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HomeMy WebLinkAboutResolution - 4533 - Lease Agreement-Williams & Peters Inc-Equipment_Vehicle Storage, Hot Mix Plant - 06_23_1994Resolution No. 4533 June 23, 1994 Item #33 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 Williams & Peters Construction, Inc., for equipment and vehicle storage and a hot mix plant and materials, which lease agreement is attached hereto, 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 23rd day of June 1994. ATTEST: Betty M. J hnson, City Secretary TO C VED AS TO Assistant City Attorney DG V : dp\G:\ccdocs\W i1m3Ptr.Res June 9, 1994 Resolution No. 4533 June 23, 1994 Item #33 LEASE AGREEMENT Preamble -Persons and Premises This lease agreement is made and entered into this 23rd day of June 19 94 , by and between CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation, referred to in this lease as Lessor, and Williams & Peters Construction Inc., referred to in this lease as Lessee. Lessor leases to Lessee, and Lessee leases from Lessor, the premises, referred to in this lease as the leased premises. BEGINNING at the Southwest corner of Section 11, Block B, Lubbock County, Texas; THENCE North along the section line 500.00 feet to a point; point being the Northwest corner of this tract; THENCE East 550.00 feet to a point; point being the Northeast corner of this tract; THENCE South 500.00 feet to a point; point being the Southeast corner of this tract; THENCE West 550.00 feet along the South section line to the Point of Beginning. Term 1. The term of this lease shall be one (1) year, commencing on the date of execution hereof, unless terminated earlier as provided in this lease. This agreement may extend for additional one (1) year terms upon mutual written agreement of the parties. Postponed Delivery 2. If Lessor is unable to give possession of the leased premises on the above commencement date for any reason whatsoever, Lessor shall not be subject to any liability, nor shall the validity of this lease be affected nor the term of this lease extended. Under such circumstances, the rent under this lease shall not commence until the possession of the leased premises is tendered to Lessee; provided, however, that in the event the possession of the leased premises is not tendered by Lessor to Lessee within ten (10) days following the above commencement date, then at any time after that ten (10) day period, and prior to tender by Lessor of possession, Lessee may terminate this lease by written notice to Lessor. On receipt of the written notice by Lessor, all rights and obligations of both parties under this lease shall cease. Rent 3. Lessee shall pay to Lessor at City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457, Attention Property Manager or at such other place or places as Lessor may from time to time designate by written notice served on Lessee, without deduction or offset of any kind, as rent for the leased premises, the sum of $500.00 for each calendar month of the term, payable in advance on the first day of each such calendar month, except that the rent for the first month shall be paid at the time of execution of this lease by Lessee. For any period less than a full calendar month, the monthly rental shall be proportionately reduced. 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 $20.00 plus a late charge of $5.00 per day thereafter until all delinquent rent and late charges are paid in full. Daily late charges shall not exceed $60.00 for any single month's rent. In addition to payment of all late charges that become due, lessee agrees to pay a $15.00 charge for each returned check. Deposit Lessee shall pay to lessor a security deposit in the amount of $500.00 which shall secure the performance of Lessee's obligations hereunder. Lessor may, but shall not be obligated to, apply all portions of said deposit on account to Lessee's obligations hereunder. Any balance remaining upon termination shall be returned to Lessee. The balance of the security deposit shall be returned Lessee within two weeks from the date possession is delivered to Lessor, together with a statement showing any charges made against the deposit by Lessor. Privileges 4. Lessee is entitled to use the area for equipment and vehicular parking and a hot mix plant and materials. Lessee agrees not to wash, service or disassemble any motor vehicle on the leased premises without the consent of Lessor. 5. Lessee must pay promptly as they become due all charges for the furnishing of water, electricity, garbage service, and other public utilities to the leased premises during the term of this lease, if any. Use of Leased Premises 6. The leased premises shall be used solely and exclusively for equipment and vehicular parking purposes and a hot mix plant and materials, and shall be occupied only by Lessee. The leased premises shall be used for no other purpose without the written consent of Lessor. Lessee will not make or permit any use of the premises, or do or permit any act, including the keeping of anything, in or about the premises, which, directly or indirectly, will violate any law, ordinance, or regulation. Lessee shall comply with all laws, ordinances, and governmental regulations, and with any direction of any public officer, pursuant to law, which imposes any duty on Lessee with respect to the leased premises or the occupation of the leased premises. Inspection by Lessor 7. Lessee shall permit Lessor and Lessor's agents to enter the leased premises at all reasonable times for the purpose of inspecting the same. Right of Entry for Repairs 8. Lessor reserves the right to enter the leased premises at all reasonable hours (and if, in the opinion of Lessor, an emergency exists requiring immediate action, at any time) to make replacements, repairs, and restorations and to carry out any work or activities in connection with the improvement, safety, protection, or preservation of the leased premises. LEASE AGREEMENT - Page 2 Condition of Premises 9. Lessee has examined the premises and accepts the same as being clean and in good condition and repair. Lessee shall, throughout the term of this lease, keep the leased premises in clean and good condition and shall surrender the same at termination in as good condition as received. Lessee shall be solely responsible for any cleaning required due to any spills of fuel, oil or other hazardous substances and compliance with all environmental laws or regulations. Alteration of Premises 10. Lessee shall make no alterations without Lessor's prior written consent, which Lessor may condition in any manner, or may refuse, in accordance with its sole determination, which shall be conclusive. All such alterations which may be approved by Lessor shall be at the sole expense of Lessee, and Lessee agrees to hold Lessor harmless from all liabilities in any way connected with them. Responsibility 11. Lessor shall not be liable, and Lessee waives all claims, for injury to or death of persons or damage to or loss of property sustained by Lessee or Lessee's invitees or guests resulting from the leased premises or any part of it or any of its equipment or appurtenances being out of repair, or resulting directly or indirectly from any act or neglect of any tenant or occupant of the leased premises or of any other person, or from any other cause whatsoever except the gross negligence of Lessor. Lessee shall be responsible for all damages caused by his negligence or by the negligence of his family, invitees or guests. End of Term 12. On the expiration or other termination of the term of this lease, Lessee shall quit and surrender to Lessor the leased premises in as good, and as clean, order and condition as such were in at the commencement of the term, and, to the extent required by Lessor, all improvements and alterations made by Lessee shall be removed and the leased premises restored to their condition at the commencement of the term. In the event that, in order to comply with these obligations of Lessee, any repairs, restoration, or cleaning shall be required, they shall be paid for by Lessee. Lessee's obligation under this paragraph shall survive the expiration or other termination of the term of this lease. Termination for Public Purpose 13. In the event it becomes necessary to use the leased premises for a public purpose, Lessor may after 30 days notice to Lessee, declare this lease terminated and may enter into and upon the premises or any part thereof and may repossess the same and expel the lessee and those claiming under him and remove lessee's effects without being deemed guilty in any manner of trespass Holding Over 14. If Lessee remains in possession of the leased premises after the expiration or other termination of this lease, then, Lessee shall be deemed a tenant of the leased premises from month to month and subject to all of the terms and provisions of this lease. LEASE AGREEMENT - Page 3 Joint and Several Tenancy 15. If more than one person executes this lease as a Lessee, their obligations under the lease are joint and several, and any act or notice of or to, or refund to, or the signature of, any one or more of them, in relation to the renewal or termination of this lease, or under or with respect to any of the terms of this lease shall be fully binding on all of the persons executing this lease as Lessees. Remedies 16. All rights and remedies of Lessor enumerated in this lease shall be cumulative, and none shall exclude any other right or remedy allowed by law or provided for in any other section of this lease. Objectionable Conduct; Right to Terminate 17. If Lessor shall deem objectionable or improper any conduct in or about the leased premises on the part of Lessee, agents, employees, visitors, guests, or licensees, Lessor may give Lessee ten days' notice of intention to terminate this lease and tender any rent already paid on account of the then unexpired term, and at the expiration of that ten day period, this lease shall terminate, and Lessee will then surrender the leased premises to Lessor as provided in this lease. Insolvency, Default, Other Grounds; Right to Terminate 18. If Lessee defaults in the payment of rent or in the prompt and full performance of any provision of this lease, or if the leasehold interest of Lessee be levied on or attached by process of law, or if Lessee makes an assignment for the benefit of creditors, or if a receiver is appointed for any property of Lessee, or if Lessee abandons the premises, then, and in any such event, Lessor may, if it so elects, but not otherwise, with or without notice, either forthwith terminate this lease or, without terminating this lease, forthwith terminate Lessee's right to possession of the leased premises. If, in any such case, Lessor terminates the lease, Lessor shall be entitled to recover from Lessee an amount equal to the rent currently in effect under this lease for the balance of the stated term of the lease, less the then fair rental value of the leased premises for the balance of the term. Repossession of Premises 19. On any termination of this lease, or on any termination of Lessee's right to possession without termination of the lease, Lessor may enter and repossess the leased premises, and remove any and all property from the premises, without being deemed guilty of trespass, eviction, forcible entry, or detainer. Abandoned Property 20. Any and all property of Lessee which may be left in the leased premises after the termination of this lease or Lessee's right of possession for any reason may be handled, removed, or otherwise disposed of by Lessor at the risk and expense of Lessee, and Lessor shall in no event be responsible for any property left in the leased premises by Lessee. Lessee shall pay to Lessor, on demand, all expenses incurred in such disposition, including a reasonable charge for storage, but Lessor shall be under no obligation to provide storage, and Lessee expressly consents to the sale, removal, discard, or any other disposition of the property by Lessor. LEASE AGREEMENT - Page 4 Reimbursement of Lessor's Expenses 21. Lessee shall pay on demand all of Lessors expenses, including attorney's fees, incurred in enforcing Lessee's obligations under this lease. No Waiver 22. A waiver by Lessor of any default or breach of any term, condition, or covenant of this lease by Lessee shall not be deemed to be a waiver of any other breach by Lessee of the same or any other term, condition, or covenant contained in this lease. Interest 23. All amounts (other than rent) owed by Lessee to Lessor under this lease shall be paid within ten days from the date Lessor renders statements of account to Lessee and shall bear interest at the rate of twelve percent per annum after that date until paid. Assignment and Subletting by Lessee 24. Lessee shall not have the right without the prior written consent of Lessor to assign this lease, and any interest in it, and to sublet the leased premises, or any part of the premises, or any right or privilege pertinent to the leased premises. Assignment by Lessor 25. Lessor is expressly given the right to assign any or all of its interest under the terms of this lease. MISCELLANEOUS Notices and Addresses 26. All notices provided to be given under this agreement shall be given by certified mail or registered mail, addressed to the proper party, at the follo�ving addresses: Lessor City of Lubbock Property Manager Box 2000 Lubbock, Texas 79457 .Parties Boand Lessee Dean Williams, President_ Williams & Peters Construction, Inc_ 27. This agreement shall be binding upon and inure to the benefit of the parties to the agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this agreement. LEASE AGREEMENT - Page 5 Texas Law to Apply 28. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created under this agreement are performable in Lubbock County, Texas. Legal Construction 29. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this lease. Prior Agreements Superseded 30. This agreement constitutes the sole and only agreement between the parties to this lease and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this lease. Amendment 31. No amendment, modification, or alteration of the terms of this lease shall be binding unless the same be in writing, dated subsequent to the date of this lease, and duly executed by the parties to this lease. Rights and Remedies Cumulative 32. The rights and remedies provided by this lease agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive that party's right to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Time of Essence 33. Time is of the essence in this agreement. IN WITNESS OF THIS AGREEMENT, the undersigned Lessor and Lessee execute this agreement as of the day and year first above LESSEE: ATTEST: Secretary ATTEST: Betty Nf. J6hmrV City Secretary LEASE AGREEMENT - Page 6 STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF LUBBOCK § This instrument was acknowledged before me by DEAN WILLIAMS of Williams & Peters Construction, Inc. on this 8th day of June My Commission Expires: G2- 1 1— GLo STATE OF TEXAS COUNTY OF LUBBOCK "�)(' J-i diLl Notary Public, tate of Texas 91 .1 1994. MSHELIA 0. MITCHELL "" PAk am of %a NJ Cow � 1141.0 ACKNOWLEDGMENT This instrument was acknowledged before me by DAVID R LANGSTON, Mayor, City of Lubbock, Inc. on this 23rd day of June , 1994. LORI BET& WALKER , zq • � hry PuE6c, Shb � � � NolLc . a my Comm DOW WS96 Notary Public, State of Texas My Commission Expires: 10-23-96 DG V/ddconmRESILEAS.DOC June 2, 1994 LEASE AGREEMENT - Page 7