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Home My WebLink AboutResolution - 2008-R0223 - Lease Agreement - Eleven Entertainment, LLC - 06_26_2008Resolution No. 2008-RO223 June 26, 2008 Item No. 5.13 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 Eleven Entertainment LLC, dba Louie Louie's, 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 City Council. Passed by the City Council this 26th day of June , 2008. <��///-Ow� TOM MARTIN, MAYOR ATTEST: Rebecca arza, City Sec et � �APPROVED AS TO CONTENT: Dave Booher, Right of Way Agent APPROVED AS TO FORM: Chad Weavei, Assistant City Attorney I as/ccdocs/Res-Lease Agrmnt-Eleven Entertainment LLC Resolution No. 2008-RO223 LEASE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Agreement of Lease is entered into as of the day set forth below, by and between the CITY OF LUBBOCK, LESSOR, and ELEVEN ENTERTAINMENT LLC, dba Louie Louie's, LESSEE, who in consideration of the mutual agreements contained herein, does hereby contract and agree as follows: I. LESSOR subject to the terms and provisions herein, hereby leases unto LESSEE for a term of two (2) years, beginning June 26, 2008, and ending June 25, 2010, subject to earlier termination as provided in this Lease Agreement, the parking lot portions of the following described tract of land (the "Leased Premises"): Lots 3, 9, 10, 11, Block 2, Dupree Addition, to the City of Lubbock, Lubbock County, Texas. II. LESSEE, shall pay the sum of Two Hundred Eighty Dollars ($280.00) 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 (It) day of each month as rental for the lease of the Leased Premises during the two (2) year term of this lease, the first payment being due, contemporaneously with the execution of this lease as of June 26, 2008 . 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 shall pay the lesser of (i) 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; or (ii) the maximum charge for delinquent payment of rent, allowed by applicable state, federal or local statute, regulation, rule, order or ordinance. Daily late charges shall not exceed $25.00 for any single month's rent. IV. The purpose for which the Leased Premises 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 Lease 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 Leased Premises, create or allow any nuisance to exist on the Leased Premises, or use or allow the leased Premises to be used for any unlawful purpose. VI. LESSEE, at its own expense, will maintain and keep the Leased Premises in good repair and condition for vehicular use. LESSEE will also keep and maintain the Leased Premises and keep such free from debris, trash and refuse. In this regard, Lessee shall remove all trash, litter and debris from the Lease Premises after the close of business on each day Lessee is operating or conducting business. 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 Leased Premises by any acts of God, including storms. VII. LESSOR represents that the Leased Premises are in fit condition for the use as described in Paragraph IV. LESSEE agrees to accept the Leased Premises on possession as being in good state of repair and suitable for such use and purposes. LESSEE agrees to surrender the Leased Premises to LESSOR at the end of the lease term, in the same condition as when LESSEE took possession, allowing for reasonable use and wear. VIII. Partial destruction of the Leased Premises shall not terminate this Lease, nor shall it render this lease void or voidable, except as provided in this Lease. IX. LESSEE HEREBY HOLDS LESSOR HARMLESS, AND INDEMNIFIES LESSOR, FROM AND AGAINST ANY AND ALL PAYMENTS, EXPENSES, COSTS, REASONABLE ATTORNEY'S FEES, AND ALL CLAIMS, LIABILITIES, LOSSES OR DAMAGE, INCLUDINGWITHOUT LIMITATION, PAYMENTS, EXPENSES, COSTS, REASONABLE ATTORNEY'S FEES, CLAIMS, LIABILITIES, LOSSES OR DAMAGES TO PROPERTY OR INJURIES TO PERSNONS, OF ANY KIND OR TYPE, CAUSED WHOLLY OR IN PART BY, RESULTING FROM, OR RELATED TO THE NEGLIGENCE OF LESSOR, OR ANY ACT OR OMISSIONS BY LESSEE OR LESSEE'S CUSTOMERS, GUESTS, LICENSEES, AND/OR INVITEES, UNDER THE TERMS HEREOF OR FOR ANY CAUSE WHATSOEVER ARISING OUT OF, RELATED TO OR BY REASON OF THE USE OR OCCUPATION OF THE LEASED PREMISES BY LESSEE OR LESSEE'S CUSTOMERS, GUESTS, LICENSEES OR INVITEES. Further, LESSEE shall procure and carry throughout the term of this Lease, insurance as specified in Exhibit "A", hereto. Pa X. No improvements of any kind or type 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. 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 shall be payable by LESSEE 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, such consent to be at the sole discretion of 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 (a "Default"), if said Default shall occur and be continuing after then (10) days written notice by LESSOR delivered or mailed to last known address of LESSEE at 1703 Texas Avenue, Lubbock, TX 79401, describing said Default. XV. Should the use by the City of the Leased Premises become necessary for other City purposes, at LESSOR's discretion, LESSOR may terminate this Lease upon ten (10) days written notice to LESSEE. LESSEE will be pro -rated any rent prepaid at the time of such termination. XVI. Parking on the Leased Premises by LESSEE shall be allowed between the hours of 6:00 p.m. to 2:00 a.m., Monday through Sunday. Except as expressly authorized herein, LESSEE shall have no rights or privileges to utilize the Leased Premises. XVII. If there is a need for the LESSOR to utilize all or part of the Leased Premises during the term hereof, LESSEE shall be prohibited from occupying, in any way, the Leased premises, or applicable portion thereof, as provided in the notice to LESSEE provided at least seventy-two (72) hours in advance of the time or times of the City's use of the Leased Premises, or applicable portion thereof. The LESSEE's rights to utilize the Leased Premises granted hereunder shall be deemed subordinate to the rights of LESSOR. EXECUTED on this 26th CITY OF LUBBOCK �0�*/...* �- TOM MARTIN, MAYOR APPROVED AS TO CONTENT: Dave Booher, Right -of -Way Agent APPROVED AS TO ORM: Chad Weaver, Assistant City Attorney day of ,Tune , 2008. ELEVEN ENTERTAINMENT, LLC, dba Louie L *e's BY: Ron Wilson TITLE: 4 Resolution No. 2008-RO223 Exhibit "A" General Liability: LESSEE's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: • Bodily Injury and Property Damage • Broad form Contractual Liability • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations Other Insurance Requirements: LESSEE shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. A copy of the required endorsements and waivers of subrogation shall be included in the certificate. LESSEE's insurance policy through policy endorsement must name LESSOR as an additional insured and include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance described below must reflect that the above wording is included in evidenced policies. The policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. gs/att/Lease Agrmnt-Eleven Entertaiment LLC 6/4/08 5