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HomeMy WebLinkAboutResolution - 2003-R0192 - Commercial Lease Agreement For Warehouse_Garage - Rosen & Rosen - 05_22_2003Resolution No. 2003—RO192 May 22, 2003 Item No. 25 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS 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 Commercial Lease Agreement with Rosen and Rosen for the lease of a warehouse/garage located at 1407 Avenue F, Lubbock, Texas, to be used as a garage for storage of seized vehicles, departmental vehicles and related uses. A copy of the Commercial Lease is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of the Resolution as if fully copied herein. Passed by the City Council this 22nd ATTEST: h Rebecca Garza, City Secretary js/ccdocs/Commercial Lse-Rosen&Rosen April 25, 2003 day of May , 2003. MARC MCDOUGAL, MAYOR Resolution No. 2003-RO192 May 22, 2003 Item No. 25 COMMERCIAL LEASE This lease agreement is made and entered into by and between ROSEN AND ROSEN (Landlord) and CITY OF LUBBOCK (Tenant). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain property with the improvements thereon, containing approximately 6,500 square feet, hereinafter called the "leased premises", known as 1407 AVENUE F (Address), Lots 6, 7, and 8. Block 169, ORIGINAL -TOWN Addition, City of Lubbock, Lubbock, County, Texas. The primary term of this lease shall be twelve (12) months commencing on the 1st day of July, 2003, and ending at 11:59 p.m. on the 30th day of June, 2004, upon the following terms, conditions, and covenants: 1. TAXES. Landlord shall be responsible for all taxes and assessments. 2. UTILITIES. Tenant shall pay all charges for utility services to the leased premises. 3. HOLDING OVER. Failure of Tenant to surrender the leased premises at the expiration of the lease constitutes a holding over which shall be construed as a tenancy from month to month at a rental rate of ONE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($1400.00) per month. 4. RENT. Tenant agrees to and shall pay Landlord at Lubbock County, Texas. or at such other place Landlord shall designate from time to time in writing, as rent for the leased premises, the total sum of $16.800.00, payable without demand in equal monthly payments of $1.400.00, each in advance on or before the I st day of each month, commencing on July 1, 2003, and continuing thereafter until the total sum shall be paid. 5. USE. Tenant shall use the leased premises for the following purpose: Garage and Storage. 6. INSURANCE. Landlord shall pay for fire and extended coverage insurance on the buildings and other improvements on the leased premises in an amount not less than $250,000.00, which amount shall be increased yearly in proportion to the increase in market value of the premises. 7. CONDITION OF PREMISES. Tenant has examined and accepts the leased premises in their present condition as suitable for the purposes for which the same are leased. 8. MAINTENANCE AND REPAIRS. Tenant shall commit no act of waste and shall take good care of the premises and fixtures and appurtenances on it. Landlord shall not be required to make repairs occasioned by the act or negligence of the Tenant, its employees, subtenants, licensees and concessionaires. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, normal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, carelessness, accident or abuse. 9. ALTERATIONS. Alterations, additions, and improvements may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, reasonable wear and tear excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in a good and workmanlike manner. 10. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall, at its own expense, comply with all laws, orders, and requirements of all governmental entities with reference to the use and occupancy of the leased premises. Tenant and Tenant's agents, employees, and invitees shall fully comply with any rules and regulations governing the use of the buildings or other improvements on the leased premises as required by Landlord. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of the Landlord. An assignment or subletting without the written consent of Landlord shall be void and shall, at the option of Landlord, terminate this lease; however, Landlord's consent to an assignment or subletting by Tenant of all or part of the leased premises shall not unreasonably be withheld. 12. DESTRUCTION. In the event the leased premises is partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Tenant shall give immediate notice to Landlord. Landlord may repair the damage and restore the leased premises to substantially the same condition as immediately prior to the occurrence of the casualty. Such repairs shall be made at Landlord's expense unless due to Tenant's negligence. Landlord shall allow Tenant a fair reduction of rent during the time the leased premises are partially unfit for occupancy. If the leased premises are totally destroyed or deemed by the Landlord to be rendered unfit for occupancy by fire or other casualty, or If Landlord shall decide not to repair or rebuild, this lease shall terminate and the rent shall be paid to the time of such casualty, and any rent paid for any period beyond such date shall be repaid to Tenant. 13. TENANT DEFAULT AND REMOVAL OF ABANDONED PROPERTY.If Tenant abandons the premises or otherwise defaults in the performance of any obligations or covenants herein, Landlord may enforce the performance of this lease in any manner provided by law. This lease may be terminated at Landlord's discretion if such abandonment or default continues for a period of 30 days after Landlord notifies Tenant of such abandonment or default and of Landlord's intention to declare this lease terminated. Such notice shall be sent by Landlord to Tenant at Tenant's last known address by certified mail. If Tenant has not completely removed or cured default within the 30-day period, this lease shall terminate. Thereafter, Landlord or its agents shall have the right, without further notice or demand, to enter the leased premises and remove all property without being deemed guilty of trespass and without waiving any other remedies for arrears of rent or breach of covenant. Upon abandonment or default by the Tenant, the remaining unpaid portion of the rental from paragraph 4 herein shall become due and payable. Landlord shall have the right to store any property of Tenant that remains on the abandoned premises; and, in addition to Landlord's other rights, Landlord may dispose of the stored property if Tenant does not claim the property within 60 days after written notice delivered to Tenant that Landlord intends to dispose of this property, provided Landlord delivers by certified mail to Tenant at Tenant's last known address a notice stating that Landlord may dispose of Tenant's property if Tenant does not claim the property within 60 days after receipt of the notice. 14. INTERRUPTION OF UTILITIES. Landlord or Landlord's agent may not interrupt or cause the interruption of utility service paid directly to the utility company by Tenant unless interruption results from bona fide repairs, construction, or an emergency. If any utility services furnished by Landlord are interrupted and continue to be interrupted despite the good faith efforts of Landlord to remedy same, Landlord shall not be liable in any respect for damages to the person or property of Tenant or Tenant's employees, agents, or guests. Landlord shall use reasonable diligence to repair and remedy such interruption promptly. 15. EXCLUSION OF TENANT. Landlord may not intentionally prevent Tenant from entering the leased premises except by judicial process unless the exclusion results from: bona fide repairs, construction, or an emergency. 16. LIEN. Landlord is granted an express contractual lien, in addition to any lien provided by law, and a security interest in all improvements of Tenant to the leased premises if any, to secure the compliance by Tenant with all terms of this lease. 17. SUBORDINATION. Landlord is hereby irrevocably vested with full power and authority to subordinate this lease to any mortgage, deed of trust, or other lien hereafter placed on the leased premises and Tenant agrees on demand to execute such further instruments subordinating this lease as Landlord may request, provided such subordination shall be on the express condition that this lease shall be recognized by the mortgage, and the rights of Tenant shall remain in full force and effect during the term of this lease so long as Tenant shall continue to perform all the covenants and conditions of this lease. 18. LANDLORD LIABILITY. Landlord and its employees and agents shall not be liable to Tenant or to Tenant's employees, patrons, visitors, invitees, or any other persons for any such injury to any such persons or for damage to personal property caused by an act, omission, or neglect of Tenant or Tenant's agents or of any other tenant of the premises of which the leased premises is a part. 19. SIGNS. Tenant shall not post or paint any signs at, on, or about the leased premises or paint the exterior walls of any improvements thereon without the prior written consent of the Landlord. Landlord shall have the right to remove any sign or signs in order to maintain the leased premises or to make any repairs or alterations thereto. 20. CONDEMNATION. If the whole or any substantial part of the leased premises is taken for any public or quasi -public use under any governmental law, ordinance or regulation or by right of eminent domain or should the leased premises be sold to a condemning authority under threat of condemnation, this lease shall terminate and the rent shall be abated during the unexpired portion of the lease effective from the date of the physical taking of the leased premises. 21. PEACEFUL ENJOYMENT. Landlord covenants that if, and so long as, Tenant pays the rent and performs the covenants of this Lease, Tenant shall peaceably and quietly have, hold, and enjoy the premises for the term set forth herein. 22. BROKER'S FEE. Landlord shall be responsible for any broker fee and shall hold Tenant harmless from any claims therefore. Landlord hereby covenants to Tenant that no brokerage fees are due or payable as a result of this commercial lease. 23. NOTICES. Notices to Tenant shall be by certified mail or other delivery to: Mayor, City of Lubbock, P.O. Box 2000, Lubbock, Texas, 79457, 24. DEFAULT BY LANDLORD. In the event of breach by Landlord of any covenant, warranty, term or obligation of this lease, then Landlord's failure to cure same or commence a good faith effort to cure same within 10 days after written notice thereof by Tenant shall be considered a default and shall entitle Tenant either to terminate this lease or cure the default and make the necessary repairs, and any expense incurred by Tenant shall be reimbursed by the Landlord after reasonable notice of the repairs and expenses incurred. 25. SIGNS. During the last seven (7) days of this lease, a "For Sale" sign and/or a "For Lease" sign may be displayed on the leased premises and the leased premises may be shown at reasonable times to prospective purchasers or tenants. 26. RIGHT OF ENTRY. Landlord shall have the right upon first giving reasonable notice to Tenant, during normal business hours, to enter the leased premises: (a) to inspect the general condition and state of repair thereof, (b) to make repairs required or permitted under this lease; or (c) for any other reasonable purpose. 27. WAIVER OF BREACH. The waiver by Landlord of any breach of any provision of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this lease. 28. TIME OF ESSENCE. Time is expressly declared to be of the essence in this lease. 29. BINDING OF HEIRS AND ASSIGNS. Subject to the provisions of this lease pertaining to assignment of the Tenant's interest, all provisions of this lease shall extend to and bind, or inure to the benefit not only of the parties to this lease but to each and every one of the heirs, executors, representatives, successors, and assigns of Landlord or Tenant. 30. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this lease agreement are cumulative and the use of any right or remedy by either party shall not preclude or waive its right to invoke any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 31. TEXAS LAW TO APPLY. This agreement shall be construed under and in accordance with the laws of the State of Texas. 32. LEGAL CONSTRUCTION. In case anyone 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 hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 33. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter of this lease. 34. AMENDMENT. No amendment, modification, or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the parties. 35. ATTORNEY'S FEES. Any signatory to this lease agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this lease agreement or this transaction shall be additionally entitled to recover court costs, reasonable attorney fees, and all other out-of-pocket costs of litigation, including deposition, travel and witness costs, from the nonprevailing party. EXECUTED this 22nd day of May 2003. CITY OF LUBBOC& TEXAS BY: MARC MCIJMGr L, MAYOR ATTEST: APPROVED AS TO FORM: Effold Willard, Assistant Cit ttomey ROSEN AND ROSEN BY: ALLAN ROSEN Address: 4212 97th Place Lubbock, TX 79423 Telephone: (806) 797-3231