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Home My WebLink AboutR80-309RESOLUTION NO. R'80-309 oo A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A RELEASE TERMINATING A LEASE OPTION ON PROPERTY NO LONGER USED AS PARKS PROPERTY. WHEREAS, on the 17th day of May, 1971, the City of Plainview did lease a tract of !and out of the John Kiser Homestead Survey, said Contract of Lease a~tached hereto and reference made to said Contract for complete description of the real property. AND WHEREAS, the lease contains a renewal option to extend the same to May 16, 1981. AND WHEREAS, a question has arisen whether or not the option was renwed. NOW, THEREFORE the undersigned does hereby certify that the said lease was not renewed and that the City of Plainview makes no claim of right, title or interest in or to the subject property. THAT the Mayor of the City of Plainview is duly authorized by the City Council of Plainview to make this certification such authorization given by the City Council on the 8th day of September, 1980, and appears in the official minutes of such Council. ATTEST: WALTER S. DODSOb~, ~i~ty Clerk STATE OF TEXAS : 'VOL COUN.%%f OF HALE : This AGREFELENT OF LEASE, made and entered into this, the 17th ...... day ~-( May, A.D. 1971, by and between HALE COUNTY AGRICULTURAL HOUSING ASSOCL',fION, a Corporation, acting by and through its President hereunto duly. 'authorized, and hereinafter referred to as "Lessor", and the CITY OF PLAINV!rEW, a Municipal Corporation, acting by.and through'its ~layor hereunt~ ~duly, authorized, and here- inafger referred Co as~"Le.ssee'', :..::,... WITNESS ETH: 1. The Lessor does, by these presents,, lease and demise unto the Lessee, the following described property, to-wit: Lying and being situated in the City of ?lainview and County 'of Hale, State of Texas, and being~ - A tract of land out of the John Kiser Homestead Survey, more recently kno~za as the "New Home. Addition'', Hale County, Texas, and being more s~cifically described metes and bounds as follows: BEGINNING at a point 50.0 feet East and 50,0 feet South'of'~ ~he Southeast corner of Lot 23, Block 1, Carver Heigh~a Addition to ~he City of Plainview~ Hale County, Texas; THENCE North 89 degrees 50 minutes East 370 feet along She South R-O-W line of Givens Street extended to a ~oin~; '- THENCE South 0 degrees 32 minutes East ~00 feet West Of _. existing building to a point; THENCE ~est 0 Degrees 10 minutes North. 370 feet ~o a point; THENCE North 700 feet t'o the PLACE OF BEGIN~.ING, amd containing 5.9 acres, more or less; for ~ ter~ of fish yea~s, beginning ~n, ghe : 17th day of ,May, A. D. 1971, ~nd ending on t~e 16th day of }~y, A.D. 1976, 'for ~he ~ur~o~ of ~ain~aining.sai4 proper~y as a Cl~y l~ark for'~he usm ami benefi'~ public. 2. The consideration for this'Lease insofar as Lessor is concerned is the material benefits which Lessor will receive by virtue of Lessee's maintaining, supervising and managing said Park for the use and benefit of the general public, in view of the fact that adja~n~ to this property, the Lessor' owns and manages a'housing project' and the maintenance of said Park for the use of the general..public will materially aid ~he Lessor in conducting said housing project.. The Lessor will' develop said tract of land for Park purposes', by the installment and completion' of the following facilities: ~ASIC_FACILITIES: Irrigation system - underground quick coupling impulse sprinkler system; " Turf area bed preparation, fertilizer and seeding 28,100 sq. yds.; ~ .... RECR.E~TION F~CILITIE~: 1. Multi-purpose court, 45' x 75'; 2. Little League Baseball Park, 140 feet of 6' chain link fence; 40 feet of lQ' chain link fence; ~ Babe Ruth Baseball Park, 100 feet of 6" chain link fence;' 70 feet of 10' chain link fence; .All of which facilities shall be completed at Lessor's expense and this lease shall mo~ be in force and in effect until said facilities are complete. 4. The Lessee will take charge of the said tract of land, together with the facilities hereinabove referred to upon completion of facility installatfon~ The Lessee will thereafter, during the full term of this Lease Agreement,. maintai~ said facilities, keep the same in repair, opera~ ~he said tract of land and the facilities at its own expense for park Mn~ recreational purposes available for the use of the general public· 5. During the' term of chi6 ~ease Agreement, Lessee shall not only have the right but the responsibility of supervising, repairing, maim=aining and controllin~ the said tract of land an4 facili=tes above .des~.,)ed fo~ park and recreational purposes and.will return ~he same ~o th~ Lessor upon the termination of this Agreement in good repair, reasonable wear~ and tear only excepted; ~]~e Lessee will maintain the grass to be 'planted by the Lessor and keep the same watered seasonable ti~es, bu'~' the Lessor understands and agrees that therA is a certain amount 'of natural deterioraCion, wear and depreciatio~ to the facilities and that che Lessee w~ll not be responsible for maintaining, the facilities in the same condition' ~'~ when received, nor will it be re'sponsible for natural and u~ual deterio~ion wear an~:depreciation because .of use, age or natural cguses. Thi~ Lease Agreement is for a five-year period, but the Lessee shall have the option of extending t~is Agreement, .sub~ect to ~he ~ame terms, conditions and provisions a~ herein provided, for an addi- tional five-year term, beginning with May.. 17th, A. D. 197~, and termina~ing £ive year~ thereafter, with the.. date of May . 16th. A.D. 1981. If ~h.e ~esire~ to exercise .this option, it will no~ify Lessor sixty days prior the termination, date, which option, may be exercised by a motion made and passed by the City Council. qf the!City of Plainview, and the n~tiftca~i~n ' of the pasmage of the said motion.being given to, the Le~mor. .~ .JCUTE~ by the CITY OF ~PLAIN¥IEW, acting by and through its .Mayor, an~ ~L~ OOD~TY AGRICULTURAL HOUSING ASSOCIATION; acting by and ~hrough ~e~.e~ ~h~ ~he ~ day of May, 19~1 " :: PRESIDENT - . , -VOL 06 ~,~28§ COU~¥I'Y OF I[iLE I I, M.L. Rea, 'City Clerk of the City of Plainview, Texas, do hereby certify that the above and foregoing is a true and correct copy of ~~~LeaseAgreer ad · ment, . upcea aha enac~ea 0 the C' ~ ' ' C~ty.of Plainview T~,-~; ~. : .... Y ~t) Council of the ~ .... . , .... o, ac ~cs regular meeting on May 17th J~ ~ ~,.i~, ?[ pp~}mou] vote of a~l member, s prgsent, _ ali the C~ty Council being present, m~d that said Ordznm~ce i'~ no~ bf record in the Minutes of said City Co~cil in Vol~e 15 , Page 131 G~en, ovember~der my h~d, A.D.and, 19sealy~°f said City, this . 5th_ ~y of City 'of Plainview, Texas STATE OF TEXAS COUNTY OF HALE BEFORE ~.~, the undersigned authority, on this day personally appeared bi.L. REA, kmown to qne to be the person and officer whose nmue is subscribed . to the foregoing instr~anent, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity ~nerein stated. · . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this A.D. , 19 71. 5th clay of ~~ Notary Public, H~ie County, ~xa~---