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HomeMy WebLinkAboutResolution - 2001-R0143 - State Lease With The State Of Texas - 04/26/2001Resolution No. 2001-RO143 April 26, 2001 Item No. 22 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 State Lease between the City of Lubbock and the State of Texas, and any other related documents. Said Lease is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of Apri�, % 2001. ALEX "TY" COC, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Fire Chief APPROVED AS TO ORM: Richard K. Casner Natural Resources Attorney RKC:cp Ccdocs/COL-Statel-ease.Res April 17, 2001 STATE LEASE (NEGOTIATED) THE STATE OF TEXAS § COUNTY OF LUBBOCK 1. PARTIES Resolution No. 2001-R 0143 LEASE NO. 576-10232-EIA-LUBBOCK This Agreement is made and entered into this 26th day of April , 2001, by and between (a) LESSOR, CITY OF LUBBOCK, a Texas home rule municipal corporation and (b) LESSEE, STATE OF TEXAS. 2. PROPERTY LEASED Lessor promises, in return for the consideration described herein to be paid by the Lessee and the covenants set out herein to be kept by Lessee, do hereby lease, unto the Lessee, the following described property (sometimes called the "Leased Premises") and premises, to wit: Lease will be for office space, as designated by Lessor, in offices at the Fire Administration Complex. The office will be approximately 120 square feet in size. The Complex is located at 1515 East Ursuline Street, in Lubbock, Lubbock County, Texas 79403. 3. MONTHLY RENTAL The Lessee agrees to pay Lessor One Hundred Fifty and no/100 Dollars ($150.00) per month during the term of this Lease. (All additions or deletions of net usable space to this Lease, if applicable, shall be based upon a charge of 1.25 cents per square foot per month.) Lessor agrees to submit monthly statements for rent to the occupying state agency at the address set forth in paragraph 6(g). The monthly rentals provided for herein shall be due and payable by Lessee in advance on the first day of the month for which said rentals are due. 4. TERM OF THE LEASE The term of this Lease shall be for twelve (12) months commencing on the 1St day of May, 2001, and ending on the 30th day of April, 2002, unless sooner terminated as hereinafter provided. This Lease may be extended, upon the express approval of the Lessor and Lessee, upon the identical terms and provisions of the original one (1) year term hereof, for up to five (5) additional one (1) year terms. Lessor may act to extend by and through Steve Hailey, Fire Chief, City of Lubbock, or successor. Page 2 of 7 LEASE NO. 576-10232-EIA-LUBBOCK 5. GENERAL TERMS AND CONDITIONS (a) Lessor further agrees that should the Lessee request additional space during the term of this Lease, Lessor may furnish such space as is requested by the Lessee, if available, adjacent to space covered by this Lease at a rental not more than the monthly cost per square foot shown in paragraph 3 above, and to be concurrent with the balance of the period covered by this Lease. If it is determined by the Lessee that market conditions have changed since the start of this Lease, or the start of any option period currently in effect, the monthly cost per square foot applicable to the space to be added may be adjusted to reflect present market conditions as agreed to by the Lessor and Lessee. The lease of additional space shall not be valid, however, unless evidenced in writing and signed by Lessor and Lessee. (b) Lessor covenants and agrees to pay all taxes of whatever nature, levied and assessed and to be levied or assessed, on or against the leased property and improvements during the term of the Lease, if any; however, nothing contained herein shall obligate Lessor to pay any taxes due and owing against Lessee. Lessor agrees to keep the Leased Premises, in good repair and condition during the term of this Lease, said maintenance to include, but is not limited to, the following services: Repair and patch wall, ceiling and floor surfaces; painting as needed; replacement of broken window glass; repair of window shades, blinds and/or drapes, fasteners and sash cord or chains; roof and ceiling leaks; building exterior, interior; plumbing, heating, air conditioning and ventilating equipment; fire protection equipment; miscellaneous valves; woodwork, locks, floor surfaces and coverings; lighting fixtures, and the replacement of all defective or burned - out light bulbs, fluorescent tubes, ballast and starters. (c) It is further understood and agreed that if the Lessor does not maintain the premises and all appurtenances thereto, as heretofore specified, in reasonably good repair, reasonable wear and tear excepted, the Lessee shall notify the Lessor in writing in reference thereto by registered mail. If, within thirty (30) days after such notice has been mailed to the Lessor, said Lessor fails to take steps to remedy the grievances specified, the Lessee may take such actions in accordance with paragraph 5(1) below. (d) Lessor further covenants that it has full power and authority to execute this Lease. Any person or entity executing this Lease as agent for the Lessor shall attach to this Lease sufficient evidence or authority to act in the capacity shown. (e) Lessor hereby covenants and agrees that the Lessee may bring on the Leased Premises any and all equipment reasonably necessary for the efficient exercise of Lessee's governmental responsibilities. Lessee shall make no permanent improvements or alter the Leased Premises in any way, manner or form without the express written consent of the Lessor. Page 3 of 7 LEASE NO. 576-10232-EIA-LUBBOCK (f) Signs, limited to Lessee's name, location and governmental purpose, upon the express approval of Lessor, may be installed in keeping with building decor. (g) On termination of this Lease, by lapse of time or otherwise, Lessee may, on or before the date of termination , at its option and expense, remove from said premises any and all equipment, appliances or other property placed or owned by it thereon; and shall deliver up said premises and property to Lessor in as good order and condition as they now are, except for normal wear and tear or conditions due to lack of maintenance or repair by Lessor. (h) If during the term of this Lease, said premises, or any portion thereof, shall be condemned for any public purpose, either party hereto shall have the option of terminating and canceling this Lease upon thirty (30) days notice to the other party of its election so to do. (i) It is mutually agreed between the Lessor and the Lessee that if said building and premises shall, during the term of this Lease or previous thereto, be slightly damaged by fire or any other cause or causes, the same shall be promptly repaired by the Lessor. During the time of such repair, if the space cannot be fully utilized by Lessee, lease payments due hereunder shall be either reduced or withheld in accord with the degree of non-use. But, if said building and premises be so damaged as to render said premises unfit for occupancy, then, and from the date of such damage, this Lease shall cease and be void; and rent and other obligations hereunder shall be due and payable only to the date of such damage. 0) Lessee reserves the right to assign any agency of State government to occupy all or any part of the space described herein, but covenants and agrees that it will not assign or sublet all or any part of the Leased Premises to any private parties. (k) In the event Lessee shall be in default in the payment of rentals or other charges hereunder or shall otherwise breach its covenants or obligations hereunder, and shall be and remain in default for a period of thirty (30) days after written notice from Lessor to it of such default, Lessor shall have the right and privilege of terminating this Lease and declaring the same at an end, and of entering upon and taking possession of said premises, and shall have the remedies now or hereafter provided by law for recovery of rent, repossession of the premises and damages occasioned by such default. (1) In the event Lessor shall breach or be in default in the performance of any of the covenants or obligations imposed upon Lessor by this Lease, and shall remain in default for a period of thirty (30) days after written notice from Lessee to it of such default, Lessee shall have the right and privilege of terminating this Lease and declaring the same at an end, and shall have the remedies now or hereafter provided by law for damages occasioned by such default. Page 4 of 7 LEASE NO. 576-10232-EIA-LUBBOCK (m) The failure of the Lessee or Lessor to insist in any one or more instances on a strict performance of any of the covenants of this Lease shall not be construed as a waiver or relinquishment of such covenants in future instances, but the same shall continue and remain in full force and effect. (n) This agreement and each and all of its covenants, obligations and conditions hereof shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of Lessor, and the successor in office of Lessee. (o) This Lease shall be effective as of the date the Lessor executes this Lease contract. All proposals, negotiations, notices, and representations with reference to matters covered by this Lease are merged in this instrument and no amendment or modification thereof shall be valid unless evidenced in writing and signed by both parties as identified below. (p) Lessee covenants and agrees to abide by and all reasonable rules promulgated by Lessor or communicated by Lessor to Lessee during the term of this Lease for the proper operation of the subject demised property and surrounds. (q) Lessee shall vacate the Leased Premises on or before the expiration or termination of this Lease. Any holding over by Lessee shall result in the Lessee being a tenant of sufferance, notwithstanding any actions or inactions of Lessor. 6. SPECIAL TERMS AND CONDITIONS (a) The Lessor shall be responsible for its own utility bills for the space occupied by the Lessee. (b) The Lessee shall be responsible for janitorial services for the space occupied by the Lessee. (c) The Lessor shall be responsible for pest control for the space occupied by the Lessee. (d) The Lessor shall be responsible for any mechanical, plumbing, electrical, heating or air conditioning maintenance, repair or replacement. (e) The space occupied by the Lessee shall be used solely as office space for the Lessee, and the Lessee shall use the premises solely in such manner that is coincident with the necessary proper administration of State, County, and Federal programs, and to promptly vacate the premises upon the Lessee's default in the performance of this matter. Any other use by Lessee is expressly prohibited. (f) Lessee shall have access, via key lock, to the Leased Premises at all times and hours during the term of this Lease. Page 5 of 7 LEASE NO. 576-10232-EIA-LUBBOCK (g) Whenever notice from Lessee to Lessor or from Lessor to Lessee is required or permitted by this Lease and no other method of notice is provided, such notice shall be given by (i) actual delivery of the written notice to the other party by hand, ordinary postal delivery, telecopy or other reasonable means (in which case such notice shall be effective upon delivery); or (ii) by depositing the written notice in the United States Mail, postage prepaid, properly addressed to the other party at the address provided immediately below, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Lessee's address and numbers for the purpose of notice are: General Services Commission Attn: State Lease Officer P.O. Box 13047 Austin, Texas 78711-3047 Phone (512) 463-3331 Facsimile (512) 463-3311 Occupying Agency's address and numbers for the purpose of notice are: Texas Forest Service P.O. Box 1032 Fredericksburg, Texas 78624 Phone (830) 997-5426 Lessor's address and numbers for the purpose of notice are: City of Lubbock Attn: Chief Steve Hailey 1515 East Ursuline Street Lubbock, Texas 79403 Phone # (806) 775-2630 Facsimile # (806) 775-3510 Either party may change its address or numbers for purpose of notice by giving written notice to the other party, referring specifically to this Lease, and setting forth such new address or numbers. The address and numbers shall become effective on the thirtieth (30`h) day after such notice is effective. Unless specifically provided otherwise herein, no notice is required to be given by Lessor to the Occupying Agency. (h) THIS LEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE Page 6 of 7 LEASE NO. 576-10232-ElA-LUBBOCK PARTIES STIPULATE THAT THIS LEASE IS PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS IN THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS LEASE OR THE ACTIONS CONTEMPLATED HEREBY. (i) If any provision, or portion of provision, of this Lease is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Lease, the remainder of such provision and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. 0) Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) shall not (i) be utilized, in any way, manner or form, in the operation of the Leased Premises; or (ii) be brought upon, placed, or located, by any party, on the Leased Premises, without the written consent of the Lessor. If Lessee believes that the utilization of a Hazardous Substance is necessary in the operation of the Leased Premises, or that it is necessary to place and/or otherwise locate upon the Leased Premises, a Hazardous Substance, Lessee shall notify the Lessor and request consent therefrom, at least twenty (20) days prior to such action. Lessor may grant or deny the request of Lessee and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Lessee is not granted, or otherwise not responded to, by Lessor within five (5) days of the receipt of said request, said request shall be deemed to be denied. (k) In the event either party shall breach this Lease and an attorney is utilized in the enforcement hereof, the defaulting party shall pay to the prevailing party all costs incurred and reasonable attorneys' fees, including all costs of appeal. (1) Lessor shall not be responsible or in any way be obligated to lend support or assistance of any kind of nature, except as otherwise expressly provided herein, to the Lessee. 7. This Lease is made and entered into in accordance with the provisions of Texas Government Code, Title 10, Subtitle D, and is made contingent upon the availability of state funds appropriated by the Legislature to cover the full term and cost of this Lease. In the event state appropriated funds are unavailable, the General Services Commission (hereinafter called "Commission") may assign another State agency to the space covered by this Lease. Should the Commission be unable to find another State agency or agencies to fill the space, the Commission, upon written notice to the Lessor, may terminate this Lease. Page 7 of 7 LESSOR: CITY OF ALEX "TY" MAYOR PRO TEM ATTEST: �YP 'e Rebecca Garza; City Secretary OVF&D AS X& O CONTENT: Steve Hailey Fire Chief 7APPROVED A O FORM: t 7 Richard K. C asncr Natural Resources Attorney RKC: cP CityattXRichard\StateLease.Agr March 27, 2001 LEASE NO. 576-10232-EIA-LUBBOCK LESSEE: STATE OF TEXAS, acting by and through the GENWL SERVICES COMMISSION By: , 4_2L Michael J. Lacy Acting State Lease Officer (512) 463-3367 APPROV D AS TO FORM: Ju 'et U. King / gal Counsel General Services Commission Questions or concerns regarding this transaction should be directed to the General Services Commission, State Leasing Division, P.O. Box 13047, Austin, Texas 78711-3047, telephone number (512) 463-3367.