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HomeMy WebLinkAboutResolution - 5884 - Lease Agreement - TTU & TTUHSC - 1.43 Acres, Fire Station 19Th & Indiana Avenue - 06_11_1998Resolution No.5884 Item No. 79 June 11, 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 LEASE AGREEMENT and all related documents with TEXAS TECH UNIVERSITY and TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER for the lease of 1.43 acres of land to construct a fire station within the triangle area north of 19d' Street and west of Indiana Avenue. Said Lease Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the Minutes of the Council. Passed by the City Council this 11 th day of May , 1998. AT" ' ST: Parnell, Cilysecretary APPROVED -AS T CONTENT: Steven—Hailey, Fire APPROVED AS TO Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:dklecdou\FME STATION.TX-TECH.RES.doc May 29,1998 MAX L. ICE' MAYOR PRO TEM LEASE AGREEMENT This LEASE AGREEMENT made and entered into by TEXAS TECH UNIVERSITY and TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER, institutions of higher education of the State of Texas, acting by and through their Board of Regents ("LESSOR") and the CITY OF LUBBOCK, a home rule municipal corporation ("CITY"), acting through its duly authorized officials as follows: WHEREAS, the CITY provides fire protection services for LESSOR and nearby areas that are within the boundaries of the City of Lubbock; and WHEREAS, the CITY desires to construct a fire station on land owned by LESSOR; and WHEREAS, LESSOR desires to have the added convenience and security provided by a fire station on the premises; NOW, THEREFORE, in consideration of the mutual benefits to the parties hereto, it is mutually agreed as follows: I. LEASED PREMISES LESSOR hereby leases to CITY the surface only of the site specifically identified on Exhibit A attached hereto and made a part hereof, hereinafter referred to as the "LEASED PREMISES". "LEASED PREMISES" as described in Exhibit A is a tract comprising approximately 1.43 acres of land located within the "triangle area" north of 19th Street and west of Indiana Avenue, Lubbock County, Lubbock, Texas. II. TERM OF LEASE le term of this Lease Agreement shall be fifty (50) years, beginning 1998, unless earlier terminated or extended in accordance with the pro sions of this LEASE AGREEMENT. CITY shall pay to LESSOR the sum of one hundred thousand dollars ($100,000.00) upon execution of this Lease; one hundred thousand dollars ($100,000.00) on June 15 of 1999, 2000, 2001, and 2002; and one dollar ($1.00) per year thereafter for the remaining term of this LEASE AGREEMENT. CITY RESPONSIBILITIES A. Use of Premises: The LEASED PREMISES covered by this LEASE AGREEMENT shall be used only for the purpose of constructing, maintaining and operating a Fire Station. B. Construction on Premises: CITY will construct or cause to be constructed a Fire Station in accordance with plans for appearance and architectural design which comply with the University requirements for construction on campus and that have been mutually agreed in writing between CITY and LESSOR. C. Maintenance of Premises: CITY at all times, shall be obligated and solely responsible for all repairs and maintenance necessary to maintain the LEASED PREMISES, and all Facilities and improvements thereon in good condition, in a condition that is and will remain in compliance with all local, state, federal and other applicable laws and regulations, including University grounds maintenance standards. IV. LESSOR RESPONSIBILITIES A. Access from Fire Station: 1. LESSOR shall provide engineering services, construction, and maintenance for a new "temporary" road to be known as Knoxville Avenue (hereinafter "new Knoxville") to provide access from the fire station site South to 19th Street. 2. New Knoxville Avenue as a "temporary" road shall be a minimum width of 32 feet inside a 52-foot total right-of-way. All plans for design of the "temporary" road shall be approved by the City engineer prior to construction. 3. LESSOR grants to CITY the exclusive right to use new "temporary" Knoxville for fire department access only, during the period of time that new Knoxville is a "temporary" road. The temporary new Knoxville Avenue shall be designed for a life of five to ten years. LESSOR grants to City the right to use new "permanent" Knoxville as access to the LEASED PREMISES from the date it replaces "temporary" new Knoxville until the end of this Lease. LESSOR shall at all FIRE STATION LEASE - Page 2 times retain ownership in both the "temporary" and the "permanent" new Knoxville Avenue, with CITY'S rights to the road being that of an easement for the purpose of gaining access to the LEASED PREMISES. LESSOR shall at all times have access to the road for purposes of road maintenance and repairs. 4. LESSOR agrees to provide for engineering, construction and maintenance of either a "permanent" new Knoxville at the end of the "temporary" period or other "permanent" access to the fire station that is agreeable to the City and shall protect and insure fire department access during any period of construction. Any "permanent" access shall be of a size that is mutually agreed upon by LESSOR and CITY. New "permanent" road construction shall conform with the standard design, layout and plans for the construction of all pavement for streets and drainage structures in the City of Lubbock, according to the most recent applicable specifications approved by the City Council. Paving shall include curb and gutter sections as described in Section 24-86 of the City of Lubbock Code of Ordinances. All plans for street and drainage structures for "permanent" access shall be approved by the City engineer prior to construction. 5. LESSOR will erect barricades to prevent public access to both the "temporary" and the "permanent" new Knoxville during events held in the new Spirit Arena. B. Intersection and Traffic Signal 1. It is anticipated that the Texas Department of Transportation will provide all construction costs for the intersection of Knoxville Avenue and 19`h Street, and will install an emergency access signal light for this intersection. If the Texas Department of Transportation provides the emergency access signal light for the intersection, CITY agrees to pay LESSOR the sum of $50,000.00 to be used for construction costs for the new Knoxville Avenue and the intersection of the new Knoxville Avenue and 19'h Street. If the Texas Department of Transportation does not provide the emergency access signal light, CITY shall provide an emergency access signal light for this intersection. If the Texas Department of Transportation does not provide funding for the construction costs for the intersection, LESSOR shall provide funding for construction of the emergency vehicle access at the intersection of 19`h Street and the new "temporary" Knoxville Avenue. 2. LESSOR shall provide funding for a new traffic intersection and for conversion to a full intersection traffic signal at the intersection of 19th Street and the new "permanent" Knoxville Avenue. LESSOR shall also provide a. full intersection traffic signal at the intersection of the new Knoxville and the proposed Texas Tech Boulevard. FIRE STATION LEASE - Page 3 3. LESSOR will allow City of Lubbock Traffic Engineering to place Opticom traffic pre-empt controls at CITY's cost, on all signals as requested by CITY. V. ASSIGNMENT AND SUBLETTING The CITY shall not assign or sublet this Lease or otherwise transfer ownership of the Facilities (i) other than for use as a fire station; and (ii) without the prior written consent of LESSOR, which consent will not be unreasonably withheld. VI. EXTENSION TERMINATION OR ABANDONMENT A. Extension The term of this Lease may be extended by written agreement signed by both parties. B. Termination This Agreement may be terminated at any time by written agreement signed by both parties. C. Abandonment Upon abandonment of the Facilities during the term of this Agreement, as evidenced by CITY's ceasing to operate the Facilities as a fire station for a period of 90 days, or by CITY's notification to LESSOR of such abandonment, ownership of the Facilities shall revert to LESSOR, as owner of the real property, and this LEASE AGREEMENT will terminate. VII. NO PARTNERSHIP JOINT VENTURE OR LENDING OF CREDIT INTENDED It is specifically agreed that the parties do not intend by this Agreement to create any species of partnership, joint venture or other legal entity between them. The rights and obligations of the parties are to be governed strictly by this Agreement, and it is not intended that there shall be any lending of credit by one party to the other or that either party shall be entitled to create any obligation binding on the other party not specifically provided for herein. All funds expended by either party in connection with this agreement shall be paid from current revenues available to that entity. Nothing herein shall be construed as a loan or pledge of credit or assets by either party as prohibited by Article 3 Section 52 of the Texas Constitution or otherwise. FIRE STATION LEASE - Page 4 VIII. INDEMNITY LESSOR shall not be liable to CITY or CITY'S employees, patrons, visitors, or to any other person, for any damage to person or property, caused by CITY or CITY'S employees, or due to any buildings on said premises or any appurtenances thereto being improperly maintained or being or becoming out of repair, nor for any part of any buildings of which the leased premises form a part. CITY accepts such premises as suitable for the purposes for which the same are leased and accepts such premises on an as is condition, and waives any defects therein, and agrees to hold LESSOR harmless from any and all claims of any nature whatsoever, including but not limited to claims for damages arising out of any injury to or death of any person or persons and for damage to or loss of property arising out of or attributed directly or indirectly to the operations, construction, or maintenance activities of the CITY hereunder whether on or off the leased premises. Insofar as Texas law allows, however, CITY shall not be liable to LESSOR or LESSOR'S employees, students, patrons, or visitors, or to any other person for any damage to person or property caused by LESSOR. IX. ENTIRE AGREEMENT The provisions contained in this writing including all exhibits shall constitute the entire agreement between the parties hereto irrespective of any discussions, negotiations, exchange of data and information from and between LESSOR and its agents, employees, or consultants, and the CITY. X. SEVERABILITY If any term or provision of this Agreement is held to be invalid for any reason, the invalidity of that section shall not effect the validity of any other section of this Agreement provided that any invalid provision is not material to the overall purpose and operation of this Agreement. The remaining provisions of this Agreement shall continue in full force and effect and shall not be affected, impaired or invalidated. M APPLICABLE LAW The laws of the State of Texas shall govern the validity, performance and enforcement of this Agreement and the venue for legal proceedings shall be Lubbock County, Texas. FIRE STATION LEASE - Page 5 BINDING EFFECT This agreement shall be binding on the parties hereto, their successors and assigns. XIII. FILING A memorandum of agreement and acknowledgment shall be filed of record. MADE AND ENTERED into this 26th day of June , 1998 by: LESSEE: CITE LUIEMOCK Wm y Sitton, a r A EST: Ka'ka*j Darnell, City Secretary n?S APPROVED AS TO CONTENT: Steven Hailey, Fire C APPROVED AS TO F Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:Disk 11 Itt-lease June 15, 1998 LESSOR: TEXAS TECH UNIVERSITY TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER Chancellor Counsel, Texas Tech University FIRE STATION LEASE - Page 6