HomeMy WebLinkAboutResolution - 2217 - Lease Agreement - PAWS - Operating Space, Animal Shelter - 01_09_1986Resolution #2217
January 9, 1986
Agenda Item #27
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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 by and between the City of Lubbock and the People of Animal
Welfare (PAWS), 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 9th day of January , 1986.
ALAW HENRY, MAY
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
uonaia b. vanaiver,
City Attorney
Resolution #2217
THE STATE OF TEXAS §
LEASE AGREEMENT
COUNTY OF LUBBOCK §
This Lease Agreement entered into this 9th day of
January , 19 86 , by and between the City of
Lubbock, hereinafter called "City", and the People of Animal
Welfare, Inc., hereinafter called "PAWS."
I.
The City hereby leases to PAWS, a portion of the premises of
the City of Lubbock Animal Shelter, including one (1) office,
twenty (20) animal runs and counter space, which area is further
described upon the floor plan of the Lubbock Animal Shelter which
is attached hereto as Exhibit A and made a part hereof for all
intents and purposes.
The term of this Lease shall be for a period of ten (10)
years, commencing upon the date of execution of this Lease. The
term of this Lease may be extended by mutual agreement to both
parties.
For consideration of the construction of this facility,
which is valued at FORTY THOUSAND AND NO/100 DOLLARS ($40,000),
and donated to the City of Lubbock by PAWS and an annual rental
payment of ONE DOLLAR ($1.00) per year during the term of this
Lease, the City of Lubbock hereby grants this Lease.
IV.
The leased premises are to be used by PAWS in connection
with the animal control activities of the City, including, but
not limited to, pet adoptions and lost and found pets, and PAWS
shall not permit the use of the leased premises for any other
purpose without the written consent of the City.
V.
PAWS shall not create or allow any nuisance to exist on the
leased premises or to allow the premises to be used for any un-
lawful purpose.
VI.
The City represents that the premises are in fit condition
for use as described in paragraph IV. PAWS agrees to accept the
premises as being in a good state of repair and fit for such
purpose as is described in paragraph IV. PAWS agrees to sur-
render the leased premises to the City upon termination of this
Lease in the same condition as when PAWS took possession,
allowing for reasonable use and wear and tear.
VII.
PAWS hereby agrees not to assign or sublease the premises or
any part thereof or to allow any person other than PAWS agents or
employees to occupy the premises without the written consent of
the City. The City shall supply routine maintenance of the
leased premises. Any modification to the premises desired by
PAWS shall be subject to prior written approval of the City.
This Lease is not assignable without the City's prior written
consent.
VIII.
This Lease may be terminated by either party upon thirty
(30) days written notice to the other party.
IX.
PAWS agrees to indemnify and hold the City harmless from any
and all claims for injuries or damage to persons or property
arising from PAWS use of the leased premises.
X.
PAWS shall maintain a policy of liability insurance in the
amount of not less than $300,000.00 for each accident or occur-
rence, which policy of insurance shall be for the purpose of
paying any claims arising against PAWS by reason of its activi-
ties upon and use of the leased premises. Said policy shall name
the City as an additional insured and a copy of the policy or
certificate of issuance shall be filed with the City Secretary of
the City of Lubbock upon execution of this Agreement.
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XI.
PAWS shall file with the City Secretary of the City of
Lubbock evidence of worker's compensation insurance policy for
its employees, which policy shall be maintained in full force and
effect during the term of this Lease.
XII.
PAWS shall file with the City Secretary of the City of
Lubbock a bond (or a certificate of insurance) indicating fide-
lity insurance on the agents and employees of PAWS utilizing the
leased premises, which bond shall be maintained in full force and
effect during the term of this lease.
XIII.
PAWS, its agents and employees shall at all times abide by
all rules and regulations of the City with regard to the opera-
tion of the Animal Shelter facilities.
EXECUTED this 9th day of January 19 86
PAWS:
PRESIDENT
ATTEST:
Secretary
CITY 0 L ZBOCK
ALA 14HENRY, MAY
ATTEST:
Ranette Boyd, City Seb'retary
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City
Manager
APPROVED AS TO FORM:
D ald G. Vandiver, First
Assistant City Attorney
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