HomeMy WebLinkAboutResolution - 2007-R0071 - Lease Agreement - Bill Clement - Warehouse Storage Space - 02_22_2007Resolution No. 2007-R0071
February 22, 2007
Item No. 5.11
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 Lease Agreement with Bill Clement for the lease of
warehouse storage space located within the City of Lubbock, Lubbock County, Texas, to be used as a
garage for storage of motor vehicles owned by or in the custody of the City. A copy of said 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 this Resolution as if fully copied herein.
Passed by the City Council this 22nd
ATTEST:
Re cca Garza, City Secretary
APPROVED AS TO CONTENT:
Claude Jones, Chief of Police
APPROVED AS TO FORM:
arold Willard, Assistant City Attorney
jslccdocs/Commercial Lse-Clement Lease
December 0, 2006
day of February , 2007.
DAVID A. NfILLER, MAYOR
Resolution No. 2007-R0071
LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This agreement is made and entered into this 22nd day of February , 2007, by and
between BILL CLEMENT, of Lubbock, Texas, hereinafter referred to as Lessor, and the CITY
OF LUBBOCK, TEXAS, a Home Rule Municipal corporation, hereinafter referred as to Lessee:
WITNESSETH:
I.
BASIC LEASE TERMS
A. Description of Leased Premises- The Lessor does by these presents lease and demise unto
the Lessee certain warehouse storage space, the same being approximately 5,000 square feet,
said storage space being situated in the warehouse owned by Lessor and located at, 3414 MLK
Blvd., Lubbock, Lubbock County, Texas.
B Lease Term- The primary term of this Lease shall be twelve (12) months beginning on
the date this agreement is entered into and shall be automatically renewable at the end of the
primary term for five (5) consecutive one-year terms upon the same conditions and covenants
contained herein unless either party shall give written notice of a desire to terminate the lease at
least thirty (30) days prior to the expiration of the primary term or any subsequent renewal
period.
C. Consideration- The Lessee shall pay to Lessor in Lubbock, Texas, as consideration for
this Lease the sum of $1,330.00 per month beginningj , 2007.
D. Utilities- Lessor shall be responsible for the payment of all costs for utilities for the
leased premises while this agreement is in effect.
DUTIES OF LESSEE
A. Use of Leased Premises- Lessee shall use the leased premises for garage and storage
purposes only, unless Lessee obtains written consent from Lessor allowing another use.
B. Acceptance and Condition of Leased Premises- Lessee hereby agrees to accept the leased
premises as is. 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, 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 on the leased premises or making any alterations or improvements
to 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 on 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 on the said leased
premises for which Lessee does not have title or custody, or which is not being held on said
premises for Lessee's business purposes.
E. Signs- 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 thereon. Such sign shall not be erected by
nailing or bolting or otherwise pressing objects through or penetrating the roof of any building
located on the premises, 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 use of the leased premises.
G. Liability Insurance and Indemnification- To the extent allowed 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. To the extent allowed by law, Lessee agrees to
indemnify and hold harmless Lessor from all claims, demands, liabilities, and causes of action of
any kind whatsoever arising 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 thereon during the term of this Lease, involving the death 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 its
property occasioned by wind, fire, water, or by a defect in the plumbing, electrical wiring or
insulation thereof, gas pipes, sprinkler systems, sewage facilities, nor for such damages or injury
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caused by the act, omission, or negligence of other tenants, other persons, occupants of adjacent
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 or termination 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
and 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 premises. All holes or damage to
the building or leased space caused by removal of such items shall be repaired and restored by
Lessee at Lessee's expense, promptly after removal of property.
M.
DEFAULT
This Lease 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 for 15 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 a receiver, assignee for creditors, or other liquidating
officer is appointed for Lessee's business, Lessor may terminate this Lease at his 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 he, his 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, his agent or
attorney, may resume possession of the leased premises 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 premises 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 thereon and may
place it in storage in a public warehouse at the Lessee's expense and risk.
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V.
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. Building Effect- The terms, conditions, and covenants of this Lease shall ensure to and be
binding on the heirs, successors, administrators, executors, and assigns of the parties hereto,
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. Distruction 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 not rebuild or repair, replacing
said premises in as good as 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 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 of 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 rebuild within such ninety (90) days, this
Lease shall then terminate 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 individuality, 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 expressly declared to be of the essence in this lease.
G. Prior Agreement Superseded- This agreement constitutes the sole and only agreement of
the parties hereto 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.
El
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.
LESSOR: CITY OF LUBBOCK LESSEE
i By. tiLGti'L
DAVID A. MILLER, MAYOR BILL CLEMENT
ATTEST:
�Pal_e�
Re cca Garza, City Secretary
APPROVED AS TO CONTENT:
Claude Jones, Chief of Police
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
Lease Agreement -Bill Clement & LPD
12/05/06