HomeMy WebLinkAboutResolution - 2024-R0334 - Mutual Termination Of Lease Agmt, Dolgencorp Of Texas, 2015 50Th St-Unit B - 07/23/2024Resolution No. 2024-R0334
Item No. 6.18
July 23, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, a Mutual Termination of Lease Agreement, by and
between the City of Lubbock and the Dolgencorp of Texas, Inc., and related documents. Said
termination agreement is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council on July 23, 2024
ARK W. MC RAYER, MA OR
M
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
July 12, 2024 J
Resolution No. 2024-R0334
MUTUAL TERMINATION OF LEASE
Re: Dollar General Store #07768
Lubbock, TX
THIS TERMINATION OF LEASE (the "Termination") is entered into this 13th day
of August , 2024, made by and between City of Lubbock., (hereinafter called
"Landlord"), and Dolgencorp of Texas, Inc., a Kentucky corporation, (hereinafter called "Tenant").
WITNESSETH:
WHEREAS, by written Lease dated October 10, 2019 (the lease and any other
amendments and/or modifications thereto hereinafter referred to as, the "Lease"), Landlord
demised to Tenant the premises located at 2015 501h Street, Suite B, City of Lubbock, County of
Lubbock and State of Texas (the "Demised Premises"); and
Lease.
WHEREAS, Landlord and Tenant desire to evidence their agreement to terminate the
WHEREAS, early termination of the Lease represents a benefit to the City.
NOW, THEREFORE, for and in consideration of the sum of One and 00/100 Dollar
($1.00) and other good and valuable consideration, paid by each of Landlord and Tenant to the
other, the receipt, adequacy and sufficiency of which are hereby acknowledged by Landlord and
Tenant, the parties hereto agree as follows:
Termination of Lease. Effective two weeks after Tenant relocates and opens for business
in its new location, but in no case later than February 1, 2025 (the "Termination Date"),
the Lease shall be fully and finally surrendered and terminated. Tenant shall vacate the
Demised Premises as of the Termination Date, free and clear of all personal property of
Tenant, and shall terminate utilities in Tenant's name on or prior to such date.
2. Rent. In consideration of Tenant vacating and surrendering the Demised Premises as of
the Termination Date, Landlord agrees that Tenant shall not be obligated to pay base rent,
CAM Contribution, or other lease payments as stated in the Lease for the sixty (60) day
period immediately prior to the Termination Date.
3. Release of Liability. Landlord has agreed to release and does hereby, for himself/itself,
his/its heirs, executors, administrators, successors and assigns, release and discharge
Tenant of and from all agreements, covenants and obligations of whatever nature now
existing or that may hereafter arise under the Lease or otherwise relating to or arising out
of Tenant's tenancy under the Lease. Such release includes all obligations to pay rent or
other sums now or hereafter accruing under the Lease. Landlord, for himself/itself, his/its
heirs, executors, administrators, successors and assigns, has agreed to and does, to the
extent permitted by Texas law, hereby indemnify Tenant and hold Tenant harmless from
and against all claims, demands, actions or causes of action derived from any cause
whatsoever under the Lease.
4. Release of Liability — Tenant. Tenant has agreed to release and does hereby, for
himself/itself, his/its heirs, executors, administrators, successors and assigns, release and
discharge Landlord of and from all agreements, covenants and obligations of whatever
nature now existing or that may hereafter arise under the Lease or otherwise relating to or
arising out of Landlord's lease of the Demised Premises under the Lease. Tenant, for
himself/itself, his/its heirs, executors, administrators, successors and assigns, has agreed to
and does, to the extent permitted by Texas law, hereby indemnify Landlord and hold
Landlord harmless from and against all claims, demands, actions or causes of action
derived from any cause whatsoever under the Lease.
5. Mutual Representations. Each of Landlord and Tenant represent to the other that it has
full right and authority to enter into this Termination and that it does not conflict with any
other agreement to which such party is bound.
6. Counterparts and Electronic Signature. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original and all such counterparts taken
together shall be deemed to constitute one and the same instrument. This Agreement may be
executed and delivered electronically with such signatures being deemed original signatures for
purposes of enforcement and construction of this Agreement.
7. Miscellaneous. In the event of any conflict between the Lease and this Termination, this
Termination shall control. There are no other agreements between Landlord and Tenant
with respect to the matters covered by this Termination and all such prior discussions and
agreements are superseded hereby. This Termination may be amended only by an
instrument in writing signed by Landlord and Tenant. This Termination shall be governed
by the laws of the state which govern the Lease (as so stated in the Lease).
8. All capitalized terms in this Termination shall have the meaning assigned to them in the
Lease, unless expressly modified herein.
(SIGNATURE PAGE TO FOLLOW)
IN WITNESS WHEREOF, this Termination is executed in plicat this 9th day of
August , 2024 (as to Landlord), and this J' " day of , 2024 (as to
Tenant).
Witnesses for Lan or :
ness I v
Courtney Paz, City Secretary
Print Name
Witness 2
Print Name
Witnesses for Tenant:
Witness I
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Print Name
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Witness 2
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Print Name
LANDLORD: CITY OF LUBBOCK
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NAME: Mark W. McBraver
Its: Mavor
TENANT: DOLGENCORP OF TEXAS, INC.
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BY: ,
Me E4 L. Fleisse
Vice President, Lease Administration