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HomeMy WebLinkAboutResolution - 2004-R0261 - Lease Agreement For Garage And Storage - West Texas Warehouse Company - 06/09/2004RESOLUTION Resolution No. 2004-R0261 June 9,, 2004 Item No. 26 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS 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 West Texas Warehouse Company for the lease of a warehouse/garage located within the City of Lubbock, Lubbock County, Texas, to be used as a garage for storage of seized vehicles, surveillance vehicles and related uses. A copy of said Lease is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein. Passed by the City Council this 9th ATTEST: ~e~ity Secretary ~ H:aroidWilla;d, Assistant City Attorney js/ccdocs/Commercial Lse-Rosen&Rosen June 6, 2002 STATE OF TEXAS} COUNTY OF LUBBOCK} LEASE AGREEMENT Resolution No. 2004-R0261 June 9, 2004 Item No. 26 This agreement is made and entered into this 9th day of June 2004 by and between WEST TEXAS WAREHOUSE COMPANY, of Lubbock, Texas, a Texas corporation, hereinafter referred to as Lessor and The City of Lubbock ,a Home Rule Municipal corporation, hereinafter referred to as Lessee: WITNESS ETH: I. BASIC LEASE TERMS A. Description of Leased Premises -The Lessor does by these presents lease and demise unto the Lessee certain warehouse storage space, the same being approximately 12000 square feet, said storage space being situated in the warehouse owned by Lessor and located at 2301 Avenue C , Lubbock, Lubbock County, Texas and designated No. 2301-7 by Lessor and bearing insurance file number Al0-2500. B. Lease Term-This lease shall begin July l, 2004 and shall be for ---=1=2'--_ months. Thereafter, the lease will continue on a month to month basis until either party gives written notification of termination 30 days before the desired termination date. C. Consideration-The Lessee shall pay to Lessor in Lubbock, Texas, as consideration for this Lease the sum of$ 1,250 per month beginning July 1 , 2004. Lessee shall pay all utilities for the leased premises. II. DUTIES OF LESSEE A. Use of Leased Premises -Lessee shall use the leased premises for garage and storage purposes only, unless Lessee obtains prior written consent from Lessor allowing another use. 1 I . I I ! B. Acceptance and Condition of Leased Premises -Lessee hereby agrees to accept the leased premises as is. Lessee agrees to keep and maintain the leased premises in good repair and to be responsible for all maintenance and repairs within the leased premises and upon the expiration or termination of the Lease Agreement to return said premises to Lessor in as good a state of repair as received, usual wear and tear excepted. C. Sprinkler System-Lessor agrees to maintain and keep in good repair the sprinkler system located in or about the leased premises. To the extent allowed by law, Lessee agrees to accept all liability and hold Lessor harmless for any damage resulting from use of, leakage from, interference with, or damage to the sprinkler system. Lessee shall maintain sprinkler system damage insurance as a part of its liability insurance. Lessee also agrees to promptly notify Lessor of any damage to, repairs of, or intended repairs of the sprinkler system. D. Minimum Clearance -Lessee will at all times during the term of this Lease Agreement maintain minimum clearance of at least eighteen (18) inches between the sprinkler system and all parts thereof, and the merchandise, supplies and equipment stored or placed in the said leased premises. E. Alterations, Improvements or Partitions -Lessee must obtain written consent from Lessor prior to placing any partitions in the leased premises or making any alterations or improvements to the leased premises. Any alterations, improvements or partitions shall be at the sole expense of Lessee and must be in full compliance with all laws and regulations concerning fire and safety and sprinkler systems. It is also understood that Lessor will not consent to any structural alterations of the leased premises. If alterations of the sprinkler system become necessary as a result of alterations, improvements or partitions to leased premises, then the cost of extending, increasing, improving, altering or adding to the sprinkler system occasioned thereby shall be at the sole expense of the Lessee, and this shall be in addition to all other consideration herein provided for. F. Assignability of Lease -Lessee shall not, without prior written consent from Lessor, transfer or assign any interest in this Lease Agreement or sublet any portion of the leased premises. It is further agreed the Lessee shall store in said leased premises motor vehicles and miscellaneous property which belongs to and is the property of the Lessee, or for which Lessee has legal custody, and shall not store motor vehicles or any other property in the said leased premises for which, lessee does not have title or custody, or which is not being held in said premises for Lessee's business purposes. 2 G. Signs -Lessee shall not use the premises or any part thereof for the erection or display of any advertising material or signs, provided, however, that Lessee may erect a sign for the purpose of identification of its business contained therein. Such sign shall not be erected by nailing or bolting or otherwise pressing objects through or penetrating the roof of the building or in such a manner as to damage or cause deterioration of the leased premises. H. Compliance with Laws and Ordinances -Lessee shall comply with all laws, ordinances, orders or requirements of the State of Texas, County of Lubbock, City of Lubbock, State Fire Insurance Commission or any other State department or commission applicable to the leased premises. Lessee shall be responsible for obtaining all necessary approvals and permits which may be necessary for its use of the leased premises. I. Liability Insurance and Identification-To the extent allowed by law, Lessee agrees to maintain liability insurance of not less than $500,000 Combined Single Limit-Bodily Injury and Property Damage per Occurrence and $1,000,000 per General Aggregate, and to name Lessor as an additional insured. Such insurance is to be evidenced by a Certificate of Insurance providing a 30-day notice of cancellation, or non-renewal provision in favor of Lessor. Failure of the Lessee to maintain adequate insurance coverage and limits of insurance does not release Lessee from any of the obligations under this lease. Lessee agrees to indemnify and hold harmless Lessor from all claims, demands, liabilities, causes of action of any kind whatsoever arising in or resulting from the willful or negligent act or omission of Lessee, its agents, employees, or invitees in connection with Lessee's use and occupancy of the leased premises or its operation of business therein during the term of this lease, involving the death of or injury to any person or damage or destruction of the property of any person. J. Liens -Lessee shall keep the leased premises free and clear from liens arising out of any work performed, materials furnished, or obligations incurred by Lessee, including mechanic's liens. K. Lessor's Liability -The lessor shall not be liable to Lessee for any damage or injury to it or its property occasioned by wind, fire, water, or by a defect in the plumbing, electrical wiring or insulation thereof, gas pipes, sprinkler systems, sewage facilities, nor for such damages or injury caused by the act, omission or negligence of other t :nants, other persons, occupants of adjacent buildings, to or contiguous buildings, or owners of adjacent or contiguous property, all claims as against the Lessor for such damage or injury being hereby expressly waived by the Lessee. The Lessee is to make and pay for all repairs made necessary by the negligence of itself, its agents or its employees. 3 L. Surrender of Premises -Lessee agrees that at the expiration of the Lease, it will quit and surrender the leased premises without notice, and will deliver to Lessor all keys belonging to the leased premises. All alterations, additions or improvements made by Lessee affixed to the premises, shall become Lessor's property and shall be surrendered with the leased space as a part thereof at the expiration of the Lease. The Lessee may remove all personal property, trade fixtures and office equipment, whether attached to the premises or not, provided that such may be removed without serious damage to the leased space or adjacent portion of the building. All holes or damage to the building or leased space caused be removal of such items shall be repaired and restored by Lessee at Lessee's expense, promptly after removal of property. III. DEFAULT This lease agreement shall be declared in default if Lessee shall allow the rent to be in arrears more than 15 days after written notice of such delinquency, or shall default in performance of any, or all, of its covenants or agreements and remain in default for 15 days after written notice is given of such default by Lessor. If the default is of a nature requiring more than 15 days to cure, Lessee shall within 15 days commence, and shall thereafter faithfully prosecute curing the default. In case of default, Lessor shall have all remedies set forth in Paragraph IV below. If Lessor becomes insolvent or if a receiver, assignee for creditors, or other liquidating officer is appointed for Lessee's business, Lessor may terminate this Lease at its option. IV. REMEDIES UPON DEFAULT A. Legal Enforcement and Forfeiture of the Lease -In the event of default, . Lessor may enforce the performance of the Lease in any of the modes provided by law and declare the Lease forfeited at Lessor's discretion, and it, its agent or attorney, shall have the right without further notice to the Lessee to re-enter and remove all persons and/or property therefrom without prejudice to any remedies or arrears of rent, or breach of covenant, and Lessor, its agent or attorney, may resume possession of the leased space and relet the same for the remainder of the term at the best rent obtainable for the account of the Lessee, who shall make good any deficiencies. 4 B. · Re-entry-If Lessor re-enters the lease space or takes possession of it before normal expiration of this Lease in accordance with its terms, Lessor shall have the right, not the obligation, to remove from the leased premises all personal property located therein and may place it in storage in a public warehouse at the Lessee's expense and risk. v. GENERAL PROVISIONS A. Notice-Except as otherwise required by statute, all notices given pursuant to the provisions of this Lease shall be in writing, addressed to the party whom the notice is given, and sent by registered or certified mail postpaid to the last known mailing address of the party. B. Binding Effect -The terms, conditions and covenants of this Lease shall enure to and be binding on the heirs, successors, administrators, executors and assigns of the parties hereby, except as otherwise provided herein. C. Waiver-The failure of Lessor to insist upon strict compliance with the covenants of the Lease shall not constitute a waiver of any breach of this Lease. D. Destruction of Premises -In the event ofloss, damage or destruction by fire, wind, storm, flood or other calamity of any portion of the premises herein demised during the term of this Lease, it is specifically agreed between the parties hereto that the Lessor shall have the option to repair and rebuild said premises. In the event that Lessor does not rebuild or repair, replacing said premises in as good a condition as of the date of such calamity, then all obligations herein imposed upon the Lessee shall cease and this contract shall thereupon be at an end. During such repair or rebuilding, no rental installments shall be assessed against or due by Lessee, and the term of this Lease shall be extended for a period of time equal to the time elapsing from the date of such loss, damage or destruction to the date that repairs are completed or the date that Lessee renews its use of such premises, whichever date shall first occur. Lessor shall have ninety (90) days from the date of its knowledge of such damage or destruction in which to exercise its option to rebuild the premises. If Lessor fails to exercise its option to cancel this Lease in all things; and thereafter, all parties shall be relieved from further obligations hereunder. E. Legal Construction -In case any one or more of the provisions contained in this agreement s_hall for any reason be held to be invalid, illegal, or unenforceable in any respect, such· invalidity, illegality or unenforcibility shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5 F. Time of the Essence -Time is of the essence in this agreement. G. Prior Agreement Superseded-This agreement constitutes the sole and only agreement of the parties hereby and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. H. Amendments-No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. In testimony hereof, the parties to this agreement have caused these presents to be executed by their duly authorized officers on the day and year first above written. ATTEST: 6 WEST TEXAS WAREHOUSE COMPANY P.O. Box 2278 Lubbock,Texas79408 747-2929 BY:-~~'---~~:::::......;;-~;·-=-•-"' __ Bob Dobbins