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Home My WebLink AboutResolution - 2019-R0382 - Parking Lease Agreement With Elife Church Dba Experience Life Church - 10/22/2019 Resolution No. 2019-RO382 Item No. 6.13 October 22,2019 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 Parking Lease Agreement for parking by and between the City of Lubbock and eLife Church, Inc., d/b/a Experience Life Church, and related documents. Said Parking Lease 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 October 22, 2019 DANIEL M. POPE, MAYOR ATTEST: Rebe a Garza, City Secret• ry APPROVED AS TO CONTENT: &r- APPROVED AS TO FORM: Ryan,6 , Assistant City Attorney RES.Agreement—eLife Church—Parking Lease 10.3.19 Resolution No. 2019-RO382 PARKING LEASE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Parking Lease Agreement (the "Lease") is entered into as of the day set forth below, by and between the eLife Church, Inc., d/b/a EXPERIENCE LIFE CHURCH (the "LESSOR"), and CITY OF LUBBOCK, (the LESSEE"), who in consideration of the mutual agreements contained herein, does hereby contract and agree as follows: LEASE Section 1. The LESSOR, subject to the terms and provisions herein, hereby leases unto the LESSEE for a term of two (2) years, beginning 91 1 2A t , and ending v 3 j , (the "Term") subject to earlier termination as provided in this Lease, ninety (90) parki g spaces of the following described tract of land (tile "Leased Premises"): BLOCK 161.,LOTS 11 THRU 20,ORIGINAL TOWN OF LUBBOCIC,LUBBOCK COUNTY,TEXAS. Section 2. The LESSEE shall have the option to extend the Lease for one additional one- year term. LESSEE shall provide LESSOR written notice thirty (30) days prior to the termination of the initial term if LESSEE intends to exercise the additional one-year term. Section 3. The LESSEE shall pay as a cost for the lease of the Leased Premises the sum of One Thousand Five Hundred and Five Dollars ($1,575.00) in advance on the first (15Y) day of each month during the Term (the "Rent"), in a form acceptable to LESSOR to EXPERIENCE LIFE CHURCH, P.O. Box 54208, Lubbock, TX 79453, Attention: John Bradshaw; with the first such payment being due upon the execution of this Lease. Section 4. Any Rent unpaid after the first (151) day of each month during the Term is delinquent and will constitute a default of the Lease by the LESSEE if not paid according to the requirements of this Section. If all Rent is not paid on or before the fifth (5) day of the month of default, the LESSEE shall pay the lesser of: (i) an initial late charge of twenty-five dollars ($25.00) plus a late fee of one dollar ($1.00)per day thereafter until all delinquent Rent and late charges are paid in full; or, (ii) the maximum charge for the payment of delinquent Rent allowed by applicable Federal, State, or local statute, regulation, rule, order, or ordinance. Daily late charges shall not exceed twenty-five dollars ($25.00) for any Rent. Section S. The Leased Premises shall be used exclusively by the LESSEE as a parking lot for vehicles used by the LESSEE or the LESSEE's customers, guests, licensees, or invitees all hours Sunday through Saturday. The LESSEE will restrict the use of the Leased Premises for such purpose, and will not use, or permit the use of, the Lease Premises for any other purpose without first obtaining the written consent of the LESSOR. LESSEE shall not restrict LESSOR City of Lubbock Parking Lease Agreement—ELIFE Church Page 1 or the LESSOR's customers, guests, licensees, or invitees from access and use of Leased Premises on Saturday and Sunday. LESSOR shall provide written notice to LESSEE ten (10) days prior to any use or necessity to access the Leased Premises at any time other than Saturday or Sunday. Section 6. The LESSEE will not commit,or allow to be committed,any waste on the Leased Premises, create or allow any nuisance to exist on the Leased Premises, or use or allow the Leased Premises to be used for any unlawful purpose. Section 7. The LESSOR represents that the Leased Premises are in fit condition for the use as described in Section 6. The LESSEE agrees to accept the Leased Premises on possession as being in good state of repair and suitable for such use and purposes. The LESSEE agrees to surrender the Leased Premises to the LESSOR at the end of the Term in the same condition as when the LESSEE took possession,allowing for reasonable use and wear. Section 8. Partial destruction of the Leased Premises shall not terminate this Lease, nor shall it render this Lease void or voidable, except as provided in this Lease. Nevertheless,the LESSEE may terminate this Lease upon five (5)days written notice in the event of partial destruction. Section 9. TO THE EXTENT ALLOWED BY LAW,THE LESSOR HEREBY HOLDS THE LESSEE HARMLESS, AND INDEMNIFIES THE LESSEE, FROM AND AGAINST ANY AND ALL PAYMENTS, EXPENSES, COSTS, ATTORNEY'S FEES, AND ALL CLAIMS, LIABILITIES, LOSSES, OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSSES OR DAMAGES TO PROPERTY OR INJURIES TO PERSONS, OF ANY KIND OR TYPE, CAUSED WHOLLY OR IN PART BY, RESULTING FROM, OR RELATED IN ANY WAY TO THE NEGLIGENCE OF THE LESSEE, OR ANY ACT OR OMISSIONS BY THE LESSEE OR THE LESSEE'S CUSTOMERS, GUESTS, LICENSEES, OR INVITEES, UNDER THE TERMS OF THIS LEASE OR FOR ANY CAUSE WHATSOEVER ARISING OUT OF,RELATED TO,OR BY REASON OF THE USE OR OCCUPATION OF THE LEASED PREMISES BY THE LESSEE OR THE LESSEE'S CUSTOMERS,GUESTS,LICENSEES,OR INVITEES. Section 10. No improvements of any kind or type are to be placed on the Leased Premises by the LESSEE. If any such improvements are placed on the Leased Premises, they shall be removed by the LESSEE immediately upon the request of the LESSOR at the sole expense of the LESSEE. LESSEE shall provide parking space striping as necessary. The City Manager of the City of Lubbock, or his designee, shall determine the necessity of parking space striping. LESSEE shall be responsible for maintaining or removing vegetation from the Leased Premises. Section 11. If the LESSEE fails to comply with any conditions and covenants of this Lease, the LESSOR may perform the requirements of this Lease, with the cost and expense of such performance to be charged to the LESSEE in the LESSEE's next installment of the Rent. Section 12. This Lease cannot be assigned in whole or in part by the LESSEE except upon the express written permission of such assignment by the LESSOR, with such consent to be at the sole discretion of the LESSOR. City of Lubbock Parking Lease Agreement—ELIFE Church Page 2 Section 13. The LESSEE's rights to utilize the Leased Premises granted hereunder shall be deemed subordinate to the rights of LESSOR. Should the use of the Leased Premises become necessary for any purpose of LESSOR, the LESSOR's use will supersede any use of the Leased Premises granted to the LESSEE under this Lease. If any use of the Leased Property by the LESSEE should be superseded by the LESSOR, the LESSEE will be pro-rated any Rent prepaid at the time of such use. The LESSOR shall make every effort to provide written notice to the LESSEE for any anticipated use of the Leased Premises by the LESSOR that might conflict with the LESSEE's use of the Leased Premises granted under this License. Section 14. The LESSEE and LESSOR reserve the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the LESSEE and LESSOR shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. EXECUTED on this day of nrrnbor ,2019. CITY OF LUBBOCK EXPERIENCE LITE CHURCH DANIEL M. POPE, Mayor Na e (Signature) 1Z I s Z%A�--J Name (Printed) ATTEST: Rebe a Garza, City Secr tar City of Lubbock Parking Lease Agreement—ELIFE Church Page 3 APPROVED AS TO CONTENT: Mark Ye rwood, sistan I y Manager APPROVED AS TO FORM: A', Ry B oke, Assistant City Attorney City of Lubbock Parking Lease Agreement—ELI FE Church Page 4