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Home My WebLink AboutResolution - 2004-R0265 - Interlocal Agreement For Lease Space - Texas Forest Service - 06/09/2004RESOLUTION Resolution No. 2004-R 0265 June 9, 2004 Item No. 31 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 an Inter local Agreement for Lease of Space by and Between City of Lubbock and Texas Forest Service, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be indude<l in the minutes of the City Council. Passed by the City Council this __ 9_t_h ___ day of _____ J_un_e _____ , 2004. ATTEST: Q~Jb Rebecca Garza, City Secretary ~ APPROVED AS TO CONTENT: APPROVED AS TO FORM: -~·7 ._; ... j:) / . // _/',,-· //:_.. ,/~ Richard K. Casner -..::::::::0: First Assistant City Attorney ke/ccdocs/Lease of Space.ForestService.res May26, 2004 .-• Resolution No. 2004-R0265 June 9, 2004 Item No. 31 Interlocal Agreement for Lease of Space by and between City of Lubbock and Texas Forest Service This Interlocal Agreement for Lease of Space ("Lease") is by and between THE CITY OF LUBBOCK, a Texas home rule municipal corporation, as LESSOR (but hereafter referred to as "LUBBOCK"), and TEXAS FOREST SERVICE, a member of The Texas A&M University System, an agency of the State of Texas, as LESSEE (but hereafter referred to as "TFS"), and is entered into pursuant to Texas Government Code, Chapter 791, Interlocal Cooperation Contracts. ARTICLE 1 PURPOSE-LEASEDPREMISES 1.01 Exclusive Use: LUBBOCK, in consideration of the rents, and mutual covenants and obligations of this Lease, hereby leases to TFS the exclusive use of the following described property: Approximately 120 square feet of office space, as designated by . LUBBOCK, located in the "Fire Administration Complex" situated at 1515 East Ursuline Street, Lubbock, Lubbock County, Texas 79403 (hereafter "Leased Premises''). 1.02 Common Use: TFS will have the non-exclusive use with LUBBOCK and other complex tenants of the "Common Areas" or those area open for use by the general public, including but not limited to: A. Entryway, lobby area, hallways, elevators, stairwells, B. Public Restroom and Water Fountain Facilities, C. Vending machines, and D. Kitchen and dining facilities. 1.03 Right of Entry: LUBBOCK retains the right to enter into the Leased Premises during the hours of 7:00 a.m. -6:00 p.m., provided prior notice, provided as soon as reasonably practicable, has been given to TFS (specifying the anticipated date and time of entry). LUBBOCK may enter into the Leased Premises without having given prior notice, if an emergency situation arises, to repair any damage, in the event of default by TFS, or any other purpose allowed by this Lease or by law. Such entry by LUBBOCK will not constitute an eviction or disturbance of TFS' use and possession of the Leased Premises, will not render LUBBOCK liable for damages or grant TFS any right of offset of rental, or constitute any breach of TFS' quiet enjoyment. • System Real F.state Office OFFICIAL DOCUMENT 1 Page 1 ofll City of Lubbock 2004-2005 SREO No. 04110016 2003-0005922 01/0912004 1.04 Build-out by LUBBOCK: TFS accepts the Leased Premises in the condition existing as of the date of this Lease execution. Any future mutually agreed upon build-out of the space by LUBBOCK to fulfill specific con.figuration and space use needs of TFS, must comply at the date of construction with any of the following codes (as may be amended), which are applicable to the construction being performed: A. The Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq., or as may be amended), B. Texas Architectural Barriers Act (Texas Revised Civil Statutes article 9102, or as may be amended), C. National Fire Codes, National Fire Protection Association Code (including, but not limited to, NFPA 101), and National Electric Code and National Electric Safety Code, D. Standard Building Code (for all items not covered in NFPA 101); and, E. Any and all federal and state codes governing the construction and occupancy of office space. 1.05 Modification: TFS has the right to make such modifications within the Leased Premises as may be desired for TFS' operations, provided such modifications are approved in advance, in writing, by LUBBOCK. LUBBOCK may approve or deny such request in its discretion. Any exterior sign to identify TFS' location within the complex, must be requested by TFS, with proposed design submitted to LUBBOCK for approval, such approval or denial to be exercised at LUBBOCK's discretion and will be erected by LUBBOCK or will be erected by TFS with LUBBOCK's written authorization. Any interior signs will be erected by LUBBOCK or will be erected by TFS with LUBBOCK's written authorization. The approval or denial of the interior sign of TFS shall be exercised at LUBBOCK's discretion. 1.06 Vehicle Parking Space: TFS, its employees, customers, suppliers, and other licensees or invitees of TFS may utilize the vehicular parking area located in the front of the Fire Administration Complex. LUBBOCK will ensure no less than one (1) handicap access parking spaces is available, clearly marked, and in compliance with all applicable federal, state, and local codes. 1.07 Utilities: LUBBOCK will provide to the Leased Premises the following utilities, and invoice TFS for the costs pursuant to Section 3.02 of this Lease: A. Electric A System Real Estate OfrtCe w OFFICIAL DOCUMENT Page 2of11 City of Lubbock 2004-2005 SREONo. 04110016 2003-0005922 0110912004 B. Gas, if applicable C. LUBBOCK will only provide and install all telephone conduit and equipment necessary for TFS' use of the Leased Premises as office space D. Water E. Sanitary Sewer F. Solid Waste Disposal LUBBOCK will provide air conditioning and heating sufficient to maintain the Leased Premises at a degree necessary for proper comfort of the occupants. 1.08 Taxes: LUBBOCK is solely responsible for all ad valorem, property taxes and assessments, or other taxes and assessments levied against the Leased Premises and/or the Fire Administration Complex due to LUBBOCK's ownership and/or operation of the Leased Premises. Nothing contained herein shall obligate LUBBOCK to pay taxes due and owing against TFS. 1.09 Janitorial Services: TFS will provide janitorial services to the Leased Premises, at TFS, sole cost; however, LUBBOCK will provide janitorial services to the common areas and the exterior building areas. 1.10 Extermination Services: LUBBOCK will provide extermination services to the Leased Premises or Premises at intervals specified by LUBBOCK. If the specified intervals are not sufficient to eradicate pests, LUBBOCK will provide additional extermination service upon TFS' request. ARTICLE2 TERM 2.01 Fixed Term: The term of this Lease will be twelve (12) months, commencing on May 1, 2004, and expiring at the end of April 30, 2005, unless extended or terminated sooner pursuant to this Lease. 2.02 Extension: This Lease may be renewed by TFS a total of two (2) renewal period consisting of twelve (12) months each. This Lease may be extended, upon express approval of LUBBOCK, and TFS, upon the identical terms and provisions of the original one (1) year term hereof, up to two (2) additional terms of twelve (12) months each. LUBBOCK may act to extend by and through Steve Hailey, Fire Chief, City of Lubbock, or successor. A System Real Estate Office w OFFICIAL DOCUMENT Page 3 ofll City of Lubbock 2004-2005 SREO No. 04110016 2003-0005922 0110912004 2.03 Renegotiation: Changes in federal or state law, local ordinances, LUBBOCK or TFS' rules and regulations, and/or The Texas A&M University System policies may require this Lease be renegotiated at any time. In the event the changes in federal or state law, local ordinances, LUBBOCK or TFS' rules and regulations, and/or The Texas A&M University System policies, require the Lease to be renegotiated, and TFS and LUBBOCK cannot agree on such renegotiated terms, either party may immediately terminate this Lease by notice to the non-terminating party. ARTICLE3 CONSIDERATION 3.01 Rental: TFS aflfees to pay to LUBBOCK, as monthly rental, ONE HUNDRED FIFTY AND N0/100 DOLLARS ($150.00), payable no later than the fifth day of each month during the term of this Lease. The rental amount abated or increased for any deletions or additions to the net usable space of the Leased Premises will be calculated at the rate of $1.25 per square foot. Nothing contained herein shall require LUBBOCK to provide additional space to TFS. 3.02 Utility Fees: Telephone will be obtained and paid by TFS. 3.03 Renegotiation of Fees: This Lease may be contingent upon the availability of funds appropriated to TFS by the Texas Legislature. Should the Texas Legislature fail to appropriate adequate funds for TFS to pay any fees due under this Agreement, LUBBOCK agrees to renegotiate the rental amount. Alternatively, if TFS fails to be appropriated adequate funds to pay any and all fees, TFS can terminate this Agreement without any penalty or payment of termination fees. 3.04 Condemnation: If a condemnation proceeding results in a partial taking of the Leased Premises, but not to an extent that the Leased Premises is not viable for TFS' use (at TFS' sole determination) the designated rental amount will be abated as specified in Section 3.01. If a condemnation proceeding results in a total taking of the Leased Premises, to an extent that substantially all of the Leased Premises are not available for TFS' use, all prepaid rentals and fees will be refunded on a pro-rata basis and this Lease will be cancelled. Alternatively, if LUBBOCK is able and elects, in its discretion, to provide space suitable for TFS' use (in TFS' sole opinion) TFS may elect to rent such space under the same terms, conditions, and rental amount as this Lease. 3.05 Damage: If damage occurs to the Leased Premises, but not to an extent that the Leased Premises is not viable for TFS' use (at TFS' sole determination), the designated rental amount will be. abated as specified in Section 3.01. In the event LUBBOCK shall provide notice to TFS that it will not commence repairs of such damage within a reasonable time after the occurrence of the damage, TFS may elect to terminate this i A system Real Estate Office · ~OFFICIAL DOCUMENT Page 4 ofll CnyofLubbock2004-200S SREO No. 04110016 2003-0005922 01109/2004 Lease and be refunded, on a pro-rata basis, prepaid rentals. If damages result in destruction of the Leased Premises to such an extent that substantially all of the Leased Premises are not available for TFS' use, all preaid rentals and · fees will be refunded on a pro-rata basis and this Lease will be cancelled. Alternatively, if LUBBOCK is able to provide space suitable for TFS' use (in TFS' sole opinion), TFS may elect to rent such space under the same terms, conditions, and rental amount as this Lease. ARTICLE4 COVENANTS AND OBLIGATIONS OF LUBBOCK 4.01 Ability to Lease: LUBBOCK covenants and agrees that it has good and sufficient title and exclusively holds the authority, right, and ability to rent, lease, or otherwise furnish the Leased Premises to TFS. Additionally, LUBBOCK warrants that the person executing this Lease on behalf of LUBBOCK is authorized to do so, and that such person has the capacity to do so. 4.02 Zoning: LUBBOCK represents and warrants the use of the Leased Premises as office space does not violate any current city zoning ordinance. ARTICLES COVENANTS AND OBLIGATIONS OF TFS 5.01 Building rules: TFS covenants and agrees to abide by all reasonable rules promulgated by LUBBOCK or communicated by LUBBOCK to TFS during the term of this Lease for the proper operation of the Leased Premises and the common areas of the Fire Administration Complex and parking areas related to same. 5.02 Use of Leased Premises: The Leased Premises shall be used solely as office space for TFS, and TFS shall use the Leased Premises solely in such manner that is coincident with the necessary proper administration of state, county and federal programs, and properly vacate the Leased Premises as provided in this Lease. Any other use of the Leased Premises by TFS, its assigns and/or subtenants is expressly prohibited. 5.03 Hold over: TFS shall vacate the Leased Premises on or before the expiration or termination of this Lease. Any holding over by TFS shall result in TFS being a tenant at sufferance notwithstanding any actions or inactions of LUBBOCK 5.04 Environmental: Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S., §9601(14)) shall not (i) be utilized, in any way, manner or form, in the operation of the Leased Premises; or (ii) be brought upon, placed, or located, by any party, on the Leased Premises, without the written consent of LUBBOCK If TFS believes that the utilization of a Hazardous Substance is necessary in the operation of the Leased Premises, or that it is necessary to place and/or otherwise locate upon the Leased Premises, a Hazardous ~ A System Real Estate Off'ICe ' ~OFFICIAL DOCUMENT --~ -. Page 5 ofll City of Lubbock 2004-2005 SREO No. 04110016 2003..0005922 OJ/09/2004 Substance, TFS shall notify LUBBOCK and request consent therefrom, at least twenty (20) days prior to such action. LUBBOCK may grant or deny the request of TFS and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of TFS is not granted, or otherwise not responded to, by LUBBOCK within five (5) days of the receipt of said request, said request shall be deemed to be denied. ARTICLE6 TERMINATION BY LUBBOCK 6.01 Default: LUBBOCK may terminate this Lease and terminate all of LUBBOCK's obligations pursuant to this Lease, if TFS fails to perform, keep and observe any terms, covenants, or conditions required by this Lease to be performed by TFS. 6.02 Notice of Default: In the event of TFS' default, LUBBOCK will give TFS written notice to correct such default sent pursuant to Section 10.02 of this Lease. If the default continues for thirty (30) calendar days after TFS' receipt of such notice, LUBBOCK may terminate this Lease by written notice to TFS sent pursuant to Section 10.02 of this Lease. 6.03 Emergency Repairs: In the event TFS' default creates an emergency situation, LUBBOCK may correct any or all of the default or violations, and invoice TFS for the costs. ARTICLE7 TERMINATION BY TFS 7.01 Default: TFS may terminate this Lease and terminate all or any of its obligations at any time, upon or after the occurrence of any one of the following events: A. Breach or failure by LUBBOCK to perform, keep and observe, any terms, covenants, or conditions required by this Lease, and failure of LUBBOCK to remedy such breach or failure for a period of thirty (30) calendar days after the receipt of such a written notice of breach; B. Inability of TFS to use the Premises for more than sixty (60) consecutive calendar days due to any law or any order, rule, or regulation of any competent governmental authority. 7.02 Notice of default: In the event of LUBBOCK's default, TFS will give LUBBOCK written notice to correct such default sent pursuant to Section 10.02 of this Lease. If the default continues for thirty (30) calendar days after LUBBOCK's receipt of such notice, TFS may terminate this Lease by written notice to LUBBOCK sent pursuant to Section 10.02 of this Lease. 7.03 Property Removal: In the event TFS terminates this Lease, TFS must remove its equipment and personal property from the Leased Premises on or before the termination A System Real Estate omce ~OFFICIAL DOCUMENT I Page 6 ofll City of Lubbock 2004-2005 SREONo.04110016 2003-0005922 0110912004 date, and must leave the Leased Premises clean and in a condition equal to the condition which existed at the commencement of this Lease, normal wear and tear excepted. TFS must not remove any fixtures or improvements constructed on the Leased Premises pursuant to this Lease, except for the rights of removal as may be expressly granted in this Lease, or as may be granted in writing by LUBBOCK. All movable equipment, furnishing, fixtures, apparatus and personal property must be removed in a manner so as to cause as little damage, as is reasonably possible, to the building and the Leased Premises. In the event the Fire Administration Complex, including without limitation, the Leased Premises, is damaged in the process or related to removal of the property as prescribed herein, TFS shall be responsible for all costs associated with the repair of such damage. ARTICLES ASSIGNMENT OF LEASE 8.01 3rd party: TFS will not assign this Lease or any part of this Lease to a third party entity that is not a member of The Texas A&M University System or an agency of the State of Texas without prior written consent of LUBBOCK. 8.02 State agency: TFS may assign its interest under this Lease to any agency of the State of Texas, without having to obtain prior consent from LUBBOCK. IfTFS assigns such an interest, TFS will send written notice to LUBBOCK within thirty (30) calendar days of the assignment. 8.03 Lease survival: fu the event ownership and/or operating responsibility of the Leased Premises is assumed by an entity other than LUBBOCK, TFS reserves the right to require the new entity to continue to honor the terms and conditions of this Lease. ARTICLE9 SUBLEASE 9.01 3rd party: TFS will not sublease any of the services, privileges, licenses, Premises without prior written consent of LUBBOCK. 9.02 State agency: TFS may sublet its interest under this Lease to any agency of the State of Texas, without having to obtain prior consent from LUBBOCK. If TFS sublets, TFS will send written notice to LUBBOCK within thirty (30) calendar days of the subletting. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.01 Maintenance: LUBBOCK agrees to maintain the Leased Premises in good repair and condition during the continuance of this Lease, except in the case of damage arising from the act or negligence of TFS, its agents or employees. For emergency and security purposes, and for maintaining the Leased Premises, LUBBOCK reserves the right, at 1 A System Real Estate Office ~OFFICIAL DOCUMENT Page? ofll City of Lubbock 2004-2005 SREO No. 04110016 2003-0005922 01/09/2004 reasonable times, to enter and inspect the Premises and to make any necessary repairs or adjustments. 10.02 Notice: Notices required under this Lease must be given by certified mail, registered mail, ot personal delivery, addressed to the party listed below. LUBBOCK and/or TFS can change the notice address by sending to the other party a notice of the new address. Notice shall be deemed effective on the date of receipt, if said notice is delivered by personal delivery, or the third (3rd) business day after such notice is deposited in the United States mail, postage prepaid, properly addressed to the other party as provided below. Notices should be addressed as follows: LUBBOCK: City of Lubbock 1515 East Ursuline Street Lubbock, Texas 79403 Attn: FDP Chief Steve Hailey Phone: 806-775-2630 Fax: 806-775-3510 TFS: Texas Forest Service John B. Connally Building, Ste. 364 301 Tarrow College Station, Texas 77845 Attn: Dolores S. Stephens Phone: 979-458-6600 Fax: 979-458-6610 copy to: Texas Forest Service -Fredericksburg Office P.O. Box 1032 Fredericksburg, Texas 78624 Attn: Jill Moreland Phone: 830-997-5426 Fax: 830-997-3763 Email: jmoreland@tfs.tamu.edu System Real Estate Office The Texas A&M University System 200 Technology Way, Suite 1151 College Station, Texas 77845-3424 10.03 Force Majeure: Neither LUBBOCK nor TFS is required to perform any term, condition, or covenant of this Lease, if performance is prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, or other similar occurrence, the cause of which is not reasonably within the control of either LUBBOCK or TFS, and which by due diligence either is unable to prevent or overcome. >On<">r<><>or::_.:-_. -z =-=-=, :i {//~~System Rell!! Estate Offit.:e ~ ~ OFFIC!AL DOCUMENT~ ,; .. · .. ~ Page 8 ofll City of Lubbock 2004-2005 SREO No. 04110016 2003-0005922 01/09/2004 10.04 Governing Law: This Lease is construed under and in accordance with the laws of the State of Texas, and is perfonnable in Lubbock County, Texas; however, mandatory venue shall be provided by §85.18, Texas Education Code, for legal proceedings against TFS pertaining to this Lease, to the extent the same is applicable. 10.05 Entire Agreement: This Lease constitutes the complete agreement of LUBBOCK and TFS and supercedes any prior understanding, written and/or oral agreement(s) between them regarding the issues covered by this Lease. 10.06 Savings Clause: If any tenn, provision, covenant, or condition of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions will remain in full force and effect and will not be affected, impaired or invalidated. 10.07 Current Revenues: Each party paying for the perfonnance of governmental functions or services must make those payments from current revenues available to the paying party. EXECUTED in duplicate originals this 9th day of ____ J_un_e ___ __, 2004 by LUBBOCK, by its authorized agent. ATTEST: go~b ~r Rt; ecca Garza \::> City Secretary APPROVED AS TO CONTENT: A system Real Estate omce w OFFICIAL DOCUMENT By: Page 9of11 City of Lubbock 2004-2005 SREO No. 04110016 2003-0005922 01/09/2004 ' ,,1 APPROVED AS TO FORM: - ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public for the State of Texas, on this day personally appeared MARC MCDOUGAL, Mayor, for the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed for the purposes and consideration therein expressed, and in the capacity therein · stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this CJ ~ day of n,, · · 2004. ~ e CELIAWEBB Nallry Pubic, Sim of,... My Colllmilllion &pill °""°1-2008 . ·~ No~ State of Texas My Commission Expires: 03-0/--i..oo <o EXECUTED in duplicate originals this .J2_ day of_~n1--.....-A~V.,__ ___ _., 2004 by TFS, by its duly authorized agent. 7- "TFS" TEXASF · ector Texas Forest Service The Texas A&M University System A System Real Estate Office w OFFICIAL DOCUMENT Page 10of11 City of Lubbock 2004-2005 SREONo.04110016 2003-0005922 01/09/2004 ,.., rr: RECOMMEND APPROVAL: DANK. APPROVED AS TO FORM: Senior Staff Attorney Office of General Counsel STATE OF TEXAS § § COUNTY OF BRAZOS § ACKNOWLEDGMENT BEFORE ME, the undersigned authority a Notary Public for the State of Texas, on this day personally appeared JAMES B. HULL, Director, Texas Forest Service, The Texas A&M University System, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it as the act and deed of the Board of Regents, The Texas A&M University System, for the pwposes and consideration therein expressed, and in the capacity therein stated. GNEN UNDER MY HAND AND SEAL OF OFFICE this l 9 +?-'day of ..... M........,.c:c"""""~-- , 2004. . ~\ ~~~ . Notary PubiiC)StatOfTuxas My Commission Expires: C 7 -tC o -c 7 LAURA THOMPSON MY COMMISSION EXPIRES Jutf 3, 'JSX}7 A System Rea! Estate Office ~ OFFtCJAt DOCUMENT Page 11 ofll City of Lubbock 2004-2005 SREO No. 04110016 2003-0005922 01/09/2004