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HomeMy WebLinkAboutResolution - 2006-R0418 - Lease Agreement With West Texas Nightlife Management LLC - 09_13_2006Resolution No. 2006-RO418 September 13, 2006 Item No. 5.8 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 between the City of Lubbock and West Texas Nightlife Management L.L.C. DBA-The Depot Cotton Club, and related documents. Said 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 13th day of September 2006. DAVID A. MILLER, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS. TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: G. Vandiver Attorney of Counsel gs/ccdocs/Res-Lease Agrmnt-West Texas Nightlife Management 06/ 12/06 Resolution No. 2006-RO418 September 13, 2006 Item No. 5.8 LEASE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Agreement of Lease entered this day by and between the CITY OF LUBBOCK, LESSOR, and WEST TEXAS NIGHTLIFE MANAGEMENT L.L.C. DBA-THE DEPOT COTTON CLUB, LESSEE, in consideration of the mutual agreements contained herein do hereby contract and agree as follows: I. LESSOR hereby leases unto LESSEE for a term of two (2) years, beginning Sept. 13, 2006, and ending Sept. 12, 200Q subject to earlier termination as provided in this Lease Agreement, the parking lot portions of the following described tract of land: The Lots 19, 20, 21, 22, 23 & 24, Block 232, Original Town Addition, to the City of Lubbock, Lubbock County, Texas. II. LESSEE, shall pay the sum of TWO HUNDRED TWENTY-FIVE AND 00/100 DOLLARS ($225.00) per month by check or money order to the CITY OF LUBBOCK, P.O. Box 2000, Lubbock, Texas, 79457, Attention: Property Manager, payable to LESSOR in advance on the first (Vt ) day of each month as rental for the lease of the land herein concerned during the two (2) year term of this lease, the first payment being due, contemporaneously with the execution of this lease as of September 13, 2006 LESSEE, shall pay the rent in advance as aforesaid, as the same shall become due. Rent unpaid after the due date (the first day of each month) is delinquent and will constitute a default by LESSEE. If all rent is not paid on or before the fifth (5) day of the month (the late charge date), LESSEE agrees to pay an initial late charge of $25.00 plus a late fee of $1.00 per day thereafter until all delinquent rent and late charges are paid in full. Daily late charges shall not exceed $25.00 for any single month's rent. IV. The purpose for which the land is to be used is for a parking lot for vehicles as an additional use to business operated by LESSEE. LESSEE will restrict the use of the leased premises for such purpose, and will not use, or permit the use of, the premises for any other purpose without first obtaining the consent of LESSOR in writing. V. LESSEE will not commit, or allow to be committed, any waste on the premises, create or allow any nuisance to exist on the premises, or use or allow the premises to be used for any unlawful purpose. VI. LESSEE, at its own expense, will maintain and keep the premises in good repair and condition for vehicular use. LESSEE will also keep and maintain the premises and keep such free from debris, trash and refuse. If damages occur to the leased premises between 6:00 p.m. and 2:00 a.m. daily or on weekend days and, at the decision of LESSOR, repairs are needed, the LESSEE shall, at its own expense make such repairs. LESSEE will not be responsible for damage done to the premises by any acts of God including storms. VII. LESSOR represents that the premises are in fit condition for the use as described in Paragraph IV. LESSEE agrees to accept the premises on possession as being in good state of repair. LESSEE agrees to surrender the premises to LESSOR at the end of the lease term, if the LEASE is to be renewed, in the same condition as when LESSEE took possession, allowing for reasonable use 'and wear. LESSEE will not be responsible for damage done to the premises by any acts of God including storms. VIII. Partial destruction of the leased premises shall not render this lease void or violable, or terminate it except as provided in this Lease. IX. LESSEE agrees to hold LESSOR harmless from and indemnify LESSOR for all payments, expenses, costs, reasonable attorney's fees, and all claims and liabilities for losses or damage to property or injuries to persons caused wholly or in part by, or resulting from, any act or omissions by LESSEE or LESSEE's customers, guests, licensees, invitees, or for any cause whatsoever arising out of or by reason of the occupancy by LESSEE. X. No improvements are to be placed on leased premises by LESSEE and if they are, they shall be removed by LESSEE immediately at the expense of LESSEE. 2 XI. If LESSEE fails to comply with any conditions and covenants of this lease, LESSOR may perform these conditions and covenants, at the cost and expense of LESSEE, and the cost of the expense will be added to the next installment of rent and will be payable as such. XII. All goods and personal property of any kind in or on the leased premises will be the sole responsibility of LESSEE, and in no event will LESSOR be liable for any loss or damage to these goods or property for any reason whatsoever. XIII. This Lease cannot be assigned in whole or in part by LESSEE except upon the express written permission of such assignment by LESSOR. XIV. This Lease may be canceled and terminated by LESSOR for non-payment of rent or failure of LESSEE, to keep and perform any of its agreements herein contained, such termination to be in the form of ten (10) days written notice by LESSOR delivered or mailed to last known address of LESSEE. XV. Should this property become necessary for other City purposes, LESSOR may enter onto said premises or any part thereof any time after ten (10) days written notice to LESSEE and may repossess the same and expel said LESSEE and those claiming under him without being deemed guilty in any manner of trespass. LESSEE will be pro -rated any rent prepaid at time of repossession. XVI. Parking on this property by LESSEE shall be allowed between the hours of 6:00 p.m. to 2:00 a.m., Monday through Sunday. XVII. If there is a need to have a City of Lubbock after hours meeting on the above described property, the City will give LESSEE (72) hours notice when the meeting is to be held and LESSEE will not utilize the parking lot at the time of the scheduled meeting. 3 EXECUTED on this 13th day of September , 2006. CITY OF LUBBOCK DAVID A. NALLER, MAYOR ATTEST: Rebecc Garza, City Attorney APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Dona G. andiver Attorney of Counsel WEST TEXAS NIGHTLIFE MANAGEMENT, L.L.C. DBA-THE DEPOT COTTON CLUB CHRIS` GONZALES 1717 Crickets Avenue Lubbock, Texas 79401 Res -Lease Agrmnt-West Texas Nightlife Management April 18, 2006 4