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HomeMy WebLinkAboutResolution - 2005-R0370 - Lease Agreement - Monte L Bolton - COL Radio Shop - 08_25_2005Resolution No. 2005-RO370 August 25, 2005 Item 20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with Monte L. Bolton and any associated documents for lease of the premises at 1915 Texas Avenue for use as the City of Lubbock Radio Shop, a copy of which Lease Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 25th day of August , 2005. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Mayk YearwUd, Managing Director of Information Technology APPROVED AS TO FORM: Dofm d G. Vandiver, Attorney of\e-oumel ' D Dres/Rad i o Shopi.easeRes August 4, 2005 Resolution No. 2005-RO370 LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement is made and entered into this 25th day of August , 2005 by and between Monte L. Bolton, hereinafter referred to as Lessor and the City of Lubbock, Texas, a home rule municipal corporation, hereinafter referred to as Lessee: WITNF-SSETH: BASIC LEASE TERMS A. Description of Leased Premises — The Lessor does by these presents lease and demise unto the Lessee certain property being situated in the City of Lubbock owned by Lessor and located at 1915 Texas Avenue, which is further described as Lots 41 and 42, Block 1, Dupree Addition to the City of Lubbock, Lubbock County, Texas, to be used as the City of Lubbock radio shop for the installation and repair of vehicle radio systems.. B. Lease Term — This lease shall begin September 1, 2005, and shall be for five (5) years. Thereafter, the lease will automatically renew for two additional five year terms unless either party gives written notification of termination 60 days before the end of the current five year term at the time of notice. C. Consideration — The Lessee shall pay to Lessor in Lubbock, Texas, as consideration for this Lease the sum of $1,500.00 per month beginning September 1, 2005. Lessee shall pay all utilities for the leased premises. Lessor shall be responsible for all property taxes. II. REQUIREMENTS OF LESSOR A. Prior to Radio Shop occupation of the building, the Lessor shall have the two (2) hydraulic lifts serviced and tested for integrity by a qualified independent third party testing/service company. A written report of the results shall be provided to the Lessee. B. Prior to Radio Shop occupation of the building, the Lessor shall remove and properly dispose of any residues in the grit trap basin and floor drain system. A copy of any lab reports and/or disposal manifests shall be provided to the Lessee. II. DUTIES OF LESSEE A. Use of Leased Premises Lessee shall use the leased premises for Radio Shop purposes only, unless Lessee obtains prior written consent from Lessor allowing another use. B. Acceptance and Condition of Leased Premises — Lessee hereby agrees to accept the leased premises in its present condition if the Lessor completes the two items named in the Lessor Requirements section of this lease. Lessee agrees to keep and maintain the leased premises in good repair and to be responsible for all maintenance and repairs within the leased premises, except for roof repairs, sewer drain line repairs other than usual blockage, heating and air conditioning repairs, and water heater(s) repairs/replacements, which shall all be the responsibility of the Lessor, and upon the expiration or termination of the Lease Agreement to return said premises to Lessor in as good a state of repair as received, usual wear and tear excepted. C. Alterations, Improvements or Partitions — Lessee must obtain written consent from Lessor prior to placing any partitions in the leased premises or making any alterations or improvements to the leased premises. Any alterations, improvements or partitions shall be at the sole expense of Lessee and must be in full compliance with all laws and regulations concerning fire and safety and sprinkler systems. It is also understood that Lessor will not consent to any structural alterations of the leased premises. D. Assignability of Lease — Lessee shall not, without prior written consent from Lessor, transfer or assign any interest in this Lease Agreement or sublet any portion of the leased premises. It is further agreed the Lessee shall store in said leased premises motor vehicles and miscellaneous property which belongs to and is the property of the Lessee, or for which Lessee has legal custody, and shall not store motor vehicles or any other property in the said leased premises for which, Lessee does not have title or custody, or which is not being held in said premises for Lessee's business purposes. E. Ste— Lessee shall not use the premises or any part thereof for the erection or display of any advertising material or signs, provided, however, that Lessee may erect a sign for the purpose of identification of its business contained therein. Such sign shall not be erected by nailing or bolting or otherwise pressing objects through or penetrating the roof of the building or in such a manner as to damage or cause deterioration of the leased premises. F. Compliance with Laws and Ordinances Lessee shall comply with all laws, ordinances, orders or requirements of the state of Texas, County of Lubbock, City of Lubbock, State Fire Insurance Commission or any other State department or commission applicable to the leased premises. Lessee shall be responsible for obtaining all necessary approvals and permits which may be necessary for its uses of the leased premises. 2 G. Liability Insurance and Identification — To the extent by law, Lessee agrees to maintain liability insurance of not less than $500,000 Combined Single Limit — Bodily Injury and Property Damage per Occurrence and $1,000,000 per General Aggregate, and to name Lessor as an additional insured. Such insurance is to be evidenced by a Certificate of Insurance providing a 30-day notice of cancellation, or non -renewal provision in favor of Lessor. Failure of the Lessee to maintain adequate insurance coverage and limits of insurance does not release Lessee from any of the obligations under this lease. Lessee agrees to indemnify and hold harmless Lessor from all claims, demands, liabilities, causes of action of any kind whatsoever arising in or resulting from the willful or negligent act or omission of Lessee, its agents, employees, or invitees in connection with Lessee's use and occupancy of the leased premises or its operation of business therein during the term of this lease, involving the death of or injury to any person or damage or destruction of the property of any person. H. Liens -- Lessee shall keep the leased premises free and clear from liens arising out of any work performed, materials furnished, or obligations incurred by Lessee, including mechanic's liens. I. Lessor's Liability — The Lessor shall not be liable to Lessee for any damage or injury to it or its property occasioned by wind, fire, water, or by a defect in the plumbing, electrical wiring or insulation thereof, gas pipes, sewage facilities, nor for such damages or injury caused by the act, omission or negligence of other tenants, other persons, occupants of adjacent buildings, to or contiguous buildings, or owners of adjacent or contiguous property, all claims as against the Lessor for such damage or injury being hereby expressly waived by the Lessee. The Lessee is to make and pay for all repairs made necessary by the negligence of itself, its agents or its employees. J. Surrender of Premises — Lessee agrees that at the expiration of the Lease, it will quit and surrender the leased premises without notice, and will deliver to Lessor all keys belonging to the leased premises. All alterations, additions or improvements made by Lessee affixed to the premises, shall become Lessor's property and shall be surrendered with the leased space as a part thereof at the expiration of the Lease. The Lessee may remove all personal property, trade fixtures and office equipment, whether attached to the premises or not, provided that such may be removed without serious damage to the leased space or adjacent portion of the building. All holes or damage to the building or leased space caused be removal of such items shall be repaired and restored by Lessee at Lessee's expense, promptly after removal of property. DEFAULT This lease agreement shall be declared in default if Lessee shall allow the rent to be in arrears more than 15 days after written notice of such delinquency, or shall default in performance of any, or all, of its covenants or agreements and remain in default of 15 3 days after written notice is given of such default by Lessor. If the default is of a nature requiring more than 15 days to cure, Lessee shall within 15 days commence, and shall thereafter faithfully prosecute curing the default. In case of default, Lessor shall have all remedies set forth in Paragraph IV below. If Lessor becomes insolvent or if receiver, assignee for creditors, or other liquidating officer is appointed for Lessee's business, Lessor may terminate this Lease at its option. IV. REMEDIES UPON DEFAULT A. Legal Enforcement and Forfeiture of the Lease — In the event of default, Lessor may enforce the performance of the Lease in any of the modes provided by law and declare the Lease forfeited at Lessor's discretion, and it, its agent or attorney, shall have the right without further notice to the Lessee to re-enter and remove all persons and/or property therefrom without prejudice to any remedies or arrears of rent, or breach of covenant, and Lessor, its agent or attorney, may resume possession of the leased space and relet the same for the remainder of the term at the best rent obtainable for the account of the Lessee, who shall make good any deficiencies. B. Re-entry If Lessor re-enters the lease space or takes possession of it before normal expiration of this Lease in accordance with its terms, Lessor shall have the right, not the obligation, to remove from the leased premises all personal property located therein and may place it in storage in a public warehouse at the Lessee's expense and risk. 1� GENERAL PROVISIONS A. Notice — Except as otherwise required by statute, all notices given pursuant to the provisions of this Lease shall be in writing, addressed to the party whom the notice is given, and sent by registered or certified mail postpaid to the last known mailing address of the party. B. Binding Effect — The terms, conditions and covenants of this Lease shall enure to and be binding on the heirs, successors, administrators, executors and assigns of the parties hereby, except as otherwise provided herein. C. Waiver The failure of Lessor to insist upon strict compliance with the covenants of the Lease shall not constitute a waiver of any breach of this Lease. D. Destruction of Premises — In the event of loss, damage or destruction by fire, wind, storm, flood or other calamity of any portion of the premises herein demised during the term of this Lease, it is specifically agreed between the parties hereto that the Lessor shall have the option to repair and rebuild said premises. In the event that Lessor does 4 not rebuild or repair, replacing said premises in as good a condition as of the date of such calamity, then all obligations herein imposed upon the Lessee shall cease and this contract shall thereupon be at an end. During such repair or rebuilding, no rental installments shall be assessed against or due by Lessee, and the term of this Lease shall be extended for a period of time equal to the time elapsing from the date of such loss, damage or destruction to the date that repairs are completed or the date that Lessee renews its use or such premises, whichever date shall first occur. Lessor shall have ninety (90) days from the date of its knowledge of such damage or destruction in which to exercise its option to rebuild the premises. If Lessor fails to exercise its option to cancel this Lease in all things; and thereafter, all parties shall be relieved from further obligations hereunder. E. Legal Construction — 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 thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. F. Time of the Essence — Time is of the essence in this agreement. G. Prior Agreement Superseded — This agreement constitutes the sole and only agreement of the parties hereby and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. H. Amendments — No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. In testimony hereof, the parties to this agreement have caused these presents to be executed by their duly authorized officers on the day and year first above written. CITY OF LUBBOCK (LESSEE) AA1kC4NtDOUGAL, MAYOR ATTEST: I Rebecca Garza, City Secretary' MONTE L. BOLTON (LESSOR): Monte L. Bolton 3538 154th Street Lubbock, TX 79423 (806) 928-3294 5 APPROVED AS TO CONTENT: Mar Yearw d, Mana g Director Information Technology Aackorrison, Radio Shop Manager APPROVED AS TO FORM: w C Don Vandiver AttornCounsel Dd/Lease Agreement -Bolton August 4, 2005