Loading...
HomeMy WebLinkAboutResolution - 1277 - Lease Agreement - URA - Building Space, 1001 Texas Ave - 12_09_1982RESOLUTION 1277 - 12/9/82 DGV:cl 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 the Urban Renewal Agency for the lease of buil ing space, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of December ,1982. AL N HENRY, Mayor ro Tem ATTEST: Evelyn Gaffga, City Secret -Treasurer APPROVED AS TO CONTENT: Larry J. C ni gham, City er APPROVED AS TO FORM: Donald G. Vandiver, Assistant City Attorney SURPLUS PROPERTY LEASE OR RENTAL CERTIFICATION WHEREAS, the City Manager of the City of Lubbock has, prior to filing this Surplus Property Lease or Rental Certification, surveyed all divisions and departments of the City; and WHEREAS, the City Manager has determined that such property as is herein- after set out cannot be utilized by any division or department of the City in discharging its governmental functions at the present time; NOW THEREFORE: The City Manager hereby certifies that the following described real property is vacant and is not needed in the service of the City and may be leased or rented in accordance with the provisions Resolution No. 1223. PROPERTY DESCRIPTION: 3,468 sq. ft of office space, 375 sq. ft. of storage space and 25% of 1253 sq/ ft. of common space situated at 1001 Texas Avenue, Lubbock, Texas DATE: 12/9/82 BY: ✓ &ftz� alt"'� City Manage o designated r esentative RECEIVED: City Secretar tGV:'cl' O� RESOLUTION 1277 - 12/9/82 �it� cF/^,ACTbPY.(RFAS(jRFR LEASE AGREEMENT THE STATE OF TEXAS § K?IOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Agreement entered into this 9th day of December 1982, by and between the City of Lubbock, Texas, as Lessor and the Urban Renewal Agency of the City of Lubbock as Lessee, WITNESSETH: WHEREAS, the Urban Renewal Agency of the City of Lubbock is desirous of contracting with the City for the lease of building space to be used to house the staff and operations of the Agency; NOW THEREFORE, the parties hereto agree as follows: I. The Lessor, acting by and through its duly authorized officers, does hereby lease unto the Lessee, a portion of the premises situ- ated at 1001 Texas Avenue, Lubbock, Lubbock County, Texas. Such lease is granted upon the terms and conditions which follow. II. 1. The term of this lease shall be from the 1st day of November, 1982, through the 31st day of December, 1983. 2. This lease shall be extended beyond the primary term from year to year unless the parties elect to terminate the agreement according to its terms. 3. For purposes of this lease, that portion of the premises situated in 1001 Texas Avenue, Lubbock, Lubbock County, Texas, which Lessee is entitled to utilize under the terms of this Agree- ment shall be deemed to consist of 3,468 square feet of office space, 375 square feet of storage space, and 25% of 1,253 square feet of common space, and is more particularly described on Dia- gram A, attached hereto and incorporated herein for all purposes. 4. In consideration of the execution of this lease, the Lessee agrees to pay to Lessor the sum of $4.14 per square foot per year for office space and $1.55 per square foot per year for storage and common space for the term of this Agreement together with other valuable consideration, to -wit: a. Lessee shall pay a pro rata share of all utility expenses, including expenses of electricity, water, gas and other utility services. Lessee shall pay the same proportion of each utility expense as the total number of square feet utilized by Lessee under the terms of this lease bears to the total number of square feet in the building located on the premises at 1001 Texas Avenue, Lubbock, Lubbock County, Texas. b. All expenses relating to janitorial and routine main- tenance services shall be borne by Lessor as partial consideration for the rental payment. C. Lessee shall provide adequate insurance and shall pay the premiums on policies of insurance against loss or damage to all personal property and equipment which is owned, leased, rented, or used by the Lessee on the premises. Lessee shall provide adequate general liability insurance covering the demised premises, and shall pay the premiums on such policies of insurance. Lessor agrees to provide adequate general liability insurance coverage on the building located on the prem- ises at 1001 Texas Avenue, Lubbock, Lubbock County, Texas. d. Lessee shall have the right to redecorate the interior of the premises which are the subject of this lease subject to the prior approval of such redecoration by the City Manager, but in no event shall such redecoration include permanent or structural changes to the premises. Lessee shall bear all costs of such redecoration. e. The above -mentioned rental payment will be adjusted up- ward or downward for each ensuing year beginning January 1, 1984, in direct proportion to the fluctuation in the U.S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of computing all -2- adjustments, the Bureau of Labor Statistics Cost of Living Index as of Janaury 1, 1982, shall be construed as the base period. 5. Lessor agrees to make available to Lessee a total of 15 off-street parking spaces during the term of this lease. Such parking spaces shall be located at 911 Texas Avenue in a parking lot owned by Edwards and Associates. In consideration for such parking spaces, Lessee agrees to Day to Lessor the amount of $262.50 per month, payable in advance on or before the .first day of each month. In the event that the parking spaces become un- available, the Lessor, at its option, shall either make other parking spaces available or reduce the rentals by the amount of the parking spaces lost. The rental amount set out above shall be subject to renegotiation upon any extension of this Agreement. 6. Lessee agrees to pay to Lessor the monthly sum of $1,547.83 payable in equal monthly installments on or before the first day of each month during the term hereof, covering cost of office space and parking. Such amount does not include utility pro rata amounts. 7. This lease is granted for the purpose of facilitating the operations of the Urban Renewal Agency of the City of Lubbock in the performance of the Agency duties. This lease shall termi- nate upon the property being used for other purposes. 8. The Lessee at its own cost and expense agrees to take good care of the property and fixtures, keeping and maintaining it in good repair during the term of this lease, and shall suffer no waste and make no improvements in and to the demised premises withbut the consent of the Lessor in writing. Such improvements shall become the property of the Lessor. 9. Lessee shall comply with all ordinances of the City of Lubbock and laws of the State of Texas applicable to said premises, and all orders and requirements imposed by the Departments of Health, Zoning and Environmental Control, Sanitation, Police, and Fire of the City, County, and State. -3- 10. Lessee shall not assign or sublet the leased premises or any part thereof without the consent of the Lessor in writing, or permit any person or organization other than Lessee to occupy the premises. / 11. In the event the leased premises shall be destroyed by fire, windstorm, or the act of God or a public enemy or shall be so damaged by any of such causes as to be unfit for occupancy, Lessee shall forthwith give notice to Lessor and the rent payable hereunder shall abate for the period of time beginning on the date such premises are unfit for occupancy and ending when said premises have been restored to habitable condition, provided, however, that should only a portion of the premises be rendered unfit for occupancy, the abatement of rent shall be proportionate on the basis of the proportion of square feet rendered unfit for use to the total number of square feet in the premises above described; provided further that the Lessor may, at its election, in the event of substantial damage or destruction, terminate this lease without repairing or replacing the improvements so damaged or destroyed in which event the Lessee shall not be under any liability for the payment of rental for any period of time subsequent to the date upon which such damage or destruction occurred, and the rent shall be prorated for the particular year in which the destruction oc- curred. 12. Lessor shall not be liable to Lessee or to Lessee's officials agents, employees, patrons, or visitors for any damage or injury, and Lessee agrees to hold Lessor harmless from all claims for damage or injury to any person or property in or upon said premises. 13. In the event Lessor or the Lessee desires to terminate this Agreement at the end of the primary term or any extension thereof, notice shall be given by the terminating party to the non -terminating party at its place of business in writing stating that the lease is to be terminated 90 days from the date of such notice. In the event of such termination, lessee shall within -4- such time remove its property from the leased premises. 14. Whenever notice of any kind is authorized or required to be made by one party or the other under the terms hereof, such notice shall be given by United States registered or certified mail, postage prepaid, return receipt requested, and addressed to the other party as set out below, or to such other address as may hereafter be designated. City: City Manager P.O. Box 2000 Lubbock, Texas 79457 Executive Director Urban Renewal Agency of the City of Lubbock P.O. Box 10336 Lubbock, Texas 79408 15. Lessee especially covenants and agrees to pay and dis- charge all reasonable costs, attorney's fees, and expenses that may be incurred by Lessor in enforcing the covenants, agreements, conditions and terms hereof, and all of the same shall be payable to Lessor. Lessor may terminate the lease upon breach of con- ditions contained herein by giving 60 days written notice to Lessee. Lessee may terminate the lease upon breach of conditions herein by giving 60 days written notice to Lessor. Lessor and Lessee both understand and agree that this Agree- ment constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instruments signed by both parties. EXECUTED this 9th day of CITY OF LUBBOCK T. , IMapof P r __ ATTEST: f Evelyn Gaftga, City S retary December 1 1982. URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK 6GEE��ELS N, CHAIRMAN ATTEST: 114dM - H.O. Alderson, -Secretary - APPROVED; Larry qprWingham, Ci Manager n. t D&dald G. Vandiver, Asst. Cityy K ttorney -5- 10 TH S;T FLOOR I' APPRAISAL N APPRAISAL °N w Q CONFERENCE I -4- APPRAISAL ROOM ELEV. oN V) F C X w H ' w sTG _ M RECORDS VAULT LOUNGES ---- INK3ICATl;S U!!MAN AfNfWAI. SPACE I ST 10 TH ST FLOOR ., - ASST. ADMIN. COLL. ASST SUPER. LOLL. TAX SUPER. - ASSESSOR- COLLECTOR . N ? _. UP BOOK- KEEPING -VAULT yP COMMERCI L LLJ APPRAISALCOLLECTIONS- __ Y A5- N-�.E TAXA/C Q X .. w _ ... STG. w. LOU IGES BASEMENT 10 TH ST IN S TG BREAKROOM STORAGE j�-,.. --j � `_T- I 1 i w 1 I ELEV -_ RECORDS - ` - �Ds1T PROCESSING CERTIFICATE OF RECORDING OFFICER The undersigned hereby certifies that: 1. He is the duly qualified and acting Secretary of the Urban Renewal Agency of the City of Lubbock (hereinafter called the Local Public Agency) and the custodian of the records of the Local Public Agency, including the journal of proceedings of the Board of Commissioners of the Urban Renewal Agency of the City of Lubbock (hereinafter called the "Governing Body"), and is duly authorized to execute this certificate. 2. Attached hereto is a true and correct copy of a resolution including the WHEREAS clauses, adopted at a meeting of the Governing Body held on the 16th day of November 19 82 3. Said resolution has been duly recorded in the journal of said meeting and is now -n full force and effect. 4. Said meeting was duly convened and held in all respects in accordance with law and the by-laws, due and proper notice of said meeting was given. A legal quorum of members of the Governing Body was present throughout said meet- ing and a legally sufficient number of members of the Governing Body voted in the proper manner for the adoption of said resolution. All other requirements and proceedings under, law, said by-laws, or otherwise, incident to the proper adoption of said resolution, inclining any publications, if required by laws, have been duly fulfilled, carried out, nd otherwise observed. 5. The Seal appearing below constitutes the Official Seal of the Local Public Agency and was duly affixed by the undersigned at the time this certifi- cate was signed. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 17th day of November 19 82 (Seal) 9ECRETAkY OF THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, -- TEXAS RESOLUTION NO. 2638 REaSOLUTICN OF THE BOARD OF COMMISSIONERS OF THE URBAN RENE AL AGEWY OF THE CITY OF LUBBOCK AUTHORIZING, A LEASE AGREEMT BY AND BEIfidEE N THE. URBAN REIN ML AGENCY OF THE CITY OF 7 UBPACK AND THE CITY OF LUBBOCK FOR OFFICE SPADE AT 1001 TEXAS AVENUE, LUBBOCK, TEXAS WHEFEAS, the Urban Renewal Agency of the City of Lubbock requires office space in which to perform its prescribed duties; and WHEFFAS, the.City of Lubbock has mde office space available for the performance of said duties in a city -owned building located at 1001 Texas Avenue, Lubbock, Texas; NU1, THEREFORE, BE IT RESOLVED BY "M BOARD OF CCUMSSIONERS OF THE URBAN RENENAL AGENCY OF THE CITY OF LUBBOCK: THAT the Chairman be and is hereby authorized to execute the Lease Agreement attached hereto and made a part hereof as Exhibit "A", subject to approval by the City of Lubbock. on motion of Commissioner C snack seconded by Commissioner Lara , the above and foregoing Resolution was passed this 16th day of lioverber , 1982, by the follawing vote: Commissioners voting "AYE": Burbridge, Cammack, Lara, McKeever, McMahon, Nelson, Pipkin. Cammissioners voting "NAY": None. ` CHAIRMA