HomeMy WebLinkAbout10-13-88-21 - Resolution - 10/13/1988RESOLUTION NO. 10-13-88-21
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREE-
MENT FOR LEASE FROM L.A. FORD, JR.
WHEREAS, the City of College Station is desirous of in-
stituting passenger rail service to the City for the
benefit and use of the residents of the City; and
WHEREAS, L.A. Ford, Jr., has agreed to lease to the City
.628 acres of land for access to and parking at an Am-
trak platform.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of College Station that the Mayor ~s hereby
authorized to execute an Agreement for Lease with L.A.
Ford, Jr.
PASSED and APPROVED this /~ day of October, 1988.
ATTEST
APPROVED:
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 agree 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 ~s 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 be entitled to possession of the Leasehold
upon the 16th day of October, 1988. LESSEE shall be entitled to
the use and control of the premises for a period of one year. It
is further understood by the parties that LESSOR intends to de-
velop the entire tract in the near future. LESSEE agrees that
during construction on the site LESSOR may from time to time re-
locate the parking area by designating and providing a new area
of equivalent size to accommodate twenty (20) parking spaces and
by providing continued access from Marion Pugh Drive to the park-
lng area and train platform. LESSOR will provide LESSEE with
forty-five (45) days written motlce of its intent to relocate
LESSEE prior to beginning construction. LESSEE may, at its op-
tion, waive the full time period for relocation. LESSOR agrees
that at no time will ~t prohibit LESSEE, the residents of College
Station, and the patrons of Amtrak from accessing the train plat-
form.
III. RENTAL
In consideration for the sole right of use and control of
the Leasehold, LESSEE shall pay LESSOR rental in the amount of
Three Hundred Fifty Dollars ($350.00) per month to be paid on or
before the 10th of each month, and, if the term commences on a
date other than the first day of November, 1988, LESSEE shall pay
LESSOR on the first day of the term, a pro rata portion of such
payment.
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
~ts same condition.
V. DEFAULT
In the event that LESSEE should default upon the t~mely 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 the Leasehold.
VI. TAXES
LESSEE agrees to utilize the property for a public purpose.
LESSEE agrees to pay Four Hundred Fifty-eight Dollars ($458.00),
the pro-rated taxes on the Leasehold for part of October and all
of November and December, 1988. This payment will be due on or
before January 1, 1989. LESSEE agrees to pay LESSOR Two Thousand
Two Hundred Dollars ($2,200.00), the taxes imposed upon the
Leasehold for 1989. This payment will be due on or before Janu-
ary 1, 1990. In the event that there is determination 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
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those taxes imposed. LESSOR shall be responsible for and pay any
taxes assessed for prior years as a result of change in its own-
ership or its land use.
VII. LIABILITY INSURANCE
LESSEE represents that it has presently in force, and shall
hereafter retain in full force and effect: Comprehensive general
liability Insurance in a minimum amount of One Million Dollars
($1,000,000.00) for loss from accident resulting ~n bodily injury
or death to person(s), and for Five Hundred Thousand Dollars
($500,000.00) for loss from accident resulting in damage or de-
struction to property; together with surplus or excess coverage
in the maximum limit of F~ve Mill~on Dollars ($5,000,000.00).
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, l~censees,
agents, servants, employees or invitees arising from any acci-
dent, ~njury or damage whatsoever caused to any person or to the
property of any person occurring during the term hereof on LES-
SE~.'s premises. This indemnity and hold harmless agreement shall
include ~ndemnity against all reasonable costs, expenses, and
l~ab~l~t~es relating to or in connection w~th any such claim or
proceeding and the defense thereof, including attorney's fees and
court costs ~ncurred by LESSOR.
IX. SUBORDINATION OF LIENHOLDERS
All l~ens 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 ma~l~ng a
certified copy, return receipt requested, to the following ad-
dresses:
City Manager L.A. Ford, Jr.
City of College Statlon Box 1900, Route 2
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 mall shall be
sent.
XI. CLOSING
It is understood by the parties that L.A. Ford has con-
tracted to purchase the property from the FSLIC. In the event
that the closing does not occur, this lease shall be void.
DATED this the day of , 1988.
CITY OF COLLEGE STATION
BY.-
L'A. Ford, Jr.,'Tiustee
STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This ~nstrument was acknowledged before me on the /~ ~ day of
~J~O~r , 1988, by LARRY RINGER, as Mayor of the
City of C611ege Station, a Texas Home Rule Municipal Corporation,
on behalf of said municipal corporation.
Notary Public in and for the
State of Texas ....
Printed Name: ~D;~
My Comm. Ex. ~-~ ~.
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGMENT
Th~s instrument was acknowledged before me on the
,- , 1988, by L.A FORD, JR., Trustee.
day of
N6~a~y Public in and for the
State of Texas
Printed Name:
My Comm. Exp:..~o ._~ ~.'~ ..
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STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the '~/~
.~ ~ - day of
of DMZ, INC., a Texas Corporation, on behalf of said corporation.
~-"'?~', SA~4DR^V;^~D N~tary Public in and for the
!, -r N0ta~ Public. St-~%e 0~ T~,~3s State of Texas~
;.%, c ...... :~,0.~ .~ - e ..... ~ Printed Name: ~ mJ~,~ /~r3
My Comm. Exp:_ £;/ ~,,-- 93
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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
ituated in the J. E. Scott Survey, A-50, Brazos County, Texas, and being
)art of the 5.98 acre tract described in the deed from Federal Savings and
.oan Insurance Corporation to L. A. Ford, Trustee, recorded in Volume,
Page , of the Official Records of Brazos County, Texas, and being more
)articularly described as follows:
BEGINNING 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 {he Southern Pacific Railroad;
THENCE 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
/2" iron rod set in the no~.theast right-of-way line of Marion Pugh Drive; ,
THENCE N 18° 35' 42" W along the northeast right-of-way line of the '
-" ,r n
,eforementioned Marion Pugh Drive, for a distance of 100.89 feet to a ,1/z.-..( o
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 the PLACE OF
BEGINNING, containing 27,374 square feet of land, more or less.
Surveyed October, 1988
S. M. Kling ~
Registered Public Surveyor No. 2003
,... EXHIBIT "A"
KLING ENGINEERING AND SURVEYING "'~9 6 ? 7
BRYAN. TEXAS