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HomeMy WebLinkAboutResolution - 2008-R0107 - Lease Agreement - Westcal - Warehouse Storage Space And Office Space - 03/27/2008Resolution No. 2008-RO107 March 27, 2008 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS 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 with WestCal, dba West Texas Warehouse Company, for the lease of warehouse storage space and office space within the City of Lubbock, Lubbock County, Texas. A copy of said Lease is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein. Passed by the City Council this ATTEST: Reb cca Garza, City ecreta 27th day of APPROVED AS TO CONTENT: ly� 0-� Mak Year od, Assistant City Manager APPROVED AS TO FORM: &:: i d d Y" A"-) - Harold Willard, Assistant ity Attorney jslccdocs/Commercial Lse-Clement Lease December 6, 2006 March DAVID A. MILLER, MAYOR , 2008. CONTRACT NO. Resolution No. 2008-RO107 LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement is made and entered into this 27th day of March, 2008, by and between WESTCAL, a California corporation authorized to do business in Texas, dba West Texas Warehouse Company, whose address is 2511 Avenue C, Lubbock, Texas, 79404, hereinafter referred to as Lessor, and the CITY OF LUBBOCK, TEXAS, a Horne Rule Municipal corporation, whose address is P. O. Box 2000, 1625 13a' Street, Lubbock, Texas, 79457, hereinafter referred as to Lessee: WITNESSETH: I. BASIC LEASE TERMS A. Description of Leased Premises- The Lessor does by these presents lease and demise unto the Lessee approximately 11,000 square feet of warehouse storage space designated as Building 3C and approximately 5,000 square feet of office space in the same such building located at 2511 Avenue C, Lubbock, Lubbock County, Texas. B Lease Term- The primary term of this Lease shall be twelve (12) months beginning on the date this agreement is entered into and shall be automatically renewable at the end of the primary term for five (5) consecutive one-year terms upon the same conditions and covenants contained herein unless either party shall give written notice of a desire to terminate the lease at least thirty (30) days prior to the expiration of the primary term or any subsequent renewal period. C. Consideration- The Lessee shall pay to Lessor in Lubbock, Texas, as consideration for this Lease the sum of $4,650.00 per month beginning May 1, 2008. D. Utilities- Lessor shall be responsible for the payment of all costs for utilities for the leased premises while this agreement is in effect. II. DUTIES OF LESSEE A. Use of Leased Premises- Lessee shall use the leased premises for personnel offices, garage and storage purposes only (or such other use as may be consistent with such purposes), unless Lessee obtains written consent from Lessor allowing another use. B. Accpptance and Condition of Leased Premises- Lessee hereby agrees to accept the leased premises as is. Lessee agrees to keep and maintain the leased premises in good repair and to be responsible for all maintenance and repairs within the leased premises, and, upon the expiration or termination of the Lease Agreement, to return said premises to Lessor in as good a state of repair as received, usual wear and tear excepted. C. Alterations Improvements, or Partitions- Lessee must obtain written consent from Lessor prior to placing any partitions on the leased premises or making any alterations or improvements to the leased premises. D. Assignability of Lease- Lessee shall not, without prior written consent from Lessor, transfer or assign any interest in this Lease Agreement or sublet any portion of the leased premises. It is further agreed the Lessee shall store on said leased premises motor vehicles and miscellaneous property which belongs to and is the property of the Lessee, or for which Lessee has legal custody, and shall not store motor vehicles or any other property on the said leased premises for which Lessee does not have title or custody, or which is not being held on said premises for Lessee's business purposes. E. Signs- Lessee shall not use the premises or any part thereof for the erection or display of any advertising material or signs; provided, however, that Lessee may erect a sign for the purpose of identification of its business contained thereon. Such sign shall not be erected by nailing or bolting or otherwise pressing objects through or penetrating the roof of any building located on the premises, or in such a manner as to damage or cause deterioration of the leased premises. F. Compliance with Laws and Ordinances- Lessee shall comply with all laws, ordinances, orders, or requirements of the State of Texas, County of Lubbock, City of Lubbock, State Fire Insurance Commission, or any other State department or commission applicable to the leased premises. Lessee shall be responsible for obtaining all necessary approvals and permits which may be necessary for its use of the leased premises. G. Liability Insurance and Indemnification- To the extent allowed by law, Lessee agrees to maintain liability insurance of not less than $500,000 Combined Single Limit- Bodily Injury and Property Damage per Occurrence and $1,000,000 per General Aggregate, and to name Lessor as an additional insured. Such insurance is to be evidenced by a Certificate of Insurance providing a 30 -day notice of cancellation, or non -renewal provision in favor of Lessor. Failure of the Lessee to maintain adequate insurance coverage and limits of insurance does not release Lessee from any of the obligations under this Lease. To the extent allowed by law, Lessee agrees to indemnify and hold harmless Lessor from all claims, demands, liabilities, and causes of action of any kind whatsoever arising or resulting from the willful or negligent act or omission of Lessee, its agents, employees, or invitees in connection with Lessee's use and occupancy of the leased premises or its operation of business thereon during the term of this Lease, involving the death or injury to any person or damage or destruction of the property of any person. Pa H. Liens- Lessee shall keep the leased premises free and clear from liens arising out of any work performed, materials furnished, or obligations incurred by Lessee, including mechanic's liens. 1. _Lessor's Liabilijy- The lessor shall not be liable to Lessee for any damage or injury to its property occasioned by wind, water, or by a defect in the sprinkler systems, sewage facilities, nor for such damages or injury caused by the act, omission, or negligence of other tenants, other persons, occupants of adjacent buildings, or owners of adjacent or contiguous property, all claims as against the Lessor for such damage or injury being hereby expressly waived by the Lessee. The Lessee is to make and pay for all repairs made necessary by the negligence of itself, its agents, or its employees. J. Surrender of Premises- Lessee agrees that at the expiration or termination of the Lease, it will quit and surrender the leased premises without notice, and will deliver to Lessor all keys belonging to the leased premises. All alterations, additions, or improvements made by Lessee and affixed to the premises shall become Lessor's property and shall be surrendered with the leased space as a part thereof at the expiration of the Lease. The Lessee may remove all personal property, trade fixtures, and office equipment, whether attached to the premises or not, provided that such may be removed without serious damage to the leased premises. All holes or damage to the building or leased space caused by removal of such items shall be repaired and restored by Lessee at Lessee's expense, promptly after removal of property. M. DEFAULT This Lease shall be declared in default if Lessee shall allow the rent to be in arrears more than 15 days after written notice of such delinquency, or shall default in performance of any, or all, of its covenants or agreements and remain in default for 15 days after written notice is given of such default by Lessor. If the default is of a nature requiring more than 15 days to cure, Lessee shall within 15 days commence, and shall thereafter faithfully prosecute curing the default. In case of default, Lessor shall have all remedies set forth in Paragraph IV below. If Lessee becomes insolvent or if a receiver, assignee for creditors, or other liquidating officer is appointed for Lessee's business, Lessor may terminate this Lease at his option. IV. REMEDIES UPON DEFAULT A. Legal Enforcement and Forfeiture of the Lease- In the event of default, Lessor may enforce the performance of the Lease in any of the modes provided by law and declare the Lease forfeited at Lessor's discretion, and he, his agent or attorney, shall have the right without further notice to the Lessee to re-enter and remove all persons and/or property therefrom without prejudice to any remedies or arrears of rent, or breach of covenant, and Lessor, his agent or attorney, may resume possession of the leased premises and relet the same for the remainder of 3 the term at the best rent obtainable for the account of the Lessee, who shall make good any deficiencies. B. Re-entry- If Lessor re-enters the lease premises or takes possession of it before normal expiration of this Lease in accordance with its terms, Lessor shall have the right, not the obligation, to remove from the ]eased premises all personal property located thereon and may place it in storage in a public warehouse at the Lessee's expense and risk. W GENERAL PROVISIONS A. Notice- Except as otherwise required by statute, all notices given pursuant to the provisions of this Lease shall be in writing, addressed to the party whom the notice is given, and sent by registered or certified mail postpaid to the last known mailing address of the party. B. Binding Effect- The terms, conditions, and covenants of this Lease shall inure to and be binding on the heirs, successors, administrators, executors, and assigns of the parties hereto, except as otherwise provided herein. C. Waiver- The failure of Lessor to insist upon strict compliance with the covenants of the Lease shall not constitute a waiver of any breach of this Lease. D. Distruction of Premises- In the event of loss, damage, or destruction by fire, wind, storm, flood, or other calamity of any portion of the premises herein demised during the term of this Lease, it is specifically agreed between the parties hereto that the Lessor shall have the option to repair and rebuild said premises. In the event that Lessor does not rebuild or repair, replacing said premises in as good as a condition as of the date of such calamity, then all obligations herein imposed upon the Lessee shall cease and this contract shall thereupon be at an end. During such repair or rebuilding, no rental shall be assessed against or due by Lessee, and the term of this Lease shall be extended for a period of time equal to the time elapsing from the date of such loss, damage, or destruction to the date that repairs are completed or the date that Lessee renews its use of such premises, whichever date shall first occur. Lessor shall have ninety (90) days from the date of its knowledge of such damage or destruction in which to exercise its option to rebuild the premises. If Lessor fails to exercise its option to rebuild within such ninety (90) days, this Lease shall then terminate and thereafter all parties shall be relieved from further obligations hereunder. E. Legal Construction- 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 individuality, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. F. Time of the Essence- Time is expressly declared to be of the essence in this lease. 4 G. Prior Agreement Superseded- This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. H. Amendments- No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. In testimony hereof, the parties to this agreement have caused these presents to be executed by their duly authorized officers on the day and year first above written. LESSOR: CITY OF LUBBOCK LESSEE 01 01 By: DAVID A. MILLER, MAYOR WESTCAL dba WEST TEXAS WAREHOUSE COMPANY ATTEST: Reh cca Garza, City Secretary APPROVED AS TO CONTENT: M4 Yeaigvood,hief Information Officer/Assistant City Manager APPROVEDAS TO FO 4A arold Willard, Assistant 15ty Attorney Lease Agreement -Bill Clement & LPD 12/05/06 5