HomeMy WebLinkAboutResolution - 4216 - Lease Agreement - LRMHMR - Posey Community Center, 1602 Vanda Avenue - 08_12_1993Resolution No. 4216
August 12, 1993
Item #15
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 with Lubbock Regional Mental Health Mental Retardation Center
(MHMR) in which the City leases Posey Community Center to MHMR for a three
year period, said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes
of the Council. 11 —
Passed by the City C
ATTEST:
&-tt'- I I C:�XL
etty M. Uohnsofi, City Secretary
APPROVED AS TO CONTENT:
Sandy Oglotree,61Housing & Community
Development Administrator
APPROVED AS TO FORM:
Linda L. C ama es, Assistant City
Attorney
LLC:dw/agenda-D1/PoseyCtr.res
July 2, 1993
Resolution No. 4216
August 12, 1993
Item #15
LEASE AGREEMENT
THE 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 Lubbock Regional Mental Health
Mental Retardation Center also known as Lubbock Regional MHMR
Center, as Lessee, hereinafter called "CENTER."
WITNESSETH:
I.
The CITY does hereby lease to the CENTER 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 three (3) years
commencing September 1, 1993, and ending December 31, 1996.
The CENTER shall pay to the CITY as rental for such premises
the sum of ONE HUNDRED NINETY-THREE DOLLARS ($193.00) per month
with the payment for the first month due upon the signing of this
Lease, and thereafter the rental amount shall be adjusted
annually to conform to changes in the Consumer Price Index from
the previous year. Such adjustment shall be made on or before
the anniversary of this Agreement each year and said adjustments
shall be effective for one (1) year.
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. Any structural
modifications must be in compliance with the Americans with
Disabilities Act of 1990, as amended.
3. Pay for all structural changes or remodeling which may
be approved.
4. Pay for all necessary maintenance of the building and
repair or replacement of plumbing and electrical fixtures and
heating and cooling equipment.
5. Acquire and maintain continuously throughout the term
of the lease, fire and casualty insurance and such other
insurance upon the lease space as CENTER deems necessary, naming
City as additional insured.
6. Maintain the CENTER in a condition acceptable to the
City Manager of the City of Lubbock and consistent with its
condition upon the commencement of this Lease.
7. Make no unlawful, improper or offensive use of the
building.
8. Make no sublease or assignments of this Lease to the
CENTER.
9. Maintain the grounds of the premises.
10. Comply with all City ordinances, State laws, and
Federal laws applicable to the premises or Center's use of the
premises.
11. 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.
V.
This Lease may be terminated by (1) the expiration of the
term stated hereinabove, (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 Executive Director
of the Lubbock Regional MHMR Center.
Executed this 12th day of August , 1993.
avid R.
Mayor
ATTEST:
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Bett M. JohrYson
City Secretary
APPROVED AS TO CONTENT:
Sandy OdXetro
Housing & Community Development
Administrator
APPROVED AS TO FORM:
Linda Chamales
Assistant City Attorney
LUBBOCK REGIONAL MENTAL HEALTH
MENTAL RET'A]�R�DDATION CENTER
Gene Menefee
Executive Director