HomeMy WebLinkAboutResolution - 4840 - Lease Agreement - Simmco Southwest - 8402 Avenue P - 05_25_1995Resolution No. 4840
May 25, 1995
Item #11
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 by and between the City of
Lubbock and Sirnmco Southwest, attached hereto, 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
ATTEST:
Betty NT, Johnson, ity Secretary
APPROVED AS TO CONTENT:
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
Donald G. Vandiver, First Assistant City Attorney
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ccdocsla-simmco.res
May 8, 1995
Resolution No. 4840
May 25, 1995
Item #11
LEASE AGREEMENT
Preamble -Persons and Premises
This lease agreement is made and entered into this 25th day of May
19 95 , by and between SIMMCO SOUTHWEST, referred to in this lease as Lessor, and the
CITY OF LUBBOCK, TEXAS, a Texas home rule municipality, referred to in this lease as
Lessee. Lessor leases to Lessee, and Lessee leases from Lessor, the premises, referred to in this
lease as the leased premises, which are further described as:
8402 Avenue P, Lubbock, Lubbock County, Texas.
Term
1. The term of this lease shall be one (1) year, commencing on the date of execution
hereof, unless terminated earlier as provided in this lease. This agreement may be extended for
additional one (1) year terms upon mutual written agreement of the parties.
Postponed Delivery
2. If Lessor is unable to give possession of the leased premises on the above
commencement date for any reason whatsoever, Lessor shall not be subject to any liability, nor
shall the validity of this lease be affected nor the term of this lease extended. Under such
circumstances, the rent under this lease shall not commence until the possession of the leased
premises is tendered to Lessee; provided, however, that in the event the possession of the leased
premises is not tendered by Lessor to Lessee within ten (10) days following the above
commencement date, then at any time after that ten (10) day period, and prior to tender by Lessor
of possession, Lessee may terminate this lease by written notice to Lessor. On receipt of the
written notice by Lessor, all rights and obligations of both parties under this lease shall cease.
Rent
3. Lessee shall pay to Lessor at 8903 Avenue P, P. O. Box 53659, Lubbock, Texas
79453, Attention Gary Simmons, or at such other place or places as Lessor may from time to
time designate by written notice served on Lessee, without deduction or offset of any kind, as
rent for the leased premises, the sum of $250.00 for each calendar month of the term, payable in
advance on the first day of each such calendar month, except that the rent for the first month shall
be paid at the time of execution of this lease by Lessee. For any period less than a full calendar
month, the monthly rental shall be proportionately reduced.
Privileges
4. Lessee is entitled to use the building and surrounding area for equipment and
vehicular parking. Lessee agrees not to wash, service or disassemble any motor vehicle on the
leased premises without the consent of Lessor.
Utilities
5. Lessor shall promptly pay as they become due all charges for the furnishing of
water, electricity, garbage service, and other public utilities to the leased premises during the
term of this lease, if any.
Use of Leased Premises
6. The leased premises shall be used solely and exclusively for equipment and
vehicular parking purposes, and shall be occupied only by Lessee. The leased premises shall be
used for no other purpose without the written consent of Lessor.
Lessee will not make or permit any use of the premises, or do or permit any act, including
the keeping of anything, in or about the premises, which, directly or indirectly, will violate any
law, ordinance, or regulation.
Lessee shall comply with all laws, ordinances, and governmental regulations, and with
any direction of any public officer, pursuant to law, which imposes any duty on Lessee with
respect to the leased premises or the occupation of the leased premises.
Inspection by Lessor
7. Lessee shall permit Lessor and Lessor's agents to enter the leased premises at all
reasonable times for the purpose of inspecting the same.
Right of Entry for Repairs
8. Lessor reserves the right to enter the leased premises at all reasonable hours (and
if, in the opinion of Lessor, an emergency exists requiring immediate action, at any time) to
make replacements, repairs, and restorations and to carry out any work or activities in connection
with the improvement, safety, protection, or preservation of the leased premises.
Condition of Premises
9. Lessee has examined the premises and accepts the same as being clean and in
good condition and repair. Lessee shall, throughout the term of this lease, keep the leased
premises in clean and good condition and shall surrender the same at termination in as good
condition as received. Lessee shall be solely responsible for any cleaning required due to any
spills of fuel, oil or other hazardous substances and compliance with all environmental laws or
regulations.
Alteration of Premises
10. Lessee shall make no alterations without Lessor's prior written consent, which
Lessor may condition in any manner, or may refuse, in accordance with its sole determination,
which shall be conclusive. All such alterations which may be approved by Lessor shall be at the
sole expense of Lessee, and Lessee agrees to hold Lessor harmless from all liabilities in any way
connected with them.
Responsibility
11. Lessor shall not be liable, and Lessee waives all claims, for injury to or death of
persons or damage to or loss of property sustained by Lessee or Lessee's invitees or guests
resulting from the leased premises or any part of it or any of its equipment or appurtenances
being out of repair, or resulting directly or indirectly from any act or neglect of any tenant or
occupant of the leased premises or of any other person, or from any other cause whatsoever
except the gross negligence of Lessor. Lessee shall be responsible for all damages caused by his
negligence or by the negligence of his family, invitees or guests.
LEASE AGREEMENT - SIMMCO SOUTHWEST
Page 2
End of Term
12. On the expiration or other termination of the term of this lease, Lessee shall quit
and surrender to Lessor the leased premises in as good, and as clean, order and condition as such
were in at the commencement of the term, and, to the extent required by Lessor, all
improvements and alterations made by Lessee shall be removed and the leased premises restored
to their condition at the commencement of the term. In the event that, in order to comply with
these obligations of Lessee, any repairs, restoration, or cleaning shall be required, they shall be
paid for by Lessee. Lessee's obligation under this paragraph shall survive the expiration or other
termination of the term of this lease.
Holding Over
14. If Lessee remains in possession of the leased premises after the expiration or other
termination of this lease, then, Lessee shall be deemed a tenant of the leased premises from
month to month and subject to all of the terms and provisions of this lease.
Repossession of Premises
15. On any termination of this lease, or on any termination of Lessee's right to
possession without termination of the lease, Lessor may enter and repossess the leased premises,
and remove any and all property from the premises, without being deemed guilty of trespass,
eviction, forcible entry, or detainer.
Abandoned Property
16. Any and all property of Lessee which may be left in the leased premises after the
termination of this lease or Lessee's right of possession for any reason may be handled, removed,
or otherwise disposed of by Lessor at the risk and expense of Lessee, and Lessor shall in no
event be responsible for any property left in the leased premises by Lessee. Lessee shall pay to
Lessor, on demand, all expenses incurred in such disposition, including a reasonable charge for
storage, but Lessor shall be under no obligation to provide storage, and Lessee expressly
consents to the sale, removal, discard, or any other disposition of the property by Lessor.
Assignment and Subletting by Lessee
17. Lessee shall not have the right without the prior written consent of Lessor to
assign this lease, and any interest in it, and to sublet the leased premises, or any part of the
premises, or any right or privilege pertinent to the leased premises.
Assignment by Lessor
18. Lessor is expressly given the right to assign any or all of its interest under the terms of
this lease.
Notices and Addresses
19. All notices provided to be given under this agreement shall be given by certified
mail or registered mail, addressed to the proper party, at the following addresses:
LEASE AGREEMENT - SIMMCO SOUTHWEST
Page 3
Lessee
City of Lubbock
Property Manager
Box 2000
Lubbock, Texas 79457
Parties Bound
Lessor
Gary Simmons
SIMMCO SOUTHWEST
Box 53569
Lubbock, Texas 79453
20. This agreement shall be binding upon and inure to the benefit of the parties to the
agreement and their respective heirs, executors, administrators, legal representatives, successors,
and assigns where permitted by this agreement.
Texas Law to Apply
21. This agreement shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created under this agreement are performable in
Lubbock County, Texas.
Legal Construction
22. 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, and this agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
lease.
Prior Agreements Superseded
23. This agreement constitutes the sole and only agreement between the parties to this
lease and supersedes any prior understandings or written or oral agreements between the parties
respecting the subject matter of this lease.
Amendment
24. No amendment, modification, or alteration of the terms of this lease shall be
binding unless the same be in writing, dated subsequent to the date of this lease, and duly
executed by the parties to this lease.
Rights and Remedies Cumulative
25. The rights and remedies provided by this lease agreement are cumulative, and the
use of any one right or remedy by either party shall not preclude or waive that parry's right to use
any or all other remedies. These rights and remedies are given in addition to any other rights the
parties may have by law, statute, ordinance, or otherwise.
Time of Essence
26. Time is of the essence in this agreement.
LEASE AGREEMENT - SIMMCO SOUTHWEST
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IN WITNESS OF THIS AGREEMENT, the undersigned Lessor and Lessee execute this
agreement as of the day and year first above written.
LESSEE:
BY:
GAR MONS
ATTEST:
Secretary
STATE OF TEXAS
COUNTY OF LUBBOCK
ATTEST:
Betty M. Johnson.'City Secretary
ACKNOWLEDGMENT
This instrument was acknowledged before me by GARY SIMMONS of Simmco
Southwest on this t day of 19�j
MELINDA A. WHITE
• • Notary Public, Stets of ►eus
+.+ My Commission Expires 9,14.96
STATE OF TEXAS
COUNTY OF LUBBOCK
Not y Public, State of Texas
My Commission Expires: q - 1 +9 (o
ACKNOWLEDGMENT
This instrument was acknowledged before me by DAVID R. LANGSTON, Mayor, City
of Lubbock, Texas, on this 25th
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LEASE AGREEMENT - SIMMCO SOUTHWEST
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