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HomeMy WebLinkAboutResolution - 2022-R0064 - Lease Agreement 16379 with South Plains Archery ClubResolution No. 2022-R0064 Item No. 7.5 February 8, 2022 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 Lease by and between the City of Lubbock and South Plains Archery Club, and related documents. Said Lease 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 ATTEST: Rebf ca Garza, City S et ry APPROVED AS TO ood lyfankTiy!P.E., Director of Pu Belen Gomez, Right -of -Way Ag APPROVED AS TO FORM: Rya Br ke, Assistant City Attorney RES.Lease-South Plains Archery Club 12.23.21 February 8, 2022 U-."i ---- DANIEL M. POPE, MAYOR Resolution No. 2022-R0064 LEASE Contract #16379 This Lease is entered into on this 8th day of February , 20 22 , between THE CITY OF LUBBOCK, a Texas home rule municipal corporation ("Landlord"), and SOUTH PLAINS ARCHERY CLUB, a Texas non-profit corporation, ("Tenant"). ARTICLE I. DEMISE OF LEASED PREMISES Section 1.01 Leased Premises. In consideration of the mutual covenants and agreements of this lease, and other good and valuable consideration, Landlord demises and leases to Tenant, and Tenant leases from Landlord the premises situated in Lubbock, Lubbock County, Texas, legally described on Exhibit A attached to this lease, and made a part of this lease for all purposes (collectively referred to as "the premises" or "the leased premises" in this lease). ARTICLE 2. LEASE TERM Section 2.01 Term. The term of this lease is five (5) years (the "Primary Term") beginning on the date of execution of this Lease by the Landlord unless terminated sooner as provided in this Lease. Landlord retains the right, at its election, to terminate this lease by giving tenant thirty (30) days written notice that lease is terminated. Section 2.02 Termination. This Lease will terminate without further notice when the term specified in § 2.01 expires, and any holding over by Tenant after that term expires will not constitute a renewal of the lease or give Tenant any rights under the Lease in or to the premises. ARTICLE 3. RENT Section 3.01 Rent. Tenant will pay Landlord One Thousand Two Hundred and XX/100 Dollars ($1,200.00) for the first year (2022) of the Primary Term of this Lease. The annual rent shall increase at a rate of five percent (5%) per year for the remainder of the Primary Term as follows: ($1,260.00) for the second year of the Primary Term (2023); ($1,323.00) for the third year of the Primary Term (2024); ($1,389.00) for the fourth year of the Primary Term (2025); and ($1,458.00) for the fifth year of the Primary Term (2026). Section 3.02 Time of Payment. Tenant shall pay all rent due under this article on an annual basis, beginning on the date of execution of this Lease by the Landlord, and thereafter on each annual anniversary date thereof during the term of the lease. In the event this Lease is extended by the agreement of Landlord and Tenant, tenant shall pay all rent due for the Option Period on an annual basis. Payments must be in lawful money of the United States. Section 3.03 Interest. Rent installments unpaid for thirty (30) days shall bear interest at the rate of twelve percent (12%) annually, beginning on the day after each such installment was due and continuing until the installment is paid. Nothing in this Lease shall be construed as providing for Landlord receiving collecting and/or demanding a rate of interest greater than provided for under Texas Law. In the event Landlord receives interest in excess of the highest 1 lawful rate, such funds shall be applied to the next year's rental payment, or in the event no further rental payments are due, refunded to Tenant. ARTICLE 4. UTILITIES Section 4.01 Utilities. Tenant acknowledges that no utilities of any kind, including but not limited to water, gas, electricity, or sewer are available to or on the leased premises and no such utilities shall be provided. ARTICLE 5. USE OF PREMISES Section 5.01 Use of Premises. a. Tenant may use the premises for the purpose of operating the hosting of archery tournaments and for no other purpose without the written consent of Landlord. Tenant may not place, install, build or construct any improvements on the leased premises. Landlord will not unreasonably withhold consent to a change of use. b. Under no circumstances during the term of this lease will Tenant use or cause to be used on the premises any hazardous or toxic substances or materials, including without limitation hazardous substances, as defined in the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 (14)) and/or asbestos, in any form, or store or dispose of any such substances or materials on the premises. Section 5.02 Illegal Use. Tenant may not use all or any part of the premises or any building situated on them for any use or purpose that violates any valid and applicable law, regulation, or ordinance of the United States, the State of Texas, the County of Lubbock, the City of Lubbock, or other lawful authority with jurisdiction over the premises. ARTICLE 6. ENCUMBRANCE OF LEASEHOLD ESTATE Section 6.01 No Encumbrance. Tenant shall not encumber the leasehold interest by deed of trust, mortgage, or other security instrument. ARTICLE 7. MECHANIC'S LIENS Section 7.01 Mechanic's Liens. Tenant shall not cause or permit any mechanics' liens or other liens to be filed against the fee of the premises or against Tenant's leasehold interest in the land or any buildings or improvements on the premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding the premises or any part of them through or under Tenant. If such a mechanic's lien or materialman's lien is recorded against the premises or any buildings or improvements on them, Tenant must either cause it to be removed or, if Tenant in good faith wishes to contest the lien, take timely action to do so, at Tenant's sole expense. If Tenant contests the lien, Tenant will indemnity Landlord and hold it harmless from all liability for damages occasioned by the lien or the lien contest and will, 2 in the event of a judgment of foreclosure on the lien, cause the lien to be discharged and removed before the judgment is executed. ARTICLE 8. INSURANCE AND INDEMNIFICATION Section 8.01 Indemnity and Release. THE TENANT SHALL INDEMNIFY AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO IN ANY WAY, MANNER OR FORM, TO THE ACTIVITIES CONTEMPLATED HEREUNDER AND ARE CAUSED BY THE ACT, OMISSION AND/OR NEGLIGENCE OF THE TENANT, THE TENANT'S RESPECTIVE OFFICERS EMPLOYEES, OFFICIALS AND AGENTS. THE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 8.02 Insurance. Tenant shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to the Landlord, carried with an insurance company authorized to transact business in the State of Texas covering all foreseeable aspects and operations in connection with this Lease, including but not limited to, all aspects, operations and/or occurrences to which Tenant has indemnified the Landlord, as provided in Section 8.01 hereof. A Certificate of Insurance specifying each and all coverages and a copy of such policy shall be submitted to the Landlord prior to the execution of this Agreement. Landlord shall cause each required policy to require the insurer to (i) give notice to the City as specified herein of termination of any such policy, sixty (60) days before such termination is to be effective, and (ii) contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. Landlord shall provide to the City proof of the below -described insurance on or before fourteen (14) days prior to the expiration date of each expiring policy. Comprehensive General Liability Insurance. Tenant shall have comprehensive general liability insurance, with limits of $1,000,000.00 combined single limit in the aggregate and per occurrence. The Landlord shall be named as an additional insured on a primary and non-contributory basis in such policy. ARTICLE 9. ASSIGNMENT AND SUBLEASE Section 9.01 No Assignment. Tenant shall not sell or assign its leasehold estate in its entirety or any portion of it, nor may it sublet the premises or any portion of them or any portion of any building or other improvement erected on the premises, without the prior written consent of Landlord. 3 ARTICLE 10. DEFAULT AND REMEDIES Section 10.01 Termination on Default. If Tenant defaults in performing any covenant or term of this lease, and does not correct the default within fifteen (15) days after receipt of written notice from Landlord to Tenant, Landlord may declare this Lease and all rights and interests created by it terminated. If Landlord elects to terminate, this Lease will cease as if the day of Landlord's election were the day originally fixed in the Lease for its expiration. Section 10.02 Remedies Cumulative. Any termination of this lease as provided in this article shall not relieve Tenant from paying any sum or sums due and payable to Landlord under the Lease at the time of termination, or any claim for damages then or previously accruing against Tenant under this Lease. Further, in the event of termination, Tenant shall have no rights to any rents paid in advance, and all of said rents shall be and remain the property of Landlord. Any such termination shall not prevent Landlord from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Tenant for any default under the Lease. All Landlord's rights, options, and remedies under this Lease will be construed to be cumulative, and no one of them is exclusive of the other. Landlord may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Lease. No waiver by Landlord of a breach of any of the covenants or conditions of this Lease may be construed a waiver of any succeeding or preceding breach of the same or any other covenant or condition of this Lease. ARTICLE 11. GENERAL PROTECTIVE PROVISIONS Section 11.01 Right of Entry. Tenant must permit Landlord or its agents, representatives, or employees to enter the premises for the purposes of inspection, determining whether Tenant is complying with this Lease, maintaining, repairing, or altering the premises, or showing the premises to prospective tenants, purchasers, mortgages, or beneficiaries under trust deeds. Section 11.02 No Partnership. The relationship between Landlord and Tenant is at all times solely that of Landlord and Tenant and may not be deemed a partnership or a joint venture. Section 11.03 Bankruptcy. Bankruptcy insolvency, assignment for the benefit of creditors, or the appointment of a receiver will not affect this Lease as long as Tenant and Landlord or their respective successors or legal representatives continue to perform all covenants of this Lease. Section 11.04 No Waiver. No waiver by either party of any default or breach of any covenant or term of this Lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Lease. Section 11.05 Release of Landlord. If Landlord sells or transfers all or part of the premises and as a part of the transaction assigns its interest as Landlord in this Lease, then as of the effective date of the sale, assignment, or transfer, Landlord will have no liability under this Lease to Tenant, whenever occurring or accruing. n Section 11.06 Security. Tenant shall take any and all actions necessary to protect the leased premises and all persons who enter upon same. Tenant shall inspect on as frequent a basis as necessary, the leased premises to identify and remedy all premise defects upon or affecting the leased premises. ARTICLE 12. MISCELLANDEOUS Section 12.01 Delivery of Rents and Notices. All rents or other sums, notices, demands, or requests from one party to another may be personally delivered or sent by mail, certified or registered, postage prepaid, to the addresses stated in this section and are considered to have been given at the time of personal delivery or of mailing. Landlord City of Lubbock Attn: Belen Gomez P O Box 2000 Lubbock, Texas 79457 Telephone: 806-775-3168 Facsimile: 806-775-3074 Tenant South Plains Archery Club P O Box 98731 Lubbock, Texas79499 Telephone 806-392-1975 Section 12.02 Multiple Parties. If this Lease names more than one Landlord or Tenant, service of any notice on any one Tenant or Landlord is considered service on all Tenants or Landlords, respectively. Section 12.03 Non -Arbitration. The City reserves 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 City 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. Section 12.04 Applicable Law. This agreement is to be construed under Texas law and all obligations of the parties created by this Lease are performable in Lubbock County, Texas. Section 12.05 Construction. If any one or more of the provisions contained in this Lease are for any reason held to be invalid, illegal, or enforceable in any respect, the invalidity, illegality or unenforceability will not affect any other provision of the Lease which will be construed as if it had not included the invalid, illegal, or unenforceable provision. Section 12.06 Prior Agreements. This Lease constitutes the parties' sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter. Section 12.07 Amendment. No amendment, modification, or alteration of this Lease is binding unless in writing, dated subsequent to the date of this Lease and duly executed by the parties. Section 12.08 Rights and Remedies Cumulative. The rights and remedies provided by this Lease agreement are cumulative, and either party's using any right or remedy will not preclude or waive its right to use any other remedy. The rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Section 12.09 Attorney's Fees. If, as a result of either party's breaching this agreement, the other party employs an attorney to enforce its rights under this Lease, then the breaching or defaulting party will pay the other party the reasonable attorney's fees and costs incurred to enforce the Lease. Section 12.10 Time of Essence. Time is of the essence of this agreement. THIS LEASE has been executed by the parties on the date and year first above written. CITY OF LUBBOCK SOUTH PLAINS ARCHERY CLUB toe-_,-� .� 15oel44i DANIEL M. POPE, Mayor Print: e�vk5 Title: �.�•�yG� t ATTEST: 4 Garza, City ROVED AS TO L. 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