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HomeMy WebLinkAboutResolution - 318 - Lease Agreement - Presbyterian Center - Posey Community Center, South Wing - 10/25/1979RESOLUTION #318 - 10/25/79 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 between the City of Lubbock and the Presbyterian Center for the lease of the South Wing of the Posey Community Center, located at 1602 Vanda Avenue, 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 25Lh day of October ,1979. wl>eo I I I )n 0 Al DIRK WEST, MAYOR ATTEST: �E� lyn Ga ga,` City c y -Treasurer 'APPROVED AS --TO FORM: -- .`7 "fir' Donald G. Vandiver, First Asst. City Attorney RESOLUTION #318 - 10/25/79 LEASE AGREEMENT 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 Presbyterian Center, as Lessee, hereinafter called "Center". WITNESSETH: I. The City does hereby lease to the Center the South Wing of the Posey Community Center, a building located at 1602 Vanda Avenue, and which also is known as the Posey Clinic. II. The term of this lease shall be for six months commencing October 25, 1979, and ending April 25, 1989'. III. The Center shall pay to the City as rental for such premises the sum of ONE HUNDRED SEVENTY DOLLARS ($170.00) per month with the payment for the first month due on or before October 25, 1979, and a like sum being due upon the same day of each month thereafter during the term of this lease. IV. The Center does hereby agree to perform the following duties: 1. Pay all utility charges accrued for the building during the term of this lease on or before their due dates and maintain utility service with Lubbock Power and Light. 2. Make no structural changes or remodeling of the building without first obtaining the consent of the City Manager of the City of Lubbock or his designated agent. 3. Pay for all structural changes or remodeling which may be approved. 4. Maintain the South Wing in a condition acceptable to the City Manager of the City of Lubbock and consistent with its condition upon the commencement of this lease. 5. Make no unlawful, improper or offensive use of the building. 6. Make no subleases or assignments of the South Wing or any part of it to another. 0 7. Hold the City of Lubbock harmless from any or all claims for damages arising from the use of the premises by the Center, its agents or employees, or any member of the public. W The City hereby agrees to allow the Center to use the North Wing of the building or such portions of it as the Center may desire subject to the prior approval of such use by the City Manager of the City of Lubbock or his desig- nated representative. Such use by the Center shall not be allowed to conflict with use of the North Wing by the City or by the State Department of Health Region Two Family Planning Clinic. VI. This lease may be terminated by (1) the expiration of the term stated here- inabove, (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 Director of the Presbyterian Center. Executed this 25th day of October, 1979. ;PRESBYTERIAN CENTER:CITY OF LUBBOCK: Z4 -._Bireetor ST, PYORW ATTEST: ATTEST: retary Evelyn Gaf a, ity-Se r ar Treasurer APPROVED AS TO CONTENT: , Fe:7100 Denzel PLvrcifull, Ir rector Public Services APPROVED AS TO FORM: a Donald G. Vandiver First Asst. City Attorney