HomeMy WebLinkAboutResolution - 2012-R0423 - Lease Agreement - Cast Iron Grill - 11/08/2012Resolution No. 2012-RO423
November 8, 2012
Item No. 5.14
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, a Lease Agreement by and between the
City of Lubbock and Cast Iron Grill, and related documents. Said Lease Agreement 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 November 8, 2012
GLEN ROB-ERI'SON, MAYOR
ATTEST:
lteb c�Garz`a.City cr ary
APPROVcD AS TO CONTENT:
jt)�a,4,[r 3�
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Agnnt-Texas Tecli University
October 10, 2012
Resolution N0. 2012-80423
LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This Agreement of Lease is entered into as of the day set forth below, by and between the
CITY OF LUBBOCK, LESSOR, and CAST IRON GRILL, LESSEE, who in consideration of
the mutual agreements contained herein, does hereby contract and agree as follows:
I.
LESSOR subject to the terms and provisions herein, hereby leases unto LESSEE for a
term of two (2) years, beginning Nov. 8, 2012 'and ending Nov. 8, 2014, subject to earlier
termination as provided in this Lease Agreement, thirty-five (35) parking spaces of the following
described tract of land (the "Leased Premises"):
Block 232, Lots 13 thru 18, Original Town of Lubbock, Lubbock County, Texas.
Il.
LESSEE, shall pay the sum of One Hundred Seventy Five Dollars ($175 .00) per month by
check or money order to the CITY OF LUBBOCK, P.O. Box 2000, Lubbock, Texas, 79457,
Attention: Property Manager, payable to LESSOR in advance on the first (1St) day of each month
as rental for the lease of the Leased Premises during the two (2) year term of this lease, the first
payment being due, contemporaneously with the execution of this lease as of Nov .8, 2012
LESSEE, shall pay the rent in advance as aforesaid, as the same shall become due. Rent
unpaid after the due date (the first day of each month) is delinquent and will constitute a default
by LESSEE. If all rent is not paid on or before the fifth (5) day of the month (the late charge
date), LESSEE shall pay the lesser of (i) an initial late charge of $25.00 plus a late fee of $1.00
per day thereafter until all delinquent rent and late charges are paid in full; or (ii) the maximum
charge for delinquent payment of rent, allowed by applicable state, federal or local statute,
regulation, rule, order or ordinance. Daily late charges shall not exceed $25.00 for any single
month's rent.
IV.
The purpose for which the Leased Premises is to be used is for a parking Iot for vehicles as
an additional use to business operated by LESSEE. LESSEE will restrict the use of the Leased
Premises for such purpose, and will not use, or permit the use of, the Lease Premises for any other
purpose without first obtaining the consent of LESSOR in writing.
V.
LESSEE will not commit, or allow to be committed, any waste on the Leased Premises,
create or allow any nuisance to exist on the Leased Premises, or use or allow the leased Premises to
be used for any unlawful purpose.
VI.
LESSOR represents that the Leased Premises are in fit condition for the use as described in
Paragraph IV. LESSEE agrees to accept the Leased Premises on possession as being in good state
of repair and suitable for such use and purposes. LESSEE agrees to surrender the Leased Premises
to LESSOR at the end of the lease term, in the same condition as when LESSEE took possession,
allowing for reasonable use and wear.
VII.
Partial destruction of the Leased Premises shall not terminate this Lease, nor shall it render
this lease void or voidable, except as provided in this Lease. Nevertheless, LESSEE may terminate
this lease upon five (5) days written notice in the event of partial destruction.
VIII.
TO THE EXTENT ALLOWED BY LAW, LESSEE HEREBY HOLDS LESSOR
HARMLESS, AND INDEMNIFIES LESSOR, FROM AND AGAINST ANY AND ALL
PAYMENTS, EXPENSES, COSTS, REASONABLE ATTORNEY'S FEES, AND ALL CLAIMS,
LIABILITIES, LOSSES OR DAMAGE, INCLUDING WITHOUT LIMITATION, PAYMENTS,
EXPENSES, COSTS, REASONABLE ATTORNEY'S FEES, CLAIMS, LIABILITIES, LOSSES
OR DAMAGES TO PROPERTY OR INJURIES TO PERSONS, OF ANY KIND OR TYPE,
CAUSED WHOLLY OR IN PART BY, RESULTING FROM, OR RELATED TO THE
NEGLIGENCE OF LESSOR, OR ANY ACT OR OMISSIONS BY LESSEE OR LESSEE'S
CUSTOMERS, GUESTS, LICENSEES, AND/OR INVITEES, UNDER THE TERMS HEREOF
OR FOR ANY CAUSE WHATSOEVER ARISING OUT OF, RELATED TO OR BY REASON
OF THE USE OR OCCUPATION OF THE LEASED PREMISES BY LESSEE OR LESSEE'S
CUSTOMERS, GUESTS, LICENSEES OR INVITEES.
Further, LESSEE shall procure and carry throughout the term of this Lease, insurance as
specified in Exhibit "A", hereto or shall provide written documentation satisfactory to LESSOR
that the LESSEE is self-insured.
IX.
No improvements of any kind or type are to be placed on Leased Premises by LESSEE and
if they are, they shall be removed by LESSEE immediately at the expense of LESSEE.
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a
If LESSEE fails to comply with any conditions and covenants of this Lease, LESSOR may
perform these conditions and covenants, at the cost and expense of LESSEE, and the cost of the
expense will be added to the next installment of rent and shall be payable by LESSEE as such.
/M
To the extent allowed by law, all goods and personal property of any kind in or on the
Leased Premises will be the sole responsibility of LESSEE, and in no event will LESSOR be liable
for any loss or damage to these goods or property for any reason whatsoever.
XII.
This Lease cannot be assigned in whole or in part by LESSEE except upon the express
written permission of such assignment by LESSOR, such consent to be at the sole discretion of
LESSOR.
XIII.
This Lease may be canceled and terminated by LESSOR for non-payment of rent or failure
of LESSEE to keep and perform any of its agreements herein contained (a "Default"), if said
Default shall occur and be continuing after then (10) days written notice by LESSOR delivered or
mailed to last known address of LESSEE at 1711 Ave K, Lubbock, Texas 79410, describing said
Default.
XIV.
Should the use by the City of the Leased Premises become necessary for other City
purposes, at LESSOR's discretion, LESSOR may terminate this Lease upon thirty (30) days written
notice to LESSEE. LESSEE will be pro -rated any rent prepaid at the time of such termination.
XV.
Parking on the Leased Premises by LESSEE shall be allowed between the hours of 6:00
a.m. to 2:00 p.m., Monday through Friday. Except as expressly authorized herein, LESSEE shall
have no rights or privileges to utilize the Leased Premises.
RAW
If there is a need for the LESSOR to utilize all or part of the Leased Premises during the
term hereof, LESSEE shall be prohibited from occupying, in any way, the Leased premises, or
applicable portion thereof, as provided in the notice to LESSEE provided at least seventy-two (72)
hours in advance of the time or times of the City's use of the Leased Premises, or applicable
3
portion thereof. The LESSEE's rights to utilize the Leased Premises granted hereunder shall be
deemed subordinate to the rights of LESSOR.
XVII.
Lessor reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a
court of competent jurisdiction. Further, Lessor shall not be subject to any arbitration process prior
to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this provision shall
control.
EXECUTED on this ,8th day of November 2012
CITY OF LUBBOCK CA
BY:
GLEN GA BERTSON
ATTEST:
Rebe ca Garza, Ci A m
City
APPROVED AS TO CONTENT:
,LJ Cvt.G 'gar7&
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
Lease Agrmnt-Cast Iron Grip
October 10, 2012
4
PRI
TITLE: ewtLL.'I , -J
Exhibit "A"
General Liability:
LESSEE's insurance shall contain broad form contractual liability with a combined single limit of
a minimum of $500,000 each occurrence and in the aggregate and shall include the following:
• Bodily Injury and Property Damage
• Broad form Contractual Liability
• Personal Injury and Advertising Injury
• Fire legal liability
• Products and completed operations
Other Insurance Requirements:
LESSEE shall provide a Certificate of Insurance to the City of Lubbock as evidence of the
required insurance coverage. The Certificate will provide 30 days notice of cancellation. A copy
of the required endorsements and waivers of subrogation shall be included in the certificate.
LESSEE's insurance policy through policy endorsement must name LESSOR as an additional
insured and include wording, which states that the policy shall be primary and non-contributory
with respect to any insurance carried by City of Lubbock. The certificate of insurance described
below must reflect that the above wording is included in evidenced policies. The policy must be
endorsed to include a waiver of subrogation in favor of the City of Lubbock.
Proposed Parking Lot Lease
0 75 150 225 300 375
Survey Feet
As required by SECTION 1. Chapter 2051, SUBCHAPTER D. GEOSPATIAL DATA PROCUCTS of the Govemmeni Code. the City of Lubbock hereby provides notice that the date on this map
was created by the City of Lubbock. Any data that appears to represent property boundaries is for informational purposes and may not have been prepared for or be suitable for legal. engineering.
or surveying purposes It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries