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HomeMy WebLinkAboutResolution - 2018-R0365 - Lease Agreement Between City Of Lubbock And Bradley Welch - 10/09/2018Resolution No. 2018-RO365 Item No. 6.10 October 9, 2018 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 by and between the City of Lubbock and Bradley Welch, and related documents. Said Lease Agreement is attached hereto and incorporated in this resolution as if fially set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on October 9, 2018 DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: cnw�- )- --- les cca cEachern, Assistant tty Manager APPROVED AS TO FORM: 4anooke, Assistant City Attorney RFS.Lease Agrmt-Bradley Welch 9.26.18 Resolution No. 2018-R0365 City of Lubbock TEXAS Lease Agreement Date: October _o 2018 Landlord: City of Lubbock, a Texas Home Rule Municipal Corporation Landlord's Address: P.O. Box 2000, Lubbock, TX 79457 Tenant: Bradley Welch Tenant's Address: 4908 E. CR 6700, Lubbock, TX 79403 Premises Street address/suite: 4908 E. CR 6700 City, state, zip: Lubbock, TX 79403 Monthly Rent: Six Hundred and No'100 Dollars ($600.00) Term: The tenancy shall be month -to -month, at will, for so long as the tenant is an employee of the City of Lubbock. In no event shall the term exceed twelve (12) months or the Termination Date below, whichever date is sooner. Commencement Date: October 9 , 2018 Termination Date: September 30, 2019 Permitted Use: Private residence Occupants (other than Tenant): Immediate Family Tenant's Insurance: As required by Insurance Addendum A. Definitions A.1. "Agent' means agents, contractors, employees, licensees, and, to the extent under the control of the principal, invitees. A.2. "Injury" means (a) harm to or impairment or loss of property or its use or (b) harm to or death of a person. A.3. "Rent" means Monthly Rent plus any other amounts of money payable by Tenant to Landlord. B. Tenant's Obligations B.1. Tenant agrees to— B.I.a. Lease the Premises for a month -to -month, at will, tenancy beginning on the Commencement Date and ending on the Termination Date. B. L b. Accept the Premises in their present condition "AS IS," the Premises being currently suitable for the Permitted Use. B.1.c. Obey all laws relating to Tenant's Permitted Use, maintenance of condition, and occupancy of the Premises. B. L d. Pay, as additional Rent, all other amounts due under this lease. B.I.e. Pay for all utility services used by Tenant. B. If Allow Landlord to enter the Premises to perform Landlord's obligations, inspect the Premises, and show the Premises to prospective purchasers or tenants. B.1.g. Repair any damage to the Premises caused by Tenant or the occupants listed under "Occupants (other than Tenant)." B.1. h. Submit in writing to Landlord any request for repairs, replacement, and maintenance that are the obligations of Landlord. B.1. i. Move out of the Premises at the end of the Term. B.1 j. Pay the full Monthly Rent through an automatic deduction from the Tenant's City of Lubbock payroll check, check, or direct deposit on the pay date immediately prior to the 10`" day of each month. B.Lk. Use reasonable efforts to make repairs to the Premises caused by Tenant or the occupants listed under "Occupants (other than Tenant)" or any invitee or licensee of Tenant or the occupants, other than conditions caused by normal wear and tear. B.2. Tenant agrees not to— B.2. a. Use the Premises other than as a residence occupied by the named Tenant and the occupants listed under "Occupants (other than Tenant)." B.2. b. Create or permit a nuisance or interfere with any neighbor's use of its Premises. B.2. c. Change Landlord's lock system. B.2.d. Alter the Premises. B.2.e. Allow alien to be placed on the Premises. B.2.f. Assign this lease or sublease any portion of the Premises. C. Landlord's Obligations Landlord agrees to— C.1. Lease to Tenant the Premises for a month -to -month, at will, tenancy beginning on the Commencement Date and ending on the Termination Date. C.2. Obey all laws, ordinances, orders, rules, regulations, and covenants applicable to the use, condition, and occupancy of the Premises. C.3. Use reasonable efforts to make repairs to the Premises, but Landlord will not be required to repair a condition unless Tenant notifies Landlord of the condition and Tenant has paid all Rent then due. Landlord will not be required to repair conditions caused by Tenant or the occupants listed under "Occupants (other than Tenant)," unless caused by normal wear and tear, and will not be required to recarpet or repaint the Premises. D. General Provisions Landlord and Tenant agree to the following: D.1. Insurance. Tenant will maintain the insurance coverages described in the attached Insurance Addendum. D.2. Release of Claims/Subrogation. TENANT RELEASES LANDLORD, AND LANDLORD'S RESPECTIVE AGENTS, EMPLOYEES AND OFFICERS FROM ALL CLAIMS OR LIABILITIES FOR DAMAGE TO THE PREMISES OR DAMAGE TO OR LOSS OF PERSONAL PROPERTY WITHIN THE PREMISES THAT ARE COVERED BY THE TENANT'S PROPERTY INSURANCE OR THAT WOULD HAVE BEEN COVERED BY THE REQUIRED INSURANCE IF THE TENANT FAILS TO MAINTAIN THE PROPERTY COVERAGES REQUIRED BY THIS LEASE. THE TENANT WILL BE RESPONSIBLE FOR ANY DEDUCTIBLE OR SELF -INSURED RETENTION UNDER ITS PROPERTY INSURANCE. TENANT WILL NOTIFY THE ISSUING PROPERTY INSURANCE COMPANIES OF THE RELEASE SET FORTH IN THIS PARAGRAPH AND WILL HAVE THE PROPERTY INSURANCE POLICIES ENDORSED, IF NECESSARY, TO PREVENT INVALIDATION OF COVERAGE. THIS RELEASE WILL NOT APPLY IF IT INVALIDATES THE PROPERTY INSURANCE COVERAGE OF THE RELEASING PARTY. THE RELEASE IN THIS PARAGRAPH WILL APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTY OR ITS AGENTS, EMPLOYEES OR OFFICERS BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTY OR ITS AGENTS, EMPLOYEES OR OFFICERS. D.3. Casualty/Condemnation. If the Premises are damaged by fire or other casualty or are condemned, then either Landlord or Tenant may terminate this lease by notifying the other. Any Rent prepaid by Tenant will be returned to Tenant on termination. D.4. Default by Landlord/Events. Defaults by Landlord are failing to comply with any provision of this lease within thirty (30) days after written notice and failing to remedy a condition that materially affects the physical health or safety of an ordinary tenant within ten (10) days after written notice, unless such condition results from Tenant's actions. D.S. Default by Landlord/Tenant's Remedies. Tenant's remedies for Landlord's default are to sue for damages and, if Landlord does not remedy a condition (not resulting from Tenant's actions) that materially affects the physical health or safety of an ordinary tenant for thirty (30) days after notice, terminate this lease. a. Provided Tenant is not delinquent in the payment of Rent when Tenant provides Landlord any required notices and subject to applicable limitations in section 92.056 of the Texas Property Code, if Landlord has not repaired or remedied within a reasonable time or if Landlord is not making a diligent effort to repair or remedy any condition that materially affects the physical health or safety of an ordinary tenant, and Landlord is obligated under this lease to repair or remedy the condition, then Tenant may, following notice to Landlord (i) by certified mail, return receipt requested, or by registered mail or (ii) by notice to the person to whom or at the place where Tenant's Rent is normally paid, followed by a subsequent written notice if the condition is not remedied or repaired within a reasonable period of time following the first notice — terminate this lease; ii. have the condition repaired or remedied according to section 92.0561 of the Texas Property Code if the condition involves any of the following and at least one of Tenant's notices to Landlord includes a reasonable description of the proposed repair or remedy, along with a statement that Tenant intends to repair or remedy the condition: (a) the backup or overflow of raw sewage inside the Premises or the flooding from broken pipes or natural drainage inside the Premises; (b) potable water service to the Premises is not available, and Landlord has expressly or impliedly agreed in this lease to furnish potable water to the Premises; (c) heating or cooling equipment serving the Premises is producing inadequate heat or cooled air, Landlord has expressly or impliedly agreed in this lease to furnish heating or cooling equipment, and Landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant; or (d) any other condition exists at the Premises that materially affects the health or safety of an ordinary tenant, and Landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction of such condition; iii. deduct from Tenant's Rent, without necessity of judicial action, the cost of the repair or remedy of any condition listed in section D.5.a.ii. in compliance with section 92.0561 of the Texas Property Code; or iv. obtain judicial remedies according to section 92.0563 of the Texas Property Code. b. If Tenant elects to terminate this lease, Tenant is— i. entitled to a pro rata refund of Rent from the date of termination or the date Tenant moves out, whichever is later; ii. entitled to deduct Tenant's Security Deposit from Tenant's Rent without the necessity of lawsuit or to obtain a refund of Tenant's Security Deposit according to law; and iii. not entitled to the other repair -and -deduct remedies under section 92.0561 of the Texas Property Code or the judicial remedies under subdivisions (1) and (2) of subsection (a) of section 92.0563 of the Texas Property Code. C. If Tenant elects to have the condition repaired or remedied following the requirements of section 92.0561 of the Texas Property Code, Tenant may have the condition repaired or remedied— i. immediately following Tenant's notice of intent to repair if the condition involves sewage or flooding; ii. within three days following Tenant's delivery of notice of intent to repair if the condition involves a cessation of potable water or inadequate heat or cooled air; or iii. within seven days following Tenant's notice of intent to repair or remedy the condition if the condition involves any other matter affecting the physical health or safety of an ordinary tenant; and Tenant may deduct the cost to repair or remedy the condition from a subsequent Rent payment, but the deduction may not exceed the amount of one month's Rent under the lease or $500, whichever is greater. When deducting the cost of repairs from the Rent, Tenant must furnish Landlord, along with payment of the balance of the Rent, a copy of the repair bill and the receipt for its payment. A repair bill and receipt may be the same document. Repairs and deductions may be made as often as necessary as long as Tenant otherwise complies with section 92.0561 of the Texas Property Code and the total repairs and deductions in any one month do not exceed one month's Rent or $500, whichever is greater. d. If Tenant's Rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's Rent shall mean the fair market rent for the dwelling and not the Rent that Tenant pays. The fair market rent shall be determined by the governmental agency subsidizing the Rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. e. Tenant repairs pursuant to section 92.0561 of the Texas Property Code must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of Tenant's notice of intent to repair and must be made in compliance with applicable building codes, including a building permit when required. Unless otherwise agreed between Tenant and Landlord, any repairs made pursuant to section 92.0561 of the Texas Property Code may not be made by Tenant, Tenant's immediate family, Tenant's employer or employees, or a company in which Tenant has an ownership interest. In addition, repairs may not be made by Tenant under section 92.0561 of the Texas Property Code to the foundation or load -bearing structural elements of a building of which the Premises is a part if the building contains two or more dwelling units. f If Landlord repairs or remedies the condition or delivers to Tenant an affidavit for delay under section 92.0562 of the Texas Property Code after Tenant has contacted a repairman but before the repairman commences work, Landlord shall be liable for the cost incurred by Tenant for the repairman's trip charge and Tenant may deduct the charge from Tenant's Rent as if it were a repair cost. g. If Tenant elects to pursue judicial remedies against Landlord pursuant to section 92.0563 of the Texas Property Code, those remedies include— i. an order directing Landlord to take reasonable action to repair or remedy the condition; ii. an order reducing Tenant's Rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; iii. a judgment against Landlord for a civil penalty of one month's Rent plus $500; iv. a judgment against Landlord for the amount of Tenant's actual damages; and V. court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. DA Default by Tenant/Events. Defaults by Tenant are (a) failing to timely pay Rent, (b) abandoning or vacating a substantial portion of the Premises, and (c) failing to comply within ten (10) days after written notice with any provision of this lease other than the defaults set forth in (a) and (b). D.7. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default are to (a) enter and take possession of the Premises, after which Landlord may relet the Premises on behalf of Tenant and receive the Rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord for any expenditures made in order to relet, (b) enter the Premises and perform Tenant's obligations, and (c) terminate this lease by written notice and sue for possession or damages or both. D.8. Mitigation. Landlord and Tenant have a duty to mitigate damages. D.9. Holdover. If Tenant does not vacate the Premises following termination of this lease, Tenant will become a tenant at will and must vacate the Premises on receipt of notice from Landlord. No holding over by Tenant, whether with or without the consent of Landlord, will extend the Term. D.10. Rights and Remedies Reserved. The Parties reserve the right to exercise any right or remedy available to them by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the Parties shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Lease, the former shall control. D.11. Attorney's Fees. If either party retains an attorney to enforce this lease, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and any other costs. D.12. Venue. This Lease is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. D.13. Entire Agreement. This lease, its exhibits, addenda, and riders are the entire agreement of the parties concerning the lease of the Premises by Landlord to Tenant. There are no representations, warranties, agreements, or promises pertaining to the Premises or the lease of the Premises by Landlord to Tenant, and Tenant is not relying on any statements or representations of any agent of Landlord, that are not in this lease and any exhibits, addenda, and riders. D.14. Amendment of' Lease. This lease may be amended only by an instrument in writing signed by Landlord and Tenant. D.1 S. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. D.16. Notices. Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. D.17. Texas Property Code. Landlord and Tenant each acknowledge that chapter 92 of the Texas Property Code, which deals with residential tenancies, affords certain rights and imposes certain duties on them. D.18. Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the Premises at the end of the Term. D.19. Tenant's Statutory Right to Terminate. Tenant may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sexual offenses or stalking. D.20. Emergencies. Tenant may call the City of Lubbock, Facilities Management, 806-775-2201 to report emergencies that affect the Premises and that threaten Tenant's physical health or safety. LANDLORD, CITY OF LUBBOCK: DANIEL M. POPE, MAYOR ATTEST: P,4--�4 _.,v Reb ca Garza, City Secretary ('� APPROVED AS TO CONTENT: esica McEachern, Assistant City Manager APPROVED AS TO FORM: 14 Z: rook , A sistant City Attorney TENANT: W Bradley Welch Resolution No. 2018-R0365 City of Lubbock TEXAS Insurance Addendum to Lease Date: October 9 , 2018 Landlord: City of Lubbock Tenant: Bradley Welch This insurance addendum is part of the lease. A. Tenant agrees to — I. Maintain a Renters Insurance property and liability insurance policy required below during the Term and any period before or after the Term when Tenant is present on the Premises: Type of Insurance Tenant's homeowner's (also known as tenant's or renter's) Minimum Policy Limit Personal Liability: Per occurrence: Property: $ 300,000 Personal Property: $ 27,000 2. Deliver a certificate of insurance to Landlord before entering the Premises and thereafter at least ten days before the expiration of the policies.