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HomeMy WebLinkAboutResolution - 2000-R0170 - Lease - KPL Inc. - 06_20_2000Resolution NO. 2000-R 0170 June 20, 2000 Item No. 17 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 between the City of Lubbock and KPL, Inc, 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 this 20th day of June '2000. ATTEST: a �41L arnell City retary APPROVED AS TO CONTENT: . e��7 !!� Ed Bucy, Right-of-Wa3rAgent APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney Dh/Ccdocs/2000KPL.res June 7, 2000 Resolution No. 2000-R 0170 June 20, 2000 Item No. 17 LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This Agreement of Lease entered this day by and between the CITY OF LUBBOCK, LESSOR, and KPL, INC., LESSEE, in consideration of the mutual agreements contained herein do hereby contract and agree as follows: LESSOR hereby leases unto LESSEE for a term of one (1) year beginning July 1, 2000, and ending June 30, 2001, subject to earlier termination as provided in this Lease Agreement, the parking lot portions of the following described tract of land: Lots 2, 3, 33, 34, and 35, Block 2, Dupree Addition, to the City of Lubbock, Lubbock County, Texas. III LESSEE, shall pay the sum of ONE HUNDRED FIFTY-SEVEN AND 501100 DOLLARS ($157.50) per month by check or money order to the CITY OF LUBBOCK, P.O. Box 2000, Lubbock, Texas, 79457, Attention: Property Manager, payable to LESSOR in advance on the first (1st) day of each month as rental for the lease of the land herein concerned during the one (1) year term of this lease, the first payment being due, contemporaneously with the execution of this lease as of June 22, 2000, LESSEE shall pay the rent in advance as aforesaid, as the same shall become due. Rent unpaid after the due date (the first day of each month) is delinquent and will constitute a default by LESSEE. If all rent is not paid on or before the fifth (5th) day of the month (the late charge date), LESSEE agrees to pay an initial late charge of $10.00 plus a late charge of $1.00 per day thereafter until all delinquent rent and late charges are paid in full. Daily late charges shall not exceed $25.00 for any single month's rent. IV. The purpose for which the land is to be used is for a parking lot for vehicles as an additional use to businesses operated by LESSEE. LESSEE will restrict the use of the leased premises for such purpose, and will not use, or permit the use of, the premises for any other purpose without first obtaining the consent of LESSOR in writing. V. LESSEE will not commit, or allow to be committed, any waste on the premises, create or allow any nuisance to exist on the premises, or use or allow the premises to be used for any unlawful purpose. VI. LESSEE, at its own expense, will maintain and keep the premises in good repair and condition for vehicular use. LESSEE will also keep and maintain the premises and keep such free from debris, trash and refuse. If damages occur to the leased premises between 7:00 p.m. and 7:00 a.m. daily or on weekend days and, at the decision of LESSOR, repairs are needed, the LESSEE shall, at its own expense, make such repairs. LESSEE will not be responsible for damage done to the premises by any acts of God including storms. page - 1 V II. LESSOR represents that the premises are in fit condition for the use as described in Paragraph IV. LESSEE agrees to accept the premises on possession as being in good state of repair. LESSEE agrees to surrender the premises to LESSOR at the end of the lease term, if the LEASE is to be renewed, in the same condition as when LESSEE took possession, allowing for reasonable use and wear. LESSEE will not be responsible for damage done to the premises by any acts of god including storms. VIII. Partial destruction of the leased premises shall not render this lease void or violable, or terminate it except as provided in this Lease. IX. LESSEE agrees to hold LESSOR harmless from and indemnify LESSOR for all payments, expenses, costs, reasonable attorney's fees, and all claims and liabilities for losses or damage to property or injuries to persons caused wholly or in part by, or resulting from, any act or omissions by LESSEE or LESSEE's customers, guests, licensees, invitees, or for any cause whatsoever arising out of or by reason of the occupancy by LESSEE. X. No improvements are to be placed on leased premises by LESSEE and if they are, they shall be removed by LESSEE immediately at the expense of LESSEE. XI. If LESSEE fails to comply with any conditions and covenants of this lease, LESSOR may perform these conditions and covenants, at the cost and expense of LESSEE, and the cost of the expense will be added to the next installment of rent and will be payable as such. XII. All goods and personal property of any kind in or on the leased premises will be the sole responsibility of LESSEE, and in no event will LESSOR be liable for any loss or damage to these goods or property for any reason whatsoever. XIII. This Lease cannot be assigned in whole or in part by LESSEE except upon the express written permission of such assignment by LESSOR. XIV. This lease may be canceled and terminated by LESSOR for non-payment of rent or failure of LESSEE, to keep and perform any of its agreements herein contained, such termination to be in the form of ten (10) days written notice by LESSOR delivered or mailed to last know address of LESSEE. 1TA Should this property become necessary for other City purposes, LESSOR may enter onto said premises or any part thereof any time after ten (10) days written notice to LESSEE and may repossess the same and expel said LESSEE and those claiming under him without being deemed guilty in any manner of trespass. Lessee will be pro -rated any rent prepaid at time of repossession. page - 2 NTA No parking on this property by LESSEE shall be allowed between the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. XVII. If there ever is a need to have a City of Lubbock after hours meeting on the above described property, the City will give LESSEE (72) hours notice when the meeting is to be held and LESSEE will not utilize the parking lot at the time of the scheduled meeting. XVIII. A Maximum of ten (10) spaces will be excepted from this Lease and the spaces will be reserved for City use only if LESSEE is notified of such need. EXECUTED on this 20th day of CITY OF LUBBJA WINDY SIT ON MAYOR ATT ST: "y1hsmell, City Secretary APPROVED AS TO CONTENT: ` I 6 � Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney dh/ ccdocs/Bi1VULInc..Agreement Junc 7, 2000 June , 2000. KPL, INC. TBx MMONS- PREENT P.O765 Lubbock, Texas 79408 page - 3 CITY OF LUBBOCK INTEROFFICE MEMO TO: Larry Hertel, City Engineer FROM: Ed Bucy, Right -of -Way Agent DATE: June 7, 2000 SUBJECT: Agenda Items and Comments for City Council Meeting on June 20, 2000 CITY OF LUBBOCK AGENDA ITEM SUMMARY CONSENT AGENDA ITEM #/SUBJECT # Consider a resolution authorizing the Mayor to execute a contract and a supplemental contract agreement for right-of-way procurement with the Texas Department of Transportation (TxDOT) for the North Frankford Avenue (FM 2528) project (North Frankford Avenue, North Loop 289 to Clovis Highway [U.S. 84]) BACKGROUND/DISCUSSION: TxDOT is beginning the Frankford Avenue widening project. This will widen Frankford Avenue from North Loop 289 to its intersection with U.S. 84, the Clovis Highway. The existing right-of-way is sufficient enough for this project. However, TxDOT, due to a September construction letting date, has asked the City and County to help with right-of- way acquisition of drainage easements for this project. There is an existing drainage easement on the east side of Frankford Avenue between Erskine Street and Ursuline Street. TxDOT needs the City to acquire the right-of-way to widen this drainage easement from two property owners. TOOT will pay 90% of this cost that will include the appraisal and the purchase price of the easement area. The total estimated cost for this drainage easement is $9,000. The City's share would be 10% of that amount. Funding will come from the recent bond sale in which $233,113 was allocated for match funds with TxDOT. The relocation of a major gas line will also be included in this Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for June 20, 2000 Page 2 project. The "Contractual Agreement for Right -of -Way Procurement" to be signed today states all of these provisions and the "Supplemental Contractual Agreement for Right -of - Way Procurement" states that the City will not be responsible for any utility relocation or right-of-way acquisition except for these two parcels of the one drainage easement. TxDOT will be responsible for the relocation of the major gas line, but the City will pay 10% of its estimate relocation cost that according to TxDOT is $37,500 (our 10%). This amount is in addition to the drainage easement cost of $9,000. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of this agreement. CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT # Consider a resolution authorizing the Mayor to execute a parking lot lease with Bleacher's Sports Cafe (1910 Texas Avenue). BACKGROUND/DISCUSSION: On June 24, 1999 the City executed a lease with Kurt McMillan of Bleacher's Sports Cafe for approximately 64 spaces of the City's Health Department parking lot at the southwest corner of 191h Street and Texas Avenue. This lease enables Bleacher's to satisfy the parking requirements per the zoning ordinance for customers of the cafe during the evening and night time hours. This lease has just about expired and this new one-year lease will renew the expired one. The City will receive $240.00 per month for this parking lease. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of this lease. Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for June 20, 2000 Page 3 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT # Consider a resolution authorizing the Mayor to execute a parking lot lease with KPL, Inc. (1910 Texas Avenue). BACKGROUND/DISCUSSION: On June 24, 1999 the City executed a lease with Larry Simmons (KPL, Inc.) of the Red Door Club for approximately 42 spaces of the City's Health Department parking lot at the southwest comer of 19'h Street and Texas Avenue. This lease enables the Red Door (1801 Buddy Holly Boulevard) to satisfy the parking requirements per the zoning ordinance for customers of the club during the evening and night time hours. This lease has just about expired and this new one-year lease will renew the expired one. The City will receive $157.50 per month for this parking lease. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of this lease. Ed Bucy Right -of Way Agent