HomeMy WebLinkAboutR79-150I CITY OF PLAINVIEW i
RESOLUTION NO. R79-150
O0 042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW APPROVING
THE LEASE AGREEMENT BETWEEN THE CITY OF PLAINVIEW AND THE HALE COUNTY
SENIOR CITIZENS ASSOCIATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
WHEREAS, the Hale County Senior Citizens Association is a non-pro~it
corporation of Hale CoUnty, Texas and is representative of all the senior
citizens fo Hale County, Texas; and
WHEREAS, the Hale County Senior Citizens Association has approached the
City Council to lease certain City property for the purpose of constructing
facilities for the use by the Senior Citizens of Hale, County, Texas; and
WHEREAS, the Hale County Senior Citizens Association has complied with
all requirements established by the City Council in connection with said
Agreement;
NOW, THERFORE BE IT RESOLVED by the Mayor and City Council of the
City of Plainview to approve the Lease Agreement between the City of Plainview
and the Hale County Senior Citizens Association and hereby authorize to
execute said Agreement.
~PASSED AND APPROVED this, the 28th day of August, 1979.
· ND, M~y~r
ATTEST:
WALTER S. DODSON, City Clerk
STATE OF TEXAS
S LEASE AGP-~-EMENT
COUNTY OF HALE
THIS'AGREEMENT MADE AND E~ERED I~ITO this the 28 day of
~J_m,~t. , . , 1979, by and between the CITY OF PLAINVI~,
TEXAS, a m~nicipal corporation, hereinafter referred to as
"Lessor" and HALE COUntY SENIOR CITIZENS ASSOCIATION, a non-
profit corporation of Hale County, Texas, hereinafter referred
to as "Lessee", .acting by and through its President, with a
corporate resolution of approval by its Board of Directors.
W I TNE S S E TH:
I.
Lessor - hereby lease and demise unto Lessee the following
jdescribed tract of land being situated in the town of Plainview,
Hale county, Texas,-described as f611ows:
A part of Block Eleven (11}, West BoSWell Heights
Addition to the Town of Plainview, Hale County,
Texas, described as follows:
BEGINNING at the intersection of 12th Street and
Smythe Street;
.THENCE South 105 feet to a point;
THENCE West 300 feet to a point;
THERCE North 105 feet to a point;
THENCE East 300 feet to the place of Beginning.
The water system pump house and facilities at th~ ~orner of
12th Street and Smythe Street, Plainview, Hale 'County~ Texas ....
located on the above described tract of land shall not be considered
to be a part of this lease and is specifically excluded 'therefrom,
Said property is leased to Lessee to be used as a meeting
place for Senior Citizens of Hale County, Texas.
III.
This lease shall be for a term of ].~ years beginning the
] day of . Septembe~ , 19~9· , and terminating on the
. ] day of ' Septembe~ ....... , lg.94 Lessee shall have an
option to renew the lease for an additional term of ]0 years
on the same terms, condi.tions and rentals as provided herein. Lessee
shall pay-to Lessor the sum of $ ] .00 per year as consideration
for the lease of said premises. Said sum to be paid to Lessor
on the ---l__ day of ~?~-~mhe~ of each year during the
term of this lease.
As further consideration fgr this lease, Lessee hereby
agrees to maintain at its expense the interior and exterior
of the bUilding located on the premises in a good state of
repair, reasonable wear and tear and acts of God alone excepted.
Lessors' , officers, agents or employees shall have the right
to go on-the premises at reasonable times and places for the
purpose of inspecting said property and the facilities located
thereon.
The parties agree that all permanent /mprovements and
fixtures constructed on the above described property by
LeSsee shall upon the termination-of this lease become the
property and be owned by Lessor, and upon termination of
this lease Lessee shall not remove .said improvement~ and
fixtures from the property.
Lessee shall pay all utility costs and all other costs
of operating .and main,t~ing the above described property and
facilities iocated thereon. Lessee shall pay all costs of
any /mprovements placed on said premises. - .
Lessee agrees 'to indemnify and hold Lessor harmless
from any and all acts of' Lessee, .its agents,, employees or
any person aiding or assisting Lessee in the performance
of any act or function on the above described premises.
Lessee. shall furnish to Lessor a certificate showing that
it has enforced (and it shall keep in same enforce at all
times during the term of this lease) a policy of liability
insurance with an insurance company duly authorized to do
business in the state of Texas in an amount of not less than
Lease Agreement
Page Two
~300,000.00 as protection of any liability for damages of
said Lessor, its agents, employees or any other person
assisting in the carrying, out of the functions of Lessee,
and the same shall, in addition to protecting Lessee, provide
therein .that they shall protect the Lessor.
VI.
Lessee shall not without prior written consent of Lessor
sign or sublet the above described property or any facilities
located thereon to any third party.
VII.
This lease is made for the purpose of granting to Lessee
facilities for the use of the Senior Citizens of ~ale County,
Texas. Should said premises and the facilities thereon cease
to be used for such purposes this' lesse shall become null and
void and the d~sed premises shall beT delivered to Lessor
together with all permanent improvements and fixtures situated
thereon.
In the event the Hale County Senior Citizens Association
shall cease to function as an organization for Senior Citizens
Of Hale County, Texas,-.~_his tease may be terminated by Lessor
at its discretion within sixty (60) days thereafter.
-. · VIII. - ~
The. parties agree that Lessee may relinquish said lease
at any time, .Upon failure of Lessee to keep the above described
premises and the facilities located thereon in good repair and
condition, Lessor shall give to Lessee sixty (60) days notice,
in writing, of such failure, specifyi_ng the particulars about
which the complaint is made and Lessee shall have sixty (60)
days therefrom to remedy such defects. In the event of the
failure of Lessee to take action necessary to correct said
defects after notice is given, Lessor may at its option ter-
minate said lease.
Lease ~greement
Page Three
.... , . .: .- ;;:..;}
IX.
Lessee shall have ]0 days from and after the date of
· the approval of this lease by the City of Plainview, Texas,
Lessor, to file with the City Secretary, a written statement
signed in its name and on its behalf by a duly authorized
officer of the Association in the following form:
"The Honorable Mayor and City Council of the City
of Plainview:
The Hale County Senior Citizens Association for
itself, its successors and assigns, hereby accepts
the attached Lease Agreement heretofore proved by
the City Council of the City of Plainview by
-resolution dated the 28th day of August , 1979,
and agrees to be boun~--~ all of the'Germs and
provisions thereof."
-- President
DATED THIS 28~h . day of Au.gg. st , 1979
,~. Robe t ayl~Mayor, Cit~ of
~Plainview (Lessor)
ATTEST=
· ,.. Hale County Senior Citizens Association
ATTEST:
SeCretary
Presiden%
(Lessee)
< ;
(Lessee)
Lease Agreement
Page Four