The URL can be used to link to this page

Home My WebLink AboutResolution - 795 - Lease - TTU - Lubbock Lake Site - 05/14/1981AA:pc Resolution 4795 - 5/14/81 Amends Reso. dated 10/11/73 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 with Texas Tech University for the Lubbock Lake Site which is 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 14th day of May ,1981. RifLj, MCALISTER, MAYOR AT EST elyn Gaf ga, City S cr111& -Treasurer APP E AS T CONT T: Q -Weston, Director of Community Facilities ' APPROVED AS TO FORM:: Angela Adds, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK Resolution 41795 - 5/14/81 Amends Resolution dated 10/11/73 LEASE KNOW ALL MEN BY THESE PRESENTS: This Agreement made by and between the City of Lubbock, a Home Rule Municipality of Lubbock County, Texas, acting herein by its Mayor, hereunto duly authorized, herein called "Lessor", and Texas Tech University acting by and through its Board of Regents, herein called "Lessee"; WITNESSETH: FIRST: That Lessor does by these -presents lease and devise unto Lessee in tract or arcel of the surface rights Texas fandlbeing morethat aparticularlypdescribed lbydsituated only metes and in Lubbock County, bounds as follows, to -wit: BEGINNING at a 1" iron pipe set in the North line of Section 13 for the Northwest and beginning corner of A bearshis Northa89°49'oWestence te 35$2h1 feet; corner of Section 13, THENCE North 76043'30" East, 1101.8 feet to a 1" iron pipe set for a corner of this tract; THENCE South 76°44'30" East at 482.05 feet pass the distance Eastof line efof at95.27 acre tract of land, continuing for a total iron pipe set for the Northeast corner of this tract; THENCE South 37038' West at 160.02feet pass the . South totalline distanceSection 13 and the North line of Section for a corner of this tract; nt' continuing fora et 913.5 feet to a 1" iron pip THENCE South 50°37'30" West, 529.25 feet to a 1" iron pipe set for a corner of this tract; THENCE North 79°08'30" West, 498.5 feet to a 1" iron pipe set for a corner of this tract;. THENCE North 37°54' West, 380.16 feet to a 1" iron pipe set for the. Southwest corner of this tract; THENCE North 6022' East, 546.9 feet to the place of beginning. CONTAINING 29.156 Acres 23.696 Acres in Section 18 5.460 Acres in Section 13 SECOND: That this lease shall be for a term of 15 years to commence upon July 1, 1981 andeLessorithe sumdofation of the ONE AND NO/100eof the ($1.00) DOLyLARSeperibed property, agrees topay year, payable in advance. THIRD: That either party may terminate and cancel this Lease, with or without cause, at any time after thirty (30) days' written notice to the other party. FOURTH: That Lessee covenants and agrees that this Lease Agreement will not be transferred, assigned or sub -let, in whole or in part, except upon written consent of the City Council of the City of Lubbock. Lessee further covenants and agrees that the premises herein leased will be used only for the purposes stated in the resolution of the City Council dated October 11, 1973, relating to The Lubbock Lake Site. Lessee also agrees that after termination of this Lease by cancellation, lapse of time, mutual agreement ofthe parties hereto, or otherwise, that Lessee shall peacefully yield up p ion of the premises herein leased together with all improvements now or hereafter placed on said premises in good condition except for ordinary wear and tear. FIFTH: That Lessee understands and agrees that the duly appointed representatives of Lessor shall have the right of ingress, and egress to the leased premises for purposes including but not limited to: inspection, maintenance and observation. SIXTH: That Lessee further agrees, binds and obligates itself to at all times defend, indemnify, and otherwise save harmless the Lessor, its agents, servants, and employees of and from all claims, demands, causes of action, and suits at law or in equity of whatsoever kind or nature which may arise out of or is connnected in any way with the making of this lease and the operation and use by Lessee of the premises herein leased. SEVENTH: That Lessee hereby covenants and agrees to pay public liability and property damage insurance naming the Lessor as an insured party with limits of $100,000 for each person and $300,000 for each accident for personal injuries and $50,000 for each accident for property damage, all of said insurance covering the maintenance, operation, and use of the premises herein leased by Lessee, its representatives, agents, servants and employees. A certificate of insurance evidencing the same shall be filed with the City Secretary of the City of Lubbock. EIGHTH: Lessee hereby covenants and agrees to conduct its activities and operations upon the leased premises in accordance with all applicable federal, state, and local laws, rules, regulations and ordinances. NINTH: Lessee hereby covenants and agrees to be solely responsible for all utilities to the leased premises including: water, sewer, electfor ricity, gas, telephone, and garbage removal and to make timely payor he same. TENTH: Lessor hereby covenants and agrees to maintain the fence surrounding the leased premises in good repair and to provide and maintain flood control for the leased premises. Lessor further agrees to provide the 'premises with routine police protection. Special security requirements shall be furnished by the Lessee. Executed in duplicate this 14th day of May , 1981. TH4CILUBBOTCJ TEXAS TECH UNIVERSITY B ER, MAYOR ATTEST: � Evelyn G fga; City "Seerytpry-Treasurer EDA TOC TENT: 00 ston, Director of ity Facilities APPROVED AS TO FORM: Angela Ad ms, Assistant City Attorney ATTEST: