2. THAT the Lessee shall have the right, at its own expense to con-
struct sidewalks, paved parking services and landscaping upon the above des-
cribed property. This construction shall be in accordance with the Code of
Ordinances of the City of Lubbock, Texas, and subject to the approval of the
Director of Public Works prior to construction. The Lessee agrees to keep and
maintain the property in good repair during the term of this lease. The
Lessee agrees to hold the Lessor harmless from all claims for any damage to
any person or property in or upon said property.
3. THAT the Lessor retains the rights of ingress, egress and regress at
any and all times, in, on, under, along, above and across the above described
property with the right to construct, reconstruct and maintain any and all
facilities necessary for the Lessor to carry out its duties as a Home Rule
Municipality. In the event the improvements constructed by Lessee interfere
with the performance of Lesson's duties, Lessee shall remove or alter said
improvements, at its expense, after notice from Lessor. Lessor retains the
right to remove said improvements and right of reimbursement on failure of
Lessee to remove improvements on request.
4. THAT at the termination of this lease, the Lessee shall remove all
improvements installed by Lessee as requested by the Lessor.
5. THE Lessee shall not assign or sublet the premises or any part
thereof without the consent of the Lessor in writing. Upon assignment with
the consent of the Lessor, the Lessee, E. Reuel Nash, will no longer be bound
by the terms of this lease. E Reuel Nash will be primarily responsible under
the terms of this lease if the property or any part thereof is sublet with the
consent of the Lessor. Said consent for assignment of subleasing shall not be
unreasonably withheld by the Lessor.
6. THE terms of the Lease cannot be modified or altered except by
written amendment thereto.
7. THE Lessee and the Lessor each bind themselves and their successors
and assigns to the other party of this agreement and to the successors and
Assigns of such other party, in respect to all terms and convenants of this
Lease.
EXECUTED this 9th day of December, 1982.
ATTEST: Alan Henry, yor Y
Tem
L.�
evelyn G ffga, City ary-Treasurer
APPROVED AS TO CONTENT:
Robert Massengale, As stant City Manager
APPROVED AS TO FORM:
Susan M. Horton, Assistant City Attorney
E. REUEL NASH
P.O. Box 16265
Lubbock, Texas 79490
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AGREEMENT TO TERMINATE LEASE
STATE OF TEXAS
RESOLUTION 1278-A - 12/9/82
.,P(`PFTARY-TRFARtIRE K
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
WHEREAS, a lease was entered into on the 16th day of July, 1974 between
the City of Lubbock and Frontier Theatres, Inc. wherein certain property was
leased by the City of Lubbock to Frontier Theatres, Inc.; and
WHEREAS, said lease is for a term of 10 years from the 1st day of October,
1973; and
WHEREAS, said lease was subsequently assigned to E. Reuel Nash on the
24th day of September, 1982; and
WHEREAS, the City of Lubbock and E. Reuel Nash desire to terminate said
lease, the parties mutually agree as follows:
The City of Lubbock, Lessor, and E. Reuel Nash, Lessee/Assignee, hereby
agree to terminate the lease dated the 16th day of July, 1974 for a 10 year
term from the 1st day of October, 1973, on a tract or parcel of land described
as Lot 1, Henry Addition to the City of Lubbock, Lubbock County, Texas, save
and except the following described fenced tract, to -wit:
BEGINNING at a point 65 feet North 36 degrees 04' 10" West of the South-
west corner of Lot 1, Henry Addition, as described in Vol. 663, page 117
of the Deed Records of Lubbock County, Texas, said corner being a Y" rod;
THENCE North 36 degrees 04' 10" West 66 feet to the Northwest corner of
said tract;
THENCE North 53 degrees 53' 40" East along a fence a distance of 53.3
feet to the Northeast corner of said tract;
THENCE South 36 degrees 041 10" East along a fence a distance of 66.4
feet to the Southeast cornerof said tract;
THENCE South 53 degrees 53' 40" West along a fence a distance of 53.3
feet to the 'LACE OF BEGINNING.
Said lease shall be terminated effective January 1, 1983.
EXECUTED this 9th day of December, 1982.
CITY OF LUBBOCK
AL N HENRY' ay Pro Tem
ATTEST:
E elyn Ga ga, Cityec a y -Treasurer
APPROVED --AS. TO CONTENT:
Robert Massengale,4&ssistant City Manager E. REUEL NASH
APPROVED AS TO FORM:
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Susan M. Horton, Assistant City Attorney