HomeMy WebLinkAboutResolution - 616 - Lease Agreement - LCHD - Emergency Services Building, 30Th & Texas Ave - 09/25/1980ALA: pc
RESOLUTION
RESOLUTION #616 - 9/25/80
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
with the Lubbock County Hospital District for lease of a building on 30th
and Texas.Avenue 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 25th day of September ,1980.
B LL MCALISTER, MAYOR
ATTEST:
Evelyn,Gaf ga, City. a y -Treasurer
CONTENT:
Westonj, Director Community Facilities
APPROVED AS TO FORM:
Angela
, Assistant City Attorney
RESOLUTION #616 - 9/25/80
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this 25th day of September , 1980
between the City of lubbock, acting by and through its duly authorized City
representative (hereinafter referred to as "Lessor") and the Lubbock County
Hospital District (hereinafter referred to as "Lessee").
WITNESSETH
WHEREAS, Lessor owns property at 30th and Texas Avenue and improvements
thereon, and
WHEREAS, Lessee is desirous of leasing a portion of said property for
purposes of operating Emergency Medical Services out of the same,
NOW THEREFORE:
I.
For and in consideration of the terms, conditions, and covenants of this
lease to be performed by Lessee, all of which Lessee accepts, Lessor does
hereby demise and lease unto Lessee certain property (hereinafter called
"leased premises") and certain attendant privileges, uses and rights, -as
hereinafter specifically set out.
A. The property which is the subject of this Lease Agreement is 26% of
a building and surrounding grounds located at Lots 3, 4, and 5,
Block 2, Texas Avenue Addition in the City of Lubbock. The specific
leased area is set forth in Exhibit "A" and "A-1" attached hereto
and by this reference made a part hereof.
B. Lessee may engage in the operation of Emergency Medical Services and
all attendant activities thereto on the Leased Premises.
II.
The original term of this Lease Agreement shall be for a period of four
years commencing upon January 1, 1981; provided, however, that any modifications
or preparations necessary for occupation of the Leased Premises by the Lessee
may commence upon execution of this Agreement.
III.
In consideration of the rights and privileges herein granted, Lessee
shall pay to the Lessor an annual rent of One Hundred Ninety -Nine and no/100
Dollars ($199.00), payable quarterly on January 1st, April 1st, July 1st and
October 1st of each year of the lease term with the first payment of Forty -Nine
and 75/100 Dollars ($49.75) being due January 1, 1981.
The parties hereto mutually agree that the rental rate will be adjusted
upward or downward for each year beginning January 1, 1982, in direct pro-
portion to the fluctuation in the U.S. Department of Labor, Bureau of Labor
Statistics Cost of Living Index. For the purposes of computing all adjustments,
the Bureau of Labor Statistics Cost of Living Index as of January 1, 1980,
shall be construed as the base period.
IV.
Lessee does hereby covenant and agree to perform the following:
A., Pay Lessor a fixed utility fee of Nine Hundred Thirty -Six and no/100
Dollars ($936.00) annually for the first two years of the lease
term. After the initial two years, the utility fee will be re-
assessed at 26% of the current utility rates at the time of such re-
assessment. Written notice of the re -assessed utility fee shall be
given to the Lessee six months prior to January 1st of the year in
which the re -assessed utility fee will become effective. The
utility fee shall be payable quarter on January 1st, April 1st, July
1st and October 1st of each year of the lease term with the first
payment of Two Hundred Thirty -Four and no/100 Dollars ($234.00)
being due January 1, 1981.
B. Complete all necessary re -modeling and modifications of the leased
premises, including but not limited to: installation of partitions,
doors, door jams, and locks. Such re -modeling will be at Lessee's
expense and shall be performed in a good workmanlike manner to the
Lessor's satisfaction. Lessee must obtain Lessor's consent to any
proposed structural changes prior to the execution of the same.
At the expiration of the lease term, Lessee shall have a period of
sixty (60) days to restore the building to its original condition,
including but not limited to: removing all partitions, doors and
door jams. Should the Lessee not complete such restoration within
the prescribed time period, Lessor may complete such restoration and
assess the cost to the Lessee.
C. Fully insure _the _leased._.premises, naming Lessor as an insured party
against all occurrences, including but not limited to vandalism,
acts of God, accidents and Lessee's negligence, in an amount of not
less than One Hundred Thousand Dollars ($100,000.00).
D. Maintain the building and surrounding grounds in a good condition,
to the Lessor's satisfaction.
E. Provide for at least one employee or other person to remain on the
leased premises at all times.
F. Furnish to the City of Lubbock satisfactory evidence that it carries
Workmen's Compensation Insurance in accordance with the laws of the
State of Texas.
V.
Lessee agrees to indemnify, defend and forever save the Lessor, its
authorized agents, representatives, and employees harmless from and against
any and all penalties, liabilities, annoyances, or losses resulting from
claims or court action of any nature arising directly or indirectly out of any
acts or omissions of the Lessee, its agents, servants, guests, employees, or
business visitors.
VI.
Lessee shall not at any time assign, transfer, pledge or sublease all or
any part of the leased premises hereunder without the specific written consent
of Lessor.
VII.
This lease may be terminated by (1) the expiration of the term stated
hereinabove, (2) upon violation of any of the covenants or conditions of this
Lease, (3) by mutual agreement of the parties, or (4) unilaterally by either
party upon ninety (90) days written -notice to the other party.
LUBBOCK COUNTY HOSPITAL DISTRICT
ATTEST:
BY:
Title:
CITY OF LUBBO
BY: ✓
BILL McALISTER, MAYOR
ATTEST:
velyn Gaf ga, City 5111V
ry-Treasurer
RO D AS X6 CONJENT-y APPROVED AS TO FORM:
J Weston, Director of Community Angela 19dams, Asst. City Attorney
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