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Home My WebLink AboutResolution - 2022-R0016 - Amendment No. 1 to Temporary Lease Agreement with BayCal and MBABABResolution No. 2022-R0016 Item No. 7.24 January 11, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the act of the City Manager, or his designee, in executing, on behalf of the City Lubbock, a First Amendment to the Temporary Lease Agreement executed by the Mayor of City of Lubbock on October 5, 2021, by and between the City of Lubbock and the Bay Lubbock Partners, LLC and MBABAB, LLC as TIC c/o NetCo Investment, Inc., and all rela documents, is hereby ratified in full. Said Amendment is attached hereto and incorporated in 1 resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 11, 2022 DANIEL M. POPE, MAYOR ATTEST:A�LAAK / V Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /per Bill H rton, Deputy City Mam APPROVED AS TO FORM: City Attorney RES.Temp. Lease Agreement Amendment 1 Ratification COLtID 12.23.21 Resolution No. 2022-R0016 FIRST AMENDMENT TO TEMPORARY LEASE AGREEMENT This First Amendment to Temporary Lease Agreement (the "Lease") is made and entered into this th day of December, 2021 (the "Effective Date"), by and between BAYCAL LUBBOCK PARTNERS, LLC AND MBABAB, LLC AS TENANTS IN COMMON (collectively, "Landlord"), and CITY OF LUBBOCK ("Tenant"). 1. Recitals. 1.1 Landlord and Tenant entered into that certain Temporary Lease agreement dated September 29, 2021 ("Original Lease") pursuant to which Tenant leases the premises comprised of approximately 9,376 square feet and located at 2717 & 2721 50d, Street, in Lubbock, Texas, as more particularly described in the Temporary Lease Agreement. 1.2 Landlord and Tenant desire by this First Amendment to amend the Temporary Lease in order to extend the Lease Term as set forth herein. 1.3 Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows. 2. Extension of Term. Term is scheduled to expire on January 06, 2022. Notwithstanding anything to the contrary contained in the Lease, Landlord and Tenant agree that the Term is hereby extended for a period of two (2) months (the "First Extension Term") commencing on January 7, 2022 (the "'First Extension Term Commencement Date")'and ending on March 6, 2022. Tenant shall have no right or option to extend or otherwise renew the Term beyond the First Extension Term. Any reference in the Lease to the "Expiration Date" or words of similar import shall mean March 6, 2022 (the "Expiration Date"). 3. Rent. Total rent ("Rent") for the Term is $23,664 due and payable to Landlord due upon execution of this agreement. Landlord acknowledges and agrees that other than Rent and utilities (including trash removal), the Rent provided herein is a "gross rent' and Tenant shall not be required to pay operating costs, insurance, taxes, or any other fees or charges, however denominated or stated. 3. No Defaults. Tenant hereby certifies and acknowledges that as of the date hereof Landlord is not in default in any respect under the Lease, and Tenant does not have any existing claims, defenses (personal or otherwise), or rights of set-off whatsoever with respect to its obligations under the Lease. 4. ADA Disclosure. Landlord hereby represents to Tenant that the Premises has not undergone inspection by a Certified Access Specialist (a "CASp" as such term is defined in California Civil Code Section 1938) and, no CASp has determined whether the Premises currently meets all applicable construction related accessibility standards. 'A CASp can inspect the Premises and determine whether the Premises complies with all of the applicable construction -related accessibility standards under state law. Although state law does not require a CASp inspection of the Premises Landlord may not prohibit Tenant from obtaining a CASp inspection of the Premises for the occupancy or potential occupancy of Tenant if requested by Tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection and the payment of the fee for the CASp inspection and the cost of making any repairs necessary to correct violations of construction -related accessibility standards; provided, however, that Tenant shall be solely responsible for the cost of making any repairs necessary to correct violations of construction -related accessibility standards within the Premises. Tenant assumes all risks that the Premises O. iMb Stroct. LubboekfisFrock Cover PROPERTY MA.'YAGEME147 Terms Tcnpvzr. Texas C»y of Lubbock Firn Amcndment to Tenjxnary Lose . Ctty of Lubbock 12 20 21 docx do not comply with all applicable construction related accessibility standards pursuant to applicable Laws, including without limitation California, Federal or local law, and shall be solely responsible for the cost of any modifications required to comply therewith. 5. Briers. Landlord and Tenant each represent and warrant to the other that it has had no dealings with any broker, finder or similar person who is or might be entitled to a commission or other fee in connection with this First Amendment. Each party shall indemnify, defend, protect and hold harmless the other party from and against any and all obligations or liabilities to pay any real estate broker's commission, finder's fee, .or other compensation to any person or entity arising from or in connection with this First Amendment which results from any act or agreement of such party. 6. Miscellaneous Provisions. Except as provided in this First Amendment, Tenant's occupancy of the Premises shall be on the same terms and conditions as are in effect immediately prior to the date hereof. Each of the individuals signing this First Amendment personally represents and warrants that she or he is duly authorized to execute this First Amendment on behalf of the entity for which she or he is signing and that by her or his signature below, such entity is bound by this First Amendment and the Lease of which it is a part. Any provision of this First Amendment which shall be held invalid, void or illegal shall in no way affect, impair or invalidate any of the other provisions hereof and such other provisions shall remain in full force and effect. From and after the date hereof, any references to the Lease shall be deemed to mean the Lease as amended by this First Amendment. Capitalized terms used in this First Amendment but not defined have the meaning given in the Lease. Except as modified hereby, the Lease remains in full force and effect. This First Amendment may be executed in multiple counterparts, each of which shall be deemed an original and all of which constitute one and the same agreement. Landlord and Tenant agree that this First Amendment can be delivered by email and that electronic signatures (i.e., DocuSign) on this First Amendment are their binding signatures. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first above written. LANDLORD: BAYCAL LUBBOCK PARTNERS, LLC & MBABAB, LLC as TENANTS -IN -COMMON By: Name: Title: Date: Landlord's Federal Tax ID#: TENANT: CITY OF LUB CK By: t111 J. 6:::=� Name: rw tt"t A. "s 0 U Date: 1 2 Qz Tenant's Federal Tax ID#: %SS' 6000590t ATTEST: Rebecca Garza, City Secretary APPROVED AS CONTENT: ALp Bill Ho on, Deputy Cit APPROVED AS TO FO : Rya B ke, esshriant City Attorney Exhibit "A" — Premises Site Plan +ur •nu w►� r anwrA TM� PM� ONr r r R>t stirucb. 50m STREET ,.�r�rrrrrnrrrmr,, G=rmmmRmm� CrimrrrTrn-r �" �� rrtm trlrl�^J ,rrmrmm�l � mr Cr II II 'Noll lllllulllllil n �\ v vWiMMM HIMN '"`� 11 vff M1, ni ,I 27n 27n x W2341 x, V' o ills Jta!177. 7tG3 I1Jr�__ Tug � 1 i ►L�. a 1�11111�V 1 t ' V' J ram^ r r�vrr 9,urr �r�.r lug `•J �r�wr-�I,{►.� �_ r�'s Ufa