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1988-093CITY OF SOUTHLAKE, TEXAS RESOLUTION 88-93 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SOUTHLAKE AND PROPERTY OWNER OF LAND CONTIGUOUS TO PROPERTY OWNED BY THE CITY BEING LEASED ON A TEMPORARY BASIS UNDER STATED CONDITIONS. PROVIDING AN EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That the City Council hereby approved the temporary lease agreement for city property in the form attached hereto as Exhibit "A" and authorizes and directs the Mayor to execute and deliver such agreement to the proper party on behalf of the city. Section 2. That this Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED THIS THE(18th DAY OF,OCTOBER 1988. ATTEST: City Secretar Sandra L. LeG Ma5,or f Southlne Jot.nn- H. Westerholm l r STATE OF TEXAS COUNTY OF TARRANT LEASE AGREEMENT WHEREAS, the City of Southlake (City) is the owner in fee simple title of the property described in Exhibit "A", which is attached hereto, which property (the Property) was purchased for the public purpose of providing the City and its citizens with access to a sewer plant site; and WHEREAS, the City does not have a current and immediate need for the Property; and WHEREAS, the undersigned, hereinafter referred to as Owner(s)", are the Owner(s) of the land that is contiguous to the Property; and WHEREAS, the City and the Owner(s) are desirous of the City leasing the Property to the Owner(s) on a temporary basis under certain hereinafter stated conditions. NOW, THEREFORE, the Parties hereto, the City and the Owner(s) do hereby contract, covenant and agree as follows: Section 1. The City does hereby lease and let the Property" to the undersigned Owner(s). Section 2. The term of the lease is for two (2) years commencing on the 18th day of October , 1988 and ending on the 18th day of October , 1990. This lease may be reviewed for continuous two (2) year periods by each party notifying the other party in writing during the 24th month of the term of the lease. Section 3. The Owner(s) shall have the following rights, duties and responsibilities relative to the Property during the term of the lease: a. No permanent structures except fences may be constructed without written approval from the City. b. The Owner(s) shall maintain the Property in a manner that does not create a nuisance and that does not violate any law or City ordinance. C. The Owner(s) shall pay any ad valorem property taxes that may be levied against the Property. However, it is not anticipated that any taxes will be levied. d. The Owner(s) agrees to release, relieve, quit -claim and hold harmless the City, its City Council, employees, agents and servants fro any and all claims, suits, personal injuries, demands, property injuries arising out of or in any way connected, directly or indirectly, with the lease and use of the Property by Owner(s). A - e. The Owner (s) shall not be required to make - any lease payments. Section 3. Either party many terminate the lease at any time by giving the other party thirty (30) days written -notice. All improvements shall be removed by the Owner(s) within thirty 30) days of receipt of notice to terminate. Section 4. Venue for enforcement of this Agreement is Tarrant County, Texas. The laws of the State of Texas shall govern the interpretation of this Agreement. EXECUTED this 18th day of October , 1988. CITY aF SO AKE: r By: G Johnny H. Westerho ATTEST: Sandra L. LeGrand City Secretar} ' OWNER(S): STATE OF TEXAS COUNTY OF TARRANT lm, Mayor BEFORE ME, the undersigned authority, on this the day of , 1988, personally appeared , known to me to be a credible person and one of the signers of the forgoing application, and who, after being by me duly sworn, did upon oath state that the information contained in such application is true and correct to the best of his knowledge and belief. Notary Public My commission expires: 2- tXNIBIT "A" Ij Dave Sewer Plant ' r' Street Access "Pr©perty" Ownerts)" ra TR p, 3 381A TR 381 TR 3818 14 TA TR 381 38iC 5.709 AC 66 65 7 8 TR 301 64 5 9.7 AC 4 3 2 63 i 13 LAKESIDE 62 p 29 32 61 ICZ 28 30 31 33 60 Z Z a 27 26 50 59 49 51 1- PE" 25 58 TR 302 7 48 52 `' 23 3.97 AC 57 24 47 _ ! 22 53A 45 54 55 56 21 20 45 \ 39 FLAMINGO CT. 41 39444342 T2- 53 40 38 n35 17 31 v 3P 33 3436 37 16 3a 5 30 WNITEWING CT. i5 4 29 28 27 26 25 24 23 01) . 14 5 47