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Home My WebLink About11-29-89-4.5 - Resolution - 11/29/1989RESOLUTION NO. ]1,29-Rq-4_5 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR LEASE WITH L.A. FORD ON THE PROPERTY FOR THE AMTRAK STATION IN COLLEGE STATION, TEXAS. WHEREAS, the lease on the property for the Amtrak station expired on November 1, 1989; and WHEREAS, the City Council has decided that it would be in the best interest of the citizens of the City of College Station to renew the lease on the Amtrak Station; NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of College Station that the Mayor is hereby authorized to execute the Agreement for Lease with L.A. Ford on the property for the Amtrak Station. PASSED and APPROVED this 29th day of November , 1989. ATTEST .' City Sec e~ary APPROVED: 007563 AGREEMENT FOR LEASE THIS AGREEMENT is made subject to final approval of the City of College Station City Council. This Agreement is made by and between L. A. FORD, Trustee, (hereinafter referred to as "LES- SOR"), and the CITY OF COLLEGE STATION (hereinafter referred to as "LESSEE"), for the use and possession of the property de- scribed in the attached Exhibit "A." The parties do hereby ~gree as follows: I. PREMISES The City Council of College Station has deemed it necessary to construct a drive, parking lot, and park on the property de- scribed in the attached Exhibit "A." The purpose of this lease is to provide the City of College Station residents with access and parking to an Amtrak platform. The City Council has deter- mined that this is most feasibly done by the lease of the prop- erty described in the attached Exhibit "A" (hereinafter called the "Leasehold"). II. TERM The LESSEE shall continue /ts possession of the Leasehold as of November 1, 1989, and shall be entitled to the continued use and control of the premises for a period of one year. It is further understood by the parties that LESSOR intends to develop the entire tract in the near future. LESSEE agrees that during construction on the site LESSOR may from time to time relocate the parking area by designating and providing a new area of equi- valent size to accommodate twenty (20) parking spaces and by pro- viding continued access from Marion Pugh Drive to the parking area and train platform. LESSOR will provide LESSEE with forty- five (45) days written notice of its intent to relocate LESSEE prior to beginning construction. LESSEE may, at its option, waive the full time period for relocation. LESSOR agrees that at no time will it prohibit LESSEE, the residents of College Sta- tion, and the patrons of Amtrak from accessing the train plat- form. 007564 III. RENTAL In consideration for the sole right of use and control of the Leasehold, LESSEE shall pay LESSOR rental in the amount of Four Thousand Two Hundred Dollars ($4.200~00)~r Lo~ ....... ~ ~ ~v.v~, , [~to be paid on or before the first day of November, 1989. IV. IMPROVEMENTS All improvements, repairs, restoration, extensions, altera- tions, and additions to and on said premises now or hereafter made by LESSEE shall be the property of LESSEE upon the expira- tion of the lease term. It is agreed by the parties that any parking lot improvements shall become the property of the LESSOR upon the expiration of the lease term and the removal of LESSEE from the premises. LESSEE shall otherwise return the premises to its same condition. V. DEFAULT In the event that LESSEE should default upon the timely pay- ment of monthly rental, LESSOR shall be entitled to a penalty payment of Ten Dollars ($10.00) per day. In the event that LESSEE should default upon the lease and abandon, desert or vacate the Leasehold, then LESSOR shall be en- titled to retake possession of t~e Leasehold. VI. TAXES LESSEE agrees to utilize the property for a public purpose. LESSEE agrees to pay LESSOR the sum of Two Thousand Two Hundred Dollars ($2,200.00), the pro-rated portion of the ad valorem taxes on the Leasehold for 1990. This payment will be due on or before November 1, 1989. In the event that there is a determina- tion that the use of the premises or any part thereof by LESSEE is subject to taxation, then LESSEE shall be responsible for the payment of those taxes imposed. LESSOR shall be responsible for and pay any taxes assessed for prior years as a result of change in its ownership or its land use. - 2 - 007565 VII. LIABILITY INSURANCE LESSEE represents that it has presently in force, and shall hereafter retain in full force and effect: commercial general liability insurance in a minimum amount of One Million Dollars ($1,000,000.00) for loss from accident resulting in bodily injury or death to person(s), and for loss from accident resulting in damage or destruction to property. VIII. INDEMNITY LESSEE agrees to indemnify and save harmless LESSOR from and against all claims of whatever nature arising from any act, omis- sion or negligence of LESSEE, or LESSEE's contractors, licensees, agents, servants, employees or invitees arising from any acci- dent, injury or damage whatsoever caused to any person or to the property of any person occurring during the term hereof on LES- SEE'S premises. This indemnity and hold harmless agreement shall include indemnity against all reasonable costs, expenses, and liabilities relating to or in connection with any such claim or proceeding and the defense thereof, including attorney's fees and court costs incurred by LESSOR. IX. SUBORDINATION OF LIENHOLDERS All liens in and to the above-described leasehold shall be subordinate to the interest of the LESSEE in the leasehold, and LESSOR shall arrange for the timely execution of necessary docu- ments to accomplish such subordination. X. NOTICE Notices to the parties herein may be served by mailing a certified copy, return receipt requested, to the following addresses: City Manager L.A. Ford, Jr. City of College Station Rt.3, Box 1900 P.O. Box 9960 Bryan, TX 77801 College Station, TX 77842 Either party may from time to time, upon written notice to the other party, change the address to which notices by mail shall be sent. - 3 - 007566 XI. SALE Owner may cancel the lease on forty-five (45) days written notice of sale or owner may assign lease to Buyer. DATED this the 3~ day of ~.Q~O~/_. , 1989. CITY OF COLLEGE STATION BY: ATTEST: CiSy Secr~ L.A. Ford, Jr.,' Trustee STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) · instrument Thls'"~4~was~)~9~ acknowledged before me on the ~ day of , 1989, by LARRY RINGER, as Mayor of the City of College Station, a Texas Home Rule Municipal Corporation, on behalf of said municipal corporation. CONHI~ MO0~$ ~~~ MY COMM)$$.ON EXPIRES l~otary Public in and for the 2~'S/90 State of Texas STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the ~;~, , 1989, by L.A. ro~~. ~tary Public in and v/~State of Texas day of for the - 4 - 007567 STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 1989, by JIM ALLEN, as of DMI, INC., a Texas Corporation, on behalf of said corporation. Notary Public in and for the State of Texas - 5 - 007568 Am-Trac L. A. Ford, Trustee J. E. Scott Survey, A-50 College Station, Brazos County, Texas- Field notes of a 27,374 square foot tract of land, lying and being situated ih the J. E. Scott Survey, A-50, Brazos County, Texas, and being of the 5.98 acre tract described in the deed from Federal Savings and .Dan Insurance Corporation to L. A. Ford, Trustee, recorded'in Volume, Page , of the Official Records of Brazos County, Texas, and being more y described as follows: ' BEGIIINING at the 1/2" iron rod found marking the east corner of the ~eforementioned 5.98 acre tract, said iron rod being in the southwest right- of-way line of'fhe Southern Pacific Railroad; TI(ENCE S 63° 46' 43" W along a southeast line of the beforementioned 5.98 acre tract, and it's projection, for a distance of-280.45 feet to a 1/2" iron rod set in the no6theast figlit-of-way line of Marion Pugh Drive; THENCE Il 18° 35' 42" W along the northeast right-o'f-way line of the beforemention.ed Marion Pugh Drive, for a distance of )00.89 feet to a.]/j2,".~ron rod set for corner; THENCE N 63° 46' 43" E for a distance of 267.06 feet to a 1/2" iron rod set in the southwest right-of-way line of the Southern Pacific Railroad; THENCE S 26° 13' 17" E along the southwest right-of-way line of the Southern Pacific Railroad, for a distance of lO0.O0 feet to :he PLACE OF- iBEGINNING, containing 27,374 square feet of land, more or less. Surveyed October, 1988 By: S. M. Kling Registered Public Surveyor No. 2003 ,~ EXq{IBIT "A" KLING ENGINEERING AND SURVEYING BRYAN TEXAS