HomeMy WebLinkAboutResolution - 4696 - Lease Agreement - SPCAA Inc - WIC Program - 01_12_1995Resolution No. 4696
January 12, 1995
Item #29
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Lease Agreement by and between the City
of Lubbock and the South Plains Community Action Association, Inc. -- WIC Program,
attached hereto, which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 12t ay January 19945
VID R. LANGSTON.1MAYOR
ATTEST:
-1
Betty M. Johnso , City Secretary
APPROVED AS TO CONTENT:
Doug Goodan, Managing Director of
Health and Clommunity Services Division
APPROVED AS TO FORM:
9-�
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D ald G. Vandiver, First Assistant ll
City Attorney
DGV:da/ccdocs/W IC PRG.res
November 29. 1994
Resolution No. 4696
January 12, 1995
Item #29
LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK
This Lease Agreement entered into this day between the CITY of Lubbock,
Texas, a home rule municipal corporation, as Lessor, hereinafter called "CITY", and the
South Plains Community Action Association, Inc. -- WIC PROGRAM, Lessee,
hereinafter called "WIC PROGRAM."
WITNESSETH:
L
The CITY does hereby lease to the WIC PROGRAM Approximately 1,500
square feet of air conditioned/heated, handicapped accessible, clinic space and access to
common area restrooms and parking, a building "HEALTH DEPARTMENT" located at
1907 Texas Avenue, in Lubbock, Texas.
The term of this lease shall be for one (1) year commencing October 1, 1994, and
ending September 30, 1995. It may be renewed for additional one (1) year terms upon
mutual written agreement of the parties expressed within thirty (30) days of the end of the
initial term or any extension thereof.
The WIC PROGRAM shall pay to the CITY as rental for such premises the sum
of SEVEN HUNDRED AND FIFTY DOLLARS ($750.00) per month with the payment
for the first month due upon the signing of this lease, and thereafter the rental amount shall
be adjusted annually to conform to changes in the Consumer Price Index from the
previous year. Such adjustment shall be made on or before the anniversary of this
Agreement each year and said adjustments shall be effective for one (1) year.
IV.
The WIC PROGRAM does hereby agree to perform the following duties:
1. Maintain the WIC PROGRAM clinic area in a condition acceptable to the City
Manager of the City of Lubbock and consistent with its condition upon the
commencement of this lease.
2. Make no unlawful, improper or offensive use of the clinic space in the building .
LEASE AGREEMENT
PAGE 2
3. Make no sublease or assignments of this Lease to the WIC PROGRAM.
4. Comply with all City ordinances, State laws, and Federal laws applicable to the
premises or WIC PROGRAM' S use of the premises.
5. Hold the City of Lubbock harmless from any or all claims for damages arising
from the use of the premises by the WIC PROGRAM, its agents or employees, or any
member of the public.
6. Make no structural changes or remodeling of the building without first
obtaining the written consent of the City Manager of the City of Lubbock or his
designated agent. Any structural modifications must be in compliance with the Americans
with Disabilities Act of 1990, as amended.
7. Pay for all structural changes or remodeling which may be approved.
8. Acquire and maintain continuously throughout the term of the lease, general
liability insurance in the amount of $1,000,000 for the WIC PROGRAM, providing the
CITY with proof of insurance, and naming CITY as an additional insured. Any liability
incurred in the operation of the WIC clinic shall be the sole responsibility of South Plains
Community Action Association, Inc.
9. Maintain and use the premises for provision of USDA -WIC (Women, Infants,
and Children) Supplemental Nutrition Program clinic services and related administrative
activities and for no other purpose.
10. Provide all phone services and any special electrical wiring or other
customization of the rooms necessary to provide WIC services, subject to the approval of
the City Manager or his representative.
11. Pay said rents to the CM OF LUBBOCK in manner and form as
hereinbefore specified, and quietly deliver up said premises on the day of the expiration of
this lease. WIC PROGRAM will be granted an option to renew annually.
V.
This Lease may be terminated by (1) the expiration of the term stated hereinabove,
(2) upon violation of any of the conditions herein stated, (3) by mutual agreement of the
parties, or (4) unilaterally by either party upon thirty (30) days written notice to the other.
Notice in regard to unilateral termination shall be deemed properly delivered when a copy
is handed to the CITY Manager of the CITY of Lubbock or to the Executive Director of
the South Plains Community Action Association, Inc.
LEASE AGREEMENT
PAGE 3
12th January, 1995
Executed this day of Bi}a'n)WWXXXXM1%X
CIT F LUB�6i
Y t(
.r d R. Langston,
ATTEST:
betty MJJdfinson, Cfty Secretary
APPROVED AS TO CONTENT:
Doug Good�pan
Managing Director of Health
and Community Services Division
APPROVED AS TO FORM:
w
Do aid G. Vandiver
First Assistant City Attorney
SOUTH PLAIN COMMUNITY ACTION
ASSOCIATION, INC. ---WIC PROGRAM
iam D. Powell
.utive Director