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HomeMy WebLinkAboutResolution - 824 - Lease Agreement - WPS Inc - 2017 7Th Street - 06_18_1981SMH:pc - RESOLUTION #824 - 6/18/8 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 agreemen between the City of Lubbock and Women's Protective Services, Inc., which is attached herewith 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 18th day of June ,1981. BILL McALISTER, MAYOR ATTEST. jyf Evelyn_G fg City ry-Treasurer APP VVEDD AS TO CONTENT: l V , Vicki Covey, C ommunn Development Coordinator APPR VED AS TO FO /M. Susan M. Horton, Assistant City Attorney RESOLUTION #824 - 6/ 18/81 ,UN 1a 1ast LEASE AGREEMENT BETWEEN THE CITY OF LUBBOCK AND WOMEN'S PROTECTIVE SERVICES, INC. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This agreement entered into this day between the City of Lubbock, a home rule municipal corporation as Lessor and the Women's Protective Services, Inc. as Lessee. WITNESSETH: WHEREAS, the City of Lubbock and the Women's Protective Services, Inc. heretofore entered into a funding agreement covering the providing of an emergency shelter for victims of domestic violence within the City of Lubbock as agreed to by the parties the facilities for such services has been funded by a grant from the Department of Housing and Urban Development; and WHEREAS, the services offered by Lessee are a valuable public service, the parties do hereby enter into an agreement whereby the City of Lubbock leases to the Women's Protective Services, Inc. such facilities for the providing of said services as agreed upon herein: I. The Lessor acting by and through its duly authorized officers does hereby lease unto the Lessee, the premises situated at 2017 7th Street. Such lease is granted upon the terms and conditions which follow. TI. 1. The term of this lease shall be for a period of ten (10) years from the date of execution of this agreement. 2. This lease may be extended beyond the primary term from year to year upon mutual agreement of the parties hereto. 3. In consideration of the execution of this lease the Lessee agrees to pay to Lessor the sum of $2,900.00 dollars per year for the term of this agreement less the value of contributions by the Lessee as describe in Schedule A, attached and other valuable consideration to -wit: providing emergency shelter and services to victims of domestic violence for the citizens of Lubbock; maintaining, upkeeping and insuring said property. Payment for the first year to be made upon execution of this agreement and a like payment to be paid each year thereafter. Payment should be made to the Community Development Coordinator. 4. This lease is granted for the purpose of an emergency shelter for victims of domestic violence. This lease will be terminated upon the property being used for other purposes.Lessee shall report annually to the Community Development Office proof that property is being used for stated purposes, in a manner to be determined by Community Development Office. 5. The Lessee agrees that it will adequately insure and pay the premiums on policies of insurance against fire, hail, windstorm, explosion and other hazards on said improvements with loss payable to the Lessor. In this event the Lessee will make all necessary repairs and replacements to the improvements on such leased premises except structural repairs which shall be made by the Lessor. Lessee will carry and maintain Public Liability insurance in companies licensed to do business in the State of Texas for the protection of the City of Lubbock and naming it as an additional insured insuring against all claims, losses, costs or expense arising out of injuries to persons whether or not employed by the Lessee, damage to property whether resulting from acts or omissions, negligence or otherwise of the Lessee or any of its agents, employees, patrons or other persons, and growing out of the use of the said premises by Lessee, such policies to provide for a liability limit on account of each accident resulting in a bodily injury or death to one person of not less than Five Hundred Thousand Dollars ($500,000.00) and a liability limit of not less than One Hundred Thousand Dollars ($100,000.00) for each accident for property damage. Lessee shall furnish evidence to the City of Lubbock of continuance in force of said policies and said policies shall be so worded as to insure ten (10) days notice of cancellation or any modification of such policy to the City of Lubbock. Said policies shall be subject to the approval of the City of Lubbock. 6. The Lessee at its own cost and expense agrees to take good care of said property and fixtures, keeping and maintaining it in good repair during the term of this lease and shall suffer no waste and make no improvements in and to the demised premises without the consent of the Lessor in writing. Such improvements to become the property of the Lessor. Lessee shall be responsible for maintenance of the landscaping on said property. 7. The Lessee shall comply with all ordinances of the City of Lubbock and laws of the State of Texas applicable to said premises and all orders and requirements imposed by the departments of Health, Zoning and Environmental Control, Sanitation, Police and Fire of the City, County and State. The Lessor may terminate this lease in the event there are continued public disturbances or a determination by the Lessor that the operation of the Emergency Shelter has become a threat to public health and safety. 8. The Lessee shall not assign or sublet the premises or any part thereof without the consent of the Lessor in writing or to permit any other person or organization to occupy any premises other than the Lessee. 9. In the event the leased premises shall be destroyed by fire, wind- storm or the act of God or a public enemy or shall be so damaged by any of such causes as to be unfit for occupancy the Lessee shall forthwith give notice to the Lessor and the rent payable hereunder shall abate for the period of time beginning on the date such premises are unfit for occupancy and ending when said premises have been restored to habitable condition provided, however, that should only a portion of the premises be rendered unfit for occupancy, the abatement of rent shall be proportionate on the basis of the proportion of the number of square feet rendered unfit for use to the total number of square feet in the premises above described; provided further that the Lessor may, at its election, in the event of substantial damage or destruction terminate this lease without repairing or replacing the improvements so damaged or destroyed in which event the Lessee shall not be under any liability for the payment of rental for any period of time subsequent to the date upon which such damage or destruction occured and the rent shall be prorated for the particular year in which the destruction occured. 10. The Lessor shall not be liable to the Lessee or to the Lessee's employees, patrons or visitors for any damage by reason of the construction of said building and the Lessee accepts such premises as suitable for the purposes for which the same are leased and agrees to hold the Lessor harmless from all claims for any damage, to any person or property in or upon said property. 11. In the event the Lessor desires to terminate this agreement at the end of the primary term or any extension thereof, notice shall be given by the Lessor to the Lessee at its place of business in writing stating that the lease is to be terminated 30 days from the date of such notice. Lessee shall within such time, remove its property from the leased premises. 12. Utilities and all costs incurred in the operation of said services are the sole responsibility of the Lessee. 13. Lessee especially covenants and agrees to pay and discharge all reasonable costs, attorney's fees, and expenses that may be incurred by Lessor in enforcing the covenants, agreements, conditions and terms hereof, and all of the same shall be payable to Lessor. Lessor may terminate lease upon the breach of conditions contained in the lease by giving sixty (60) days written notice to the Lessee. EXECUTED this 18th day of June , 1981. CITY OF BAL McALISTtR, MAYOR A ST: elyn Gaf ga,- ity S c to -Treasurer APT OVED AS TO CONTENT: 1/ lC�e-� Vicki Covey, Commuryiky Development Coordinator l APPR VED AS TO FO ��JJ �. Iow Susan M. Horton, Assistant City Attorney WOMEN'S PROTECTIVE SERVICES, INC. - R // P es dent, A T: cretary, SCHEDULE A COMPUTATION OF THE RENT VALUE FOR THE EMERGENCY SHELTER FOR BATTERED PERSONS Annual Rent Value $2,900.00 Total Community Development Investment - $72,500.00 25 years Less: Contributions by Women's Protective Services Inc. $3,423.00 Electrical Fixtures - $1,500.00 Plumbing Fixtures - $ 600.00 Material and Installation of Fence - $1,323.00 Computation of Rent to be paid from June 18, 1981 to June 17, 1982 -0- Balance of Contributions to be applied to 1982-83 Rent $ 523.00