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HomeMy WebLinkAboutResolution - 2015-R0437 - Amendment To Lease - HMOT Properties LLC - 12/17/2015No. 2015-RO437 No. 5.15 mber 17, 2015 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, an Amendment to Lease, by and between the City of Lubbock and HMOT Properties, LLC, and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 17, 2015 GLIN eROBEMON, MAYOR ATTEST: Reb tc a Garza, City Secretary AS TO CONTENT: Loomis, City Manager Z0 4?612� Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: 6Z � Chad Weaver, City Attorney vw:ccdocs/RES.Amend Lease-HMOT Properties December 2, 2015 Resolution No. 2015-RO437 AMENDMENT TO LEASE This Amendment to Lease is entered into this 17th day of December , 2015 by and between the CITY OF LUBBOCK ("Tenant") and HMOT PROPERTIES, LLC. ("Landlord"). RECITALS Cash Register Services, Inc., as Landlord and the City of Lubbock as Tenant entered into a Commercial Lease with respect to real property located at 1601 Mac Davis Avenue and 510 Avenue O, Lubbock, Lubbock County, Texas (the "Lease Premises"). Cash Register Service, Inc. sold, signed and transferred the Lease Premises to HMOT Properties, LLC, who is the current owner of the Lease Premises and Assignee under the Commercial Lease. Paragraph 35 of the Commercial Lease grants to Tenant two (2) five (5) year options to extend the Lease Agreement with 180 days of advanced written notice from Tenant to Landlord. Landlord and Tenant enter into this Amendment with the intention of extending the Lease without the exercise of the options and to provide for new options as set forth herein and the terms related to the extension of said Lease Agreement. AGREEMENT 1.1 Tenant hereby declines its right to extend the Commercial Lease for an additional five (5) year term as provided in Paragraph 35 of the Commercial Lease. However, Tenant wishes to extend the lease for an additional three (3) month term. The commencement of the new three (3) month lease term shall commence immediately following the expiration of the initial tern of the Commercial Lease. 2.2 It is agreed that the Tenant shall pay to Landlord the base monthly rent at $9,765.00 per month during the new extended lease term. 2.3 The Commercial Lease is hereby amended to delete 510 Avenue O, Lubbock, Lubbock County, Texas from the Leased Premises, effective at the expiration of the initial term of the Commercial Lease. 2.4 The address of HMOT Properties, LLC for purposes of Paragraph 4.E. and Paragraph 34 is hereby amended to: HMOT Properties, LLC, and 13912 FM 1730, Lubbock, Texas 79424. 2.5 All other provisions of the Commercial Lease not amended herein remain in force and effect as originally written and agreed to by the parties. (Signature Page Follows) 1 LANDLORD: HMOT Properties, LLC By: a n Its: M4A&V�f TENANT: The City of Lubbock Glen C. ertson, ayor ATTEST: Rebecca Garza, City Secretary AS TO -CO TENT: Loomis, City / ,U tiv-L %3yY�lti Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, City Attorney