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Home My WebLink AboutResolution - 5734 - Sublease Agreement - Energas Company - Satellite Office Facility - 01_08_1998RESOLUTION NO. 5734 Item #12 January 8, 1998 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 Sublease Agreement with Energas Company for a satellite office facility at 5110 80th Street, attached herewith, which Agreement 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 8th day of January , 199T'. 8 ATT ST: L I., Kay ' arnell, City Secretary APPROVED AS TO CONTENT: J. Robert Massengale, Managing Director of Electric Utilities APPROVED AS TO FORM: Anrnn,willard, Assistant City"Attorney da/cedoca/energas.res August 19, 1997 RESOLUTION NO.5734 Item #12 January 8, 1998 SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT is made and entered into as of the 8th day of January 1991; . JEW by and between THE CITY OF LUBBOCK, TEXAS, a municipality ("Tenant"), and ENERGAS COMPANY, a division of Atmos Energy Corporation, a Texas and Virginia corporation ("Landlord"). WITNESSETH: Subject to the terms and conditions set forth in this Sublease, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, as more fully described below, a portion of the real property located at 5110 80th Street, Lubbock, Texas, together with a portion of the building or buildings and other improvements thereon and all rights, privileges, easements, and appurtenances belonging to or in any way pertaining to such portion of the real property. TO HAVE AND TO HOLD the same subject to the following: 1. Sublease. Landlord holds a lease from Gilliland Group Partnership on the real property located at 5110 80th Street, Lubbock, Texas (the "Real Property"). Tenant shall sublease from Landlord for the term set out below the front lobby/cashier area (approximately 2,117 square feet) and drive up window (the "Leased Premises") of the Real Property for the operation of a satellite office for Lubbock Power and Light Company customer transactions. 2. Lease Term. The term of this Sublease shall be for a period of one (1) month, corr.nencing on Jan 8 , 1998 and continuing in full force and effect until Dec 31 , 1998, and month-to=iribhth thereafter unless and until terminated by either party hereto upo3n written notice to the other party thirty (30) days prior to the end of any monthly term. 3. Rent. (a) Tenant agrees to pay to Landlord, as rent for the Leased Premises, a monthly rental of One Thousand Two Hundred Thirty -Five Dollars ($1,235.00), payable without demand in advance due on or before the first day of each month, commencing on Feb 1 , 199*8 and continuing thereafter until the,expiration or termination of this Sublease, provided, however, that in the event the term hereof shall commence or end on a day other than the first or last day of a calendar month, the rent for any fractional calendar month shall be prorated by days. (b) Rent shall be paid to Landlord at Landlord's address set forth in Subparagraph 9(b) of this Sublease. I 4. Insurance. (a) Tenant shall maintain, at its sole cost and expense, insurance on its personal property and trade fixtures in the Leased Premises to insure against fire and casualty losses. 5. Utilities, Maintenance and Repair. Landlord shall pay all utility charges for the Leased Premises, including charges for gas, water, sewer and electricity. Tenant shall pay, directly to its provider, all charges for telephone services. Landlord shall keep and maintain the Leased Premises in good repair and condition, provided, however, that Landlord shall not be required to maintain or make any repairs to any part of the Leased Premises that are made necessary by the negligence or misconduct of Tenant. Landlord shall also provide janitorial services for the Leased Premises at Landlord's expense. 6. Indemnification. (a) Tenant hereby agrees to indemnify and hold harmless Landlord and Landlord's directors, officers, employees, representatives and agents from and against any injury to persons or damage to property on the Leased Premises or on or near the Real Property caused by the negligence or misconduct of Tenant or its directors, officers, employees, subtenants, agents, or licensees or any other person entering the Leased Premises or the Real Property under the express or implied invitation of Tenant or arising out of the use or occupancy of the Leased Premises by Tenant in the conduct of its business therein or out of any breach or default by Tenant in the performance of its obligations hereunder. (b) Landlord hereby agrees to indemnify and hold harmless Tenant and Tenant's directors, officers, employees, representatives and agents from and against any injury to persons or damage to property on the Leased Premises or on or near the Real Property caused by the negligence or misconduct of Landlord or its directors, officers, employees, representatives or agents. 7. Assignment and Subleasing. Tenant shall not, without the prior written consent of Landlord, assign its interest in this Sublease, sublet the Leased Premises or any portion thereof, or mortgage, pledge, hypothecate, or otherwise encumber the Leased Premises or any portion thereof. 8. Events of Default and Remedies. (a) Defaults by Tenant are (i) failing to timely pay Sublease rent; or (ii) abandoning or vacating a substantial part of the Leased Premises. (b) Landlord's remedies for Tenant's default are to (i) enter on and take possession of the Leased Premises, after which Landlord may relet the Leased Premises on behalf of Tenant and receive the Sublease rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord for any expenditure made in order to relet; or (ii) terminate this Sublease by written notice and sue for damages. 9. Miscellaneous. (a) This Sublease constitutes the entire agreement between Landlord and Tenant with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral and written, between Landlord and Tenant with respect to the subject matter hereof. (b) All notices given pursuant to the terms of this Sublease shall be in writing and shall be sufficient in all respects if delivered by hand or mailed by certified mail, postage prepaid, as follows: If to Landlord: Energas Company, a division of Atmos Energy Corporation 5110 80th Street Lubbock, Texas 79408 Attention: Mr. Eugene Ehler President If to Tenant: The City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Attention: Director of Electric Utilities Any notice given in any manner described above shall be deemed effective upon actual receipt by the party to whom such notice is sent. Addresses may be changed on notice to the other party given pursuant to this Subparagraph 9(b). (c) This Sublease shall be binding upon and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns, and is solely for the benefit of Tenant and Landlord and not for the benefit of any other person or entity not a party hereto. (d) THIS LEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 3 IN WITNESS WHEREOF, the parties hereto have executed this Sublease Agreement as of the date first written above. COMPANY, a division THE CITY OF LUBBOCK, TEXAS Atmos er. Cokorati n ` r B Eugene Ehler Vindy Sittott Presid t Mayor ATTEST: By:. L"L kayt101Damell City &6retary APPROVED AS TO CONTENT: B Y• obert Massengale Director of Electric Utilities APPROVED AS TO FORM: flarBy: � old Willard City Attorney STATE OF TEXAS § § COUNTY OF LUBBOCK § 8 This instrument was acknowledged before me on 1990, by Windy Sitton, Mayor of City of Lubbock, municipality. ' Notary PubHC, $1ft of TM101 �� iii �` • MY Cotlltp sft EON m•oeroi c, ;. -f Notary Public Signature Notary Public Printed or Typed Name My Commission Expires: 10 • oe. o STATE OF TEXAS ¢ COUNTY OF DALLAS ¢ This instrument was acknowledged before me on � �� g . 199J by Eugene/t, Ehler, President of Energas Company, a division of Atmos Energy Corporation, on behalf of said Company. M 0 F pop MRBM COM sk"Cotam Notary Public Signature . R>a r ba ra Od y Notary Public Printed or Typed Name My Commission Expires:3, 612000