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Home My WebLink About02-26-87-11 - Resolution - 02/26/1987RESOLUTION NO. 02-26-87-11 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH THE CITY OF BRYAN FOR THE LEASE OF A TRACT OF LAND FOR THE LOCATION OF A WATER WELL. WHEREAS, on the 26th day of February, 1987, the City Coun- cil met in its reaular meetisq and considered a proposed lease agreement between the City of College Station and the City of Bryan for the leasina of a 0.890 acre tract of land on the Bryan Utilities Lake Property for the location of a water well; and WHEREAS, the City of Colleqe Station City Council has de- termined that the leasina of this property for the location of a water well would be in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of College Station that the Mayor is hereby authorized to enter into the Lease Agreement attached hereto for the leasing of the 0.890 acre tract of land. PASSED and APPROVED this 26th day of February , 1987. APPROVED: L22-B/CS STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT This Lease Agreement is entered into by and between the CITY OF BRYAN, A Texas Home Rule Municipality (hereinafter referred to as LESSOR) and the CITY OF COLLEGE STATION, A Texas Home Rule Municipality (hereinafter referred to as LESSEE). WHEREAS, LESSOR agrees to let and LESSEE agrees to lease, pay rent, and perform tile additional obligations set forth herein with reference to the real property described in the attached Exhibit A, incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, :he parties have and do hereby agree as fo)lows: 1) The term of this lease shall be from December 1, 1986 to December 1, 1996, and sha)l not renew, extend, or continue without an additional agreement between the parties. Unless an additional agreement is made, LESSOR ahall be entitled to possession of the property upon the termination of this agreement. 2) 3) LESSEE shall pay the sum of TEN AND NO/lO0 DOLLARS ($10.00) per year as rental on or before the first day of DECEMBER of each year. LESSEE shall pay the rent by mailing the same to the Director of Finance of the City of Bryan, P.O. Box 1000, Bryan, Texas, 77805, or be delivering the same to the Director of Finance in person. LESSEE agrees to perform and pay all normal and routine maintenance on the said property. LESSEE agrees to utilize the property as a water well site. 4) In the event LESSEE abandons the lease, no future rentals shall be due, but LESSOR shall be entitled to any improvements on the property. 5) The premises shall be occupied by the LESSEE in compliance with Article 5421c-12, Section 2(6) of the Texas Revised Civil Statutes. 6) Both LESSOR and LESSEE are tax exempt organizations under Texas and Federal law. 7) LESSEE has inspected the property to be leased and accepts the property as is. Ba) LESSOR understands that LESSEE intends to utilize the property as a municipal well site. LESSOR agrees that it shall not utilize the property described in the attached Exhibits "A" and "B" for any of the following uses: 1) Cesspool. 2) Septic tank or septic open jointed drain field. 3) Sewage treatment plant. 4) Sewage wet well. 5) Sewage pumping station. 6) Drainage ditches with industrial waste discharges or wastes from sewage treatment systems. 7) Animal feed lot(s). 8) Solid waste disposal site(s). 9) Solid waste landtill(s). 10) No other facilities that might create a danger of pollution to the water to be produced from the well. ,06062 ab) LESSOR further agrees that LESSEE shal) be entitled to the judicial remedy of injunction in the event it is necessary to prevent or abate such uses. LESSOR agrees that LESSEE sh~]l be entitled to go on the property described in Exhibits "A" and "B" to prevent or abate such prohibited uses. g) The LESSEE shall defend, indemnify and save harmless the City and all its officers, agents, and employees from all suits, actions, or claim~ of any character, name, or description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the LESSEE'S use of the leased premises or by or from the lessee itself or its employees or by or in consequence of any negligence in safeguarding the ~ell or through use of unacceptable materials in drilling or constructing the water we)l, or by or on account of any act or omission, neglect or misconduct of LESSEE, or by or on account of ~ny claim of amounts recovered under Workmen's Compensation Law or any other law, ordinance, order, or decree. LESSEE shall defend, indemnify and save harmless the City, its officers, agents and employees in accordance with this ~ndemnification clause regardless of whether the injury or damage is caused regardless of whether the injury or damage is caused in part by the City, its officers, agents, or employees. This agreement is executed in the County of Brazos, State of Texas and shall be construed under Texas law. Venue shall l~e in a Brazos County court of competent jurisdiction unless the parties agree otherwise. The parties signing hereto hereby agree to provide proof of authorization to sign prior to the execution of this agreement. EXECUTED in duplicate originals this ~7~ day of ~'~, 19~. LESSEE: LESSOR: CITY OF COLLEGE STATION CITY OF BRYAN P.O. Box 9960--- College Station, TX 77840 Marvin Tate, Mayor P.O. Box 1000 Bryan, TX 77805 APPROVED: William K. Cole, ~ity Manager Ernest Clark, City M~,~ager APPROVED AS TO FORM: Cat~y -L-Oc~e-; Ci ty-~-ttorney APPROVED AS TO FORM: ~obert D. Andron, City Attorney ~ Dia~'one¥ City Secretary ATTEST uorothy D. M~lle~$ ' Secretary 06063 EX]iIB iT A " CITY OF COLLEGE STATION, TF.v~s WELL SITE ON BRYAN UTILITIES LAKE PROPERTY B=lng a 0.890 acre tract of land situated in the Samuel Johnson Survey, A-147, Brazos County, Texas, and a parc of the 176.198 acre tract conveyed to the City of ~ryan as recorded in Volume 292, Page 652 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: COMMENCING at a fence corner in the northeastern right-of-way line of Rye School Road, a county road, ~.,~d feuc~ corner also being the west corner of said 1]6.198 acre tract; Thence S 47" 56' $7" E along the northeastern righ£-of-way of Rye School Roud, as now defined by a fence, 100.00 feet to an iron pin m~rkin~ the POINT OF BEGINNING of this description: THENCE N 41° 28' E a distance of 310.00 feet to an iron pin for corner; THENCE S 47° 56' 57" E a distance of 125.00 feet to an iron pin for TIIENCE S 41" 28' W a distance of 310.00 feet to an iron pin for corner; THENCE N 47" 56' 57" W along the beforementioued fence and northeast lane of Rye School Road for a distance of 125.00 feec to the POINT OF BEGINNING of this tract and the end of this de~cription, and containing 0.890 acres, more or less. December 1986 a'06064 SANITARY CONT~OL ON WELL SITE AT BRYAN UTILITIES LAKE PROPERTY B~ing a 1.188 CracU of land siuuated in uhe Samuel Johnson Sut-~ey, A-147, Brazos County° Texas, and a par£ of uhe 176.198 acre tract conveyed to the City of Bryan as recorded in Volume 292, Page 652 o£ the Deed Records of Brazos County, Texas, and being more particulary described as follows: BEGINNING au an iron pin, said iron pin also being the POINT OF BEGINNING of the 0.890 acre tract described in Exhibit Al THENCE N 47° 56~ 57' W along a fence marking uhe noruheastern right-of-way of Rye School Road a distance of 49.3 feeU Co a point; TIIENCE along a curve to the righu which has a radius of 150 feet, a central angle of 263° 37' 14" and a length of curve of 690.00 feec to a point in the northeasuern fence lln~ of Rye Schbol Road; TBENCE N 47' 56' 57" W along aforementioned f~nce a distance of 174.3 feet to the POINT OF BEGINNING and the end of this description, and con£aining 1.188 acres, more or less. December 1986 a06065