HomeMy WebLinkAboutResolution - 043 - VOID - 01/25/1979CITY OF LUBBOCK
MEMO
TO: File
FROM: Ranette Boyd, City Secretary
RE: Resolution No. 43
DATE: June 25, 1985
After in-depth searching by Kay Steiner of the Parks Department, Mary
Schneider of Internal Auditing, Sandy Ogletree of Community Development, and
this office, it is decided that the Council did not take appropriate action
to authorize this resolution a!:;
Ranette Boyd
City Secretary
LGB : hw - 3� �Q - / ,� f - �/ 1/25/7943
wr RESOLUTION
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r.<f 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 agree-
ment between Guadalupe -Parkway Neighborhood Center, Inc. and the City of
Lubbock, 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 day of ,1979.
DIRK WEST, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Vicki Foster, Community Development
Coordinator
APPROVED AS TO FORM:
Leon G. Bean, Asst. City Attorney
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79-38-6387 RESOLUTION #43
(27) -
Item said that this item would appear again on 2-22-79,
however, it does not seem to appear again.'
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See Minute Book. #38 for details.
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This was discovered by Johnnie and Jan while looking for any lost
or misplaced resolutions.
LGB : hw 1/25/79
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 agree-
�i ment between Guadalupe -Parkway Neighborhood Center, Inc. and the City of
�+ Lubbock, attached herewith which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and
It be a part of this'Resolution as if fully copied herein in detail. _j
Passed by the City Council this day of ,1979.
DIRK WEST, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Vicki Foster, Community Development
Coordinator
j APPROVED AS TO FORM:
Leon G. Bean, Asst. City Attorney
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W
LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
'This Agreement of Lease, made and entered into, this the .
day of A -.D., 1979, by and between.the
City of Li bock, Texas, a Home Rule Municipality duly incorporated
under the Constitution and laws of the State of Texas, hereinafter
referred to as Lessor, and Guadalupe -Parkway Neighborhood _Center,
Inc., a Texas not -for Rrofit corporation, hereinafter referred to
as Lessee, (the terms 'Lessor" and "Lessee" to be construed in the
singular or plural number according as they respectively represent
one or more than one person, partnership, corporation or other
organization);
WITNESSETH:
That Lessor does,by these presents Lease -and Demise unto
Lessee the following described property, lying and being situated
in the City of Lubbock, County of Lubbock, State of Texas, and
being more particularly described as follows: a building and
grounds appurtenant thereto located at 405 North Quirt Avenue,
less those leasehold rights previously conveyed by Lessor to third
parties for the use and enjoyment of the water well and casing
located thereon, for a term of one year beginning on the lst day
of January A.D., 1979, and ending on the 31st day of December,
A.D.,1934, to be occupied for the purpose of operating and maintaining
a neighborhood center (and said demised premises are to be used in
no other manner and for no other purposes whatsoever without the
prior written consent of Lessor), yielding and paying therefor the
sum of as
per attached Schedule A, payable upon execution of this lease upon
the following terms, conditions and covenants:
1st:-7Lessee shall pay the rent at the office of the Community
Development Coordinator for the City of Lubbock, Texas, yearly in
advance as aforesaid, as the same .shall fall due.
2nd: --Lessee shall, at its own cost and expense, throughout
the term of this lease, and so long as he shall remain in possession
of the demised premises, keep and maintain in good repair, all
portions of the building or buildings located upon the demised
premises, keep and maintain in good repair, all portions of the
building or buildings located upon the demised premises (except
the roof as hereinafter provided) including all fixtures, and
equipment, appurtenances, machinery therein which are wrought
into and become a part of the real estate, and all glass, including,
but not limited to, plate glass, window panes, etc.; furthermore,
Lessee shall keep the plumbing work, closets, pipes and.fixtures
belonging thereto in good repair, and keep the water pipes and
connections free from ice and all other obstructions, to the
satisfaction of the municipal, police and any other governmental
authority, during the term of this lease. Lessee shall not over-
load the carrying.capacity of the floors of the demised premises.
Likewise, it shall be the obligation of Lessee to keep and main-
tain in good repair, the sidewalks, driveways and curbs, if any,
adjoining the demised premises, orforming a part thereof. How-
ever, it is distinctly understood and agreed that the preceding
sentences do not require maintenance of said building or buildings
and fixtures, equipment, appurtenances and machinery in perfect
condition or a condition equal to new, but Lessee shall at all
times keep and maintain the same in such condition as to minimize,
so far as is practicable, by usual care and repairs, the effects
of use, decay, injury and destruction of said property, Lessor
recognizing that certain depreciation by reason of increasing age
and use is unavoidable. Lessee, so long as he shall remain in
possession of the demised premises, shall keep and maintain all
portions of the premises, the improvements thereon, the appurtenances,
machinery, equipment, and fixtures therein, in such condition as
to prevent any loss, damage or injury to the persons, property,
businesses, business or occupations of any other persons permitted
by Lessee to be in or about the leased premises, owners, occupants
and invitees of adjoining premises, and persons upon the adjacent
portions of the street in front and the alley in rear of the
demised premises. At the termination of this lease, Lessee shall
deliver up the demised premises in as good condition as at the
beginning of the term, natural deterioration, depreciation and
damage by fire and the elements only excepted.
3rd: --Lessee agrees to accept possession of the demised
premises in their present condition, and to allow for changes in
such condition which may occur by reasonable deterioration between
the date hereof, and the date that Lessee actually occupies said
premises.
4th: --All property of every kind which may be on said demised
premises during the term hereof, shall be at the sole risk of
Lessee or those claiming under him and the Lessor shall not be
liable to Lessee, or to any other person whatsoever, for any in-
jury, loss or damage to any person or property in or upon said
demised premises. Lessee hereby covenants and agrees to assume
all liability for or on account of any injury, loss or damage
above described, and to save Lessor harmless therefrom. Further-
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more, Lessor shall not be'liable to Lessee or to Lessee's patrons,
employees, licensees, permittees, or visitors, for -any damage to
person or property caused by the act or negligence of any other
tenant of said demised premises, or due to the building on said
premises or any appurtenances thereof being improperly constructed,
or being or becoming out of repair, nor for any damages from any
defects or want of repair of any part of the building of which the
demised premises -form a part, but Lessee accepts said premises as
wholly suitable for the purposes for which same are leased and
accepts the building and each and every appurtenance thereof and
waives defects therein, and further agrees to hold Lessor harmless
from all claims for any such damage. It is further especially
understood and agreed that Lessor shall not be liable for any
failure of water supply, gas supply, or electric current, or for
injury or damage which may be sustained to person or property by
Lessee or any other person, caused by or resulting form steam,
electricity, -gas, water, rain, ice or by snow or other liquid
which may leak or flow from or into any part of said building,
whether the said damage or injury shall be caused by or be due to
the negligence. of Lessor, Lessor's agent, servant, employee or
not, nor shall Lessor be liable for interference with light or
other incorporeal hereditaments, provided such interference is
caused by any other than the landlord, nor shall Lessor be
liable for such interference from operations by or for govern-
mental.agencies in construction of any public or quasi -public
work.
5th: --Lessee agrees that he promptly will execute and fulfill
all ordinances and regulations of the state, county, city and
other governmental agencies applicable to said demised premises,
and all ordinances imposed by the Board of Health, Sanitary and
Police Departments for. the correction, prevention and abatement of
nuisances in or upon or .connected with said demised premises
during the term of this lease, at Lessee's sole expense and cost.
6th: --Lessee shall not assign this Agreement, nor underlet
the whole or any part of the demised premises, or make any alter-
ation 'in or to the well without the consent of Lessor first ob-
tained in writing, and shall not occupy or permit or suffer the
same to be used in any manner deemed extrahazardous on account of
fire; and it shall be lawful for Lessor at all reasonable times
and hours to enter into and upon said demised premises to examine
the condition thereof.
7th: --Lessee shall not place, paint or otherwise affix any
signs at, on'or about the premises, or any part thereof, except as
and where first approved in -writing by Lessor; and Lessor shall
have the right to remove any sign or signs in order to paint the
building or premises or make any other repairs or alterations, but
nothing herein shall be construed to require or obligate -Lessor,
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at any time or in any manner, to paint the building or premises or
make any other repairs or alterations; Provided However, that it
is distinctly understood and agreed by.and between Lessor and -
Lessee that Lessor expressly reserves and retains unto Lessor the
surface of the roof of the demised premises for erection and
.maintenance thereon, by Lessor or by any organized advertising
agency authorized by Lessor, of sign or signs, advertising the
business or products of Lessor or of any other person, firm or
organization, save and except such products or person, firm or
organization as may be in active and direct competition with the
business and products of Lessee; and Lessor, at all reasonable
times and hours, shall have the right of ingress and egress to and
from said roof, for the purpose of erecting and maintaining such
sign or signs,.provided however, that the exercising of such
rights of ingress and egress by Lessor shall. not interfere materially
with the normal operations of Lessee's business.
8th: --In the, -*event of a breach or threatened breach by
Lessee of any of the agreements, conditions, covenants or terms
hereof., Lessor shall have the right of injunction to restrain the
same, and the right to invoke any remedy allowed by law or in
equity, as if specific remedies, indemnity or reimbursements were
not herein provided for. Furthermore, the rights and remedies
given to Lessor in this lease are distinct, separate and cumu-
lative rights and remedies and no one of them, whether or not
exercised by Lessor shall be deemed to be in exclusion of any of
the others.
9th: --The agreements,.conditions, covenants and terms herein
contained, shall in every case, apply to, be binding upon and
inure to the benefit of the respective parties hereto, their
heirs, executors, administrators, successors and assigns, with the
same force and effect, as if specifically mentioned in each instance
where a party hereto is named, provided, however, that no assign-
ment or under -letting by Lessee in violation of the provisions of
this lease, shall vest in any such assignee or under -tenant any
right or title in or.to the leasehold estate hereby created:
10th: --No assent, express or implied, by Lessor to any breach
of any of Lessee's covenants, agreements, conditions or terms
hereof, shall be deemed or taken to be a waiver of any succeeding
breach of any covenant, agreement, condition or term hereof.
11th: --Itis especially understood and agreed that air con-
ditioners, machinery, and fixtures and all personal property
placed on the demised premises by the Lessee may be removed by
Lessee at the termination of this lease, provided Lessee.shall not
then be in default of the performance of any of its agreements,
conditions, covenants or terms hereof, and provided further,.that
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the building shall be left by Lessee, substantially as well equipped
as it is -at the beginning of the term, and provided further,.that
no such property shall be removed by Lessee if such removal should
permanently injure, and provided further that the removal of any
such property shall be. effected within five.(5) days after the
expiration of the said term, and all damage caused to said pre-
mises by such removal shall be repaired by Lessee at his own cost
and expense
12th:--Lessee.shall not make alterations, additions -or,
improvements to the demised premises or the well thereon, without
the prior written consent of Lessor, and after such consent has
been given, unless otherwise agreed upon in writing, all alter-
ations, improvements and additions made by Lessee upon the demised
premises,.although at his own cost and expense, shall, at the
option 'of Lessor, remain upon the premises at the expiration of
this lease and become the property of Lessor in fee simple, without
other action or process of law.
13th: --In the event Lessee_ shall make default in the perfor-
mance of any of the agreements, condition, covenant or term herein
contained, Lessor, immediately, or at any time thereafter (no ob-
ligation, however, being imposed upon Lessor, to do so) may perform
thesamefor the account of Lessee, and any amount paid or any
expense or liability incurred by Lessor in the performance of the
same, shall be deemed to be additional rent payable by Lessee for
the demised premises, together with six percent (6%) interest
thereon from the date of payment by the Lessor to the date of
repayment and the same, at the option of.Lessor, may be added to
any fixed rent then due or thereafter falling due hereunder; and
Lessor shall have the right to enter the said demised premises for
the purpose of correcting or remedying said default and to remain
therein until the same shall have been corrected or remedied.
14th:--Lessor-shall have a statutory landlord's lien and in
addition, he hereby is given an express landlord's lien as security
for the fixed rent herein reserved, as well as any of the other
charges or expenses elsewhere hereinabove or hereinafter designated
as "additional rent" upon all of the goods, wares, chattels,
implements, fixtures, furniture, tools, machinery and other personal
property which Lessee now or at any time hereafter placed in or
upon the demised premises, all exemptions of said property or any
part of it, being hereby waived.
15th: --Lessee hereby especially covenants and agrees that
this lease shall be subject and subordinate to any mortgage or
mortgages now on the demised premises.
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16th: --Lessor hereby covenants and agrees that Lessee shall
and will, upon payment of all of the rents and all other siums of
money herein provided to be paid by Lessee, upon fully observing
and performing the covenants and agreements herein provided to be
observed and performed by Lessee, quietly and peaceably possess
and enjoy said above demised premises, unless said lease be sooner
terminated under and in accordance with any of the provisions
herein elsewhere -contained providing for such termination.
17th: --If any of the filed rent herein reserved or any of the
other charges or expenses hereinabove designated as "additional
rent", or any of the taxes, assessments, charges, or other sums of
money to be paid by Lessee shall not be paid as and when the same
become due and payable, or if Lessee shall default in the performance
of any of the other agreements, conditions, covenants or terms
herein contained, or if Lessee shall abandon the demised premises
for a period of five days or more, or if a petition or answer for
reorganization of Lessee or the then owner of Lessee's interest
hereunder, shall be approved by any court or.j udge thereof, or if
Lessee, or the then owner of Lessee's interest hereunder, shall be
adjudicated insolvent or bankrupt,.or if Lessee., or the then owner
of Lessee's interest hereunder shall make a general assignment for
the benefit -of creditors., .or -shall take any benefit under any
insolvency or bankruptcy act, or have a receiver or trustee or
other fiduciary appointed for its property, or if Lessee's leasehold
interest shall be taken on execution or other process of law, or
if this lease, or the estate of Lessee hereunder, shall be trans-
ferred or pass to or devolve upon any other person, firm, association
or corporation, except in the manner provided hereunder, then and
in any of said events, Lessor, or those claiming under him, may,
immediately, or at any time thereafter, have the right to term-
inate and end this lease, and .the term hereby granted, as well as
all of the right, title and interest of Lessee hereunder, by
giving Lessee ten(10) days notice in writing; and it is agreed
that upon the expiration of the term fixed in such notice, if the
said non-payment, default of other cause of termination specified
in such notice shall not have been made good or removed, this
lease and the term hereby granted and created, as well as all of
the right, title and interest of Lessee hereunder, shall, at the
option of Lessor, or those claiming under him, wholly cease and
expire, in the same manner and with the same force and effect as
if the expiration of time in such notice were the end of the term
herein originally demised; and Lessor, or those claiming under
him, may immediately, or at any time thereafter, and without
further notice or demand, enter into and upon the same premises or
any part thereof,'in the name of the whole, and repossess the same
as of his first and former estate, and expel the Lessee and those
claiming under him, and remove its or their effects (forcibly, if
necessary) without being taken or deemed guilty of any manner of
trespass, and without prejudice to any remedies which might otherwise
be used for arrears of rent or preceding breach of covenant, and
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that upon entry as aforesaid, said lease shall be determined; and
Lessee agrees that, notwithstanding the termination of this lease
and possession regained by Lessor, he will indemnify Lessor
against all loss of rent which may accrue to him, by reason bf
such termination, during the remainder -of the term aforesaid.
In the event Lessor -does not exercise the rights hereinabove
given him, he may accept -rent from the receiver, trustee or'other
officer in possession thereof for the term of such occupancy
without impairing or affecting in any way the rights of Lessor
against Lessee hereunder. Any neglect or failure to enforce the
right of forfeiture of this lease or re-entry upon breach of any
of the conditions, covenants, terms and agreements herein con-
tained, shall not -be deemed a waiver of such right upon any sub-
sequent breach of any such or any other condition, covenant, term
and/or agreement herein contained.
18th: --It is especially understood and agreed by and between
Lessor and Lessee that in the event the demised premises are
condemned for public use by any governmental agency, county, State
or Federal this Lease shall cease and terminate and be of no
further effect, and Lessee shall have no claim or demand of any
kind or character in and to any award made to Lessor by reason of
such condemnation.
19th: --It is expressly understood and agreed by and between
Lessor and Lessee that in the event that Lessor herein shall not
-be the owner of the premises herein demised', but shall hold a
lease of the property of which the demised premises are a part,
then the resulting sub -Lease is and shall remain subject to.all of
the terms and conditions of such existing lease to Lessor, so far
as they may be applicable to the premises herein demised.
20th: --At all times during the term of this lease, Lessor
shall have the right, by himself, his agents and employees, to
enter into and upon the demised premises during reasonable bus-
iness'hours•for the purpose of examining and inspecting the same
and determining whether Lessee shall have complied with all of its
obligations hereunder in respect to the cart and maintenance of
the premises, the repair and rebuilding of the improvements
thereon when necessary and all other terms and conditions hereof.
21st: --Lessee especially covenants and agrees to pay and
discharge all reasonable costs, attorneys' 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 pay-
able to Lessor in Lubbock, Lubbock County, Texas.
22nd:--Lessee'shall have no power to do any act or to make
any contract that may create or'be the foundation for any lien
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upon the present or other estate of the leasehold and demised
premises, or upon any of the buildings or improvements thereon,
except as herein elsewhere specifically provided; and'should any
such lien'be created or filed, Lessee, at -his own cost and ex-
pense, shall liquidate and discharge the same in full within ten
(10) days next after the filing thereof, and should Lessee fail to
.discharge the same, that shall constitute a breach of Lessee's
covenant herein.
23rd: --Lessee agrees that in taking this lease, he is governed
by his own inspection of the premises and his .own judgment of
their desirability for its purposes, and has not been governed or
influenced by any representation of Lessor as to the condition and
character of the building upon the premises, that no agreements,
stipulations, reservations, exceptions, or conditions whatsoever
have been made or entered into in regard to said premises or this
lease, which will in any way vary, contradict or impair the validity
of this leas -e or of any of its terms and conditions, and that no
modificationof this lease shall be binding unless it be in writing
and executed and acknowledged in due form for recording by all of
the parties hereto. Furthermore, Lessee takes this lease and the
demised premises subject to all recorded easements and restrictions
affecting the occupation and use thereof, and subject to all
-statutes, ordinances and regulations of competent governmental
authority affecting the occupancy and use thereof, the construction
and maintenance of improvements thereon, and the businesses and
occupations to be engaged in by Lessee, in force now and subsequently
during the term of this lease.
24th: --Any word, group of words, phrase, sentence, paragraph
or provision herein prohibited by law, or decision by a court of
final jurisdiction shall be ineffective to the extent of such
prohibition without invalidating the remaining provisions hereof.
25th: --Whenever any payment.is to be made under this lease,
at or within a time stated, and whenever any act is to be done
under this lease, by either party, at, or within a stated time,
time shall be of the.essence of this agreement. .
26th: --Any notice from Lessor to Lessee relating to the
demised premises, or to the occupancy thereof, shall be duly
served if addressed to Lessee by United States Certified Mail,
Return -Receipt Requested, to Executive Director, United Way Agency
of Lubbock. Any notice from Lessee to Lessor, shall be sent by
United States Certified Mail, -Return Receipt Requested, to the
City Secretary.
27th: --It is distinctly understood and agreed by and between
the Lessor and the Lessee that any holding over by Lessee of the
herein demised premises after the expiration of this Lease shall
10
operate and.be construed only as a tenancy from month.to month,,
terminable at the will of Lessor, at a monthly rental of
28th: --It shall be lawful for Lessor, or his agents, at any
time within sixty days before the expiration of the term of this
lease, to enter upon the demised premises and to affix upon any
suitable part thereof a notice or notices for the leasing of same,
and the Lessee agrees not to remove any such notice or notices or
permit any of his employees, licensees.or permittees to remove the
same.
29th: --Provided Lessee has not defaulted in any of the terms
conditions and provisions hereof, Lessee shall have the privilege
of renewing and extending the term hereof for a period of one
year, beginning on the 1st day of January A.D., 1985, and ter-
minating on the 31st day of -December, A.D., 1985, upon the same
terms, conditions, and provisions hereof, save and except for the
consideration which shall be subject to negotiation; Provided,
However, that in order to exercise this option, Lessee shall and
must give Lessor written notice by United States Certified Mail,
Return Receipt Requested, of his intention to exercise said
option no later than the 1st day of November, A.D., 1984.
In Testimony Whereof, the.Parties to this Agreement have
hereunto set their hands -to duplicate originals, the day and year
first above -written, after having first noted and approved all
erasures, interlineations, insertions, strike -outs and strike -
overs.
WITNESS our signatures hereto and in execution thereof, this
day of 1979.
GUADALUPE-PARKWAY NEIGHBORHOOD
CENTER, INC.
By:
J. Q. Warnic
CITY OF LUBBOCK
By:
Mayor
AP ROVED AS TO CONTENT:
Vic i Foster
Community Development Coordinator
APPROVED AS TO.FORM:
Leon G. Bean, Asst. City Attorney