HomeMy WebLinkAboutResolution - 2019-R0431 - Workforce Lease Termination Agreement - 11/19/2019 Resolution No. 2019-RO431
Item No. 6.31
November 19, 2019
RESOLUTION
WHEREAS,the City of Lubbock has leased,effective February 29,2012, certain
office space(the Premises")in the Lubbock Business Center to South Plains Regional
Workforce Development Board dba Workforce Solutions South Plains
("Workforce"), as more particularly described in Resolution No. EUB 2012-R0017
(the"Lease");
WHEREAS,the Lease was amended,to reduce the amount of office space therein
leased, and certain other matters, as more particularly described in that certain
Amendment of Lease Agreement, dated December 15, 2016, Resolution No. EUB
2016-R0051 and City Council Resolution No. 2016-RO451;
WHEREAS,the City of Lubbock is in need of additional office space, said office
space being comprised of the Premises, prior to the expiration of the term of the
Lease,and Lessee is in need of terminating the Lease prior to the end of its prescribed
term;
WHEREAS, but for the early termination of the Lease, as contemplated herein,
the City of Lubbock would be required to lease, at a cost, other office space;
WHEREAS, Workforce and the City of Lubbock now desire to terminate the Lease
so that the City of Lubbock may occupy the Premises; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Director of Electric Utilities of the City of Lubbock BE and is hereby
authorized and directed to execute, for and on behalf of the City of Lubbock, that
certain Lease Termination and Release ("Release"), by and between the City of
Lubbock and South Plains Regional Workforce Development Board dba Workforce
Solutions South Plains, in the form attached hereto and incorporated herein for all
purposes, along with any necessary documents related thereto.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT this Resolution shall be null and void if the Electric Utility Board shall not
likewise authorize and direct the Director of Electric Utilities of the City of Lubbock
to execute the Release on or before December 30, 2019.
Passed by the City Council this 19th day of November, 2019.
DANIEL M. POPE, MAYOR
ATTEST:
f-)J—&t 4 -0, -Z
Bec Garza, City Secretary
APPROVED AS TO CONTENT:
Mark Yearwood
Assistant City Manager
APPROVED AS TO FORM:
Richard K. Casner
General Counsel—LP&L
Resolution No. 2019-R0431
LEASE TERMINATION AND RELEASE
This Lease Tennination and Release (the "Contract"), is dated effective November 30,
2019,and is by and between the City of Lubbock,Texas, a Texas home rule municipal corporation,
acting by and through its City Council and Electric Utility Board ("Lessor") and South Plains
Regional Workforce Development Board dba Workforce Solutions South Plains ("Lessee").
WHEREAS, pursuant to that certain Lease Agreement (the "Lease"), dated on or about
February 29, 2012, Resolution EUB No. 2012-R0017, Lessor leased that certain office space in
the Lubbock Business Center, as more particularly therein (the "Premises") to Lessee;
WHEREAS, the Lease was amended by that certain Amendment of Lease Agreement (the
"Amendment"), dated December 15, 2016, Resolution No. EUB 2016-R0051 and City Council
Resolution No. 2016-R0451, by and between Lessor and Lessee, wherein the Premises and other
teens of the Lease were modified, as more particularly described in the Amendment;
WHEREAS, the City of Lubbock is in need of additional office space, said office space
being comprised of the Premises, prior to the expiration of the tenn of Lease,and Lessee is in need
of terminating the Lease prior to the end of its prescribed teen; and
WHEREAS, but for the early termination of the Lease, as contemplated herein, Lessor
would be required to lease, at a cost, other office space.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is herein acknowledged, Lessor and Lessee hereby agree as follows:
1. For and in consideration of the mutual promises and covenants made herein, Lessor
and Lessee hereby terminate and cancel the Lease effective as of November 30, 2019.
2. IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS MADE
HEREIN, LESSOR AND LESSEE, TO THE FULLEST EXTENT PERMITTED BY
LAW, DO HEREBY RELEASE EACH OTHER, AND THEIR RESPECTIVE
OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AGENTS, SUCCESSORS
AND ASSIGNS FOR, FROM AND AGAINST ANY AND ALL OBLIGATIONS,
RESPONSIBILITIES OR CLAIMS UNDER, OR WHICH MAY ARISE DIRECTLY
OR INDIRECTLY FROM, OR ARE RELATED TO, THE LEASE, INCLUDING
WITHOUT LIMITATION, ANY OBLIGATION ON THE PART OF LESSEE TO
MAKE PAYMENTS THEREUNDER.
3. Lessee represents and warrants to Lessor that it has the full power and authority to
make and perform all agreements, as provided herein.
4. THIS CONTRACT IS TO BE CONSTRUED UNDER, AND GOVERNED BY,
TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT
WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER
JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS
CONTRACT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK
COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO
THIS CONTRACT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL
EXCLUSIVELY BE IN COURTS OF COMPETENT JURISDICTION
LOCATED IN LUBBOCK COUNTY, TEXAS.
4. This Contract represents the entire and sole agreement between Lessor and Lessee with
respect to the subject matter hereof and supersedes any and all prior negotiations,
understandings, representations or other agreements, whether written or oral. This
Contract may not be modified or amended except in writing and duly authorized and
executed by each party hereto.
5. If any provision of this Contract is declared invalid or unenforceable, such provision
shall be deemed modified to the extent necessary to render it valid and enforceable so
long as said modification is reasonably within the intent the parties as originally
expressed. In the event such provision may not be so modified,the unenforceability or
invalidity of any provision shall not affect any other provision of this Contract,and this
Contract shall continue in force and effect as if such provision had not been included
in this Contract.
6. Lessee represents and warrants to Lessor that it has taken all actions necessary to
authorize the party executing this Contract to bind, in all respects, Lessee to all terms
and provisions of this Contract,and that such person possesses authority to execute this
Contract and bind Lessee hereto.
7. This Contract shall be approved by both the City Council and the Electric Utility Board
of the City of Lubbock (collectively, the "Governing Bodies"). In the event both
Governing Bodies shall not approve this Contract on or before December 30,2019,this
Contract shall be null and void and of no force and effect whatsoever.
IN WITNESS WHEREOF, the parties have executed this Contract by their
duly authorized representatives as of the date first written above.
The City of Lubbock, acting by and through
the City Council
L-114
DANIEL M. POPf, MAYOR
ATTEST:
Bee y arza, City Secretar
APPROVED AS TO CONTENT:
Mark ood, Aisistant 6ty Manager
APPROVED AS TO FORM:
Richard Casner, General Counsel
The City of Lubbock, acting by and through
the Electric Utility Board
'W yYYb�
DAN ODOM, CIqAlRMAN
ATTEST:
Greg Tay r, B/d Secretary
APPROVED AS TO CONTENT:
�]L�yvzz�
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
Richard Ca ner, General Counsel
South Plains Regional Workforce Development
Board dba Workforce Solutions South Plains
Martin Aguirre uCE6