HomeMy WebLinkAboutResolution - 2000-R0091 - Lease Agreement - Fiestas Del Llano Inc. - 03/23/2000Resolution No. 2000-R0091
March 23, 2000
Item No. 46
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 on behalf of the City of Lubbock a lease agreement and any associated
documents by and between the City of Lubbock and Fiestas del Llano, Inc., which lease
agreement is attached hereto and which shall be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 23rd day of March , 2000.
WINDY S 0 , AY
"Jt'EST:
Kayth Darnell, City Secretary
APPROVED AS TO CONTENT:
I l ,ASG
Bob Cass, City Manager
APPROVED AS TO FORM:
D'o&d G. Vandiver, First Assistant City
Attorney
Dares/Fkstasms
February 22, 2000
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Resolution No. 2000—R0091
March 23, 2000
Item No. 46
THIS LEASE AGREEMENT is entered into this day between the City of
Lubbock as Lessor (hereinafter called City), a Texas home rule municipal corporation,
and Fiestas Del Llano, Inc., as Lessee (hereinafter called Fiestas), a ,texas not-for-profit
corporation; and
WHEREAS, the parties hereto believe that this Lease Agreement will serve a
public purpose and will serve to promote local economic development and stimulate
business and commercial activity within the City of Lubbock.
The City does hereby lease to Fiestas a building located at 2422 3`d Street,
formerly known as City of Lubbock Fire Station No. 4.
The term of this lease shall be for ten (10) years beginning upon the date of
execution of thus agreement by the parties hereto. It shall be renewable at expiration upon
mutual agreement of the parties as to terms and conditions for subsequent periods.
Fiestas shall pay to the City as rental for such premises the sum of One Hundred
Dollars ($100.00) per year and other good and valuable consideration with the payment
for the first year due upon execution of this agreement and a like sum being due upon the
same day of each year during the term of this lease agreement.
IV.
Fiestas hereby agrees to effect any needed repairs to the roof of the premises
within forty-five (45) days after execution of this agreement by the parties. The City will
be responsible for repairing presently damaged portions of the interior ceiling including
asbestos abatement where needed and cleaning up fallen materials containing asbestos
during the same time period. Fiestas shall be responsible for any future asbestos
abatement or cleanup required during the term of the agreement.
Fiestas hereby agrees to perform the following additional duties:
Maintain electric utility service with Lubbock Power & Light.
2. Pay all utility bills on or before their due dates.
3. Remodel the building in substantial compliance with the plans and
drawings attached hereto as Exhibit A, which exhibit is made a part of this agreement for
all intents and purposes.
4. Pay for all structural changes or remodeling as may be approved by the
City Manager of the City of Lubbock or his designated agent.
5. Fully insure the building for any or all occurrences, including vandalism
or acts of God, in an amount of not less than Five Hundred Thirteen Thousand Two
Hundred Sixteen Dollars ($513,216.00). In addition, Fiestas shall also maintain a general
liability insurance policy naming the City as an additional insured in an amount of not
less than Three Hundred Thousand Dollars ($300,000.00) during the term of this
agreement.
6. Maintain the building and grounds in a condition acceptable to the City
Manager of the City of Lubbock and consistent with its condition upon the
commencement of this Lease.
7. Make no unlawful, improper or offensive use of the building.
8. Shall not sublease or assign the building or any part of it to another
without the express written permission of the City Manager of the City of Lubbock.
9. Hold the City of Lubbock, its officers, employees and agents harmless
from any or all claims for damages of any nature whatsoever arising from the use of the
building by Fiestas, its officers, employees and agents, or by any member of the public.
V.
This Lease may be terminated (1) if Fiestas shall fail to establish to the
satisfaction of the City within three (3) years of the date of execution of this agreement
that it has sufficient funds on hand in a dedicated account to renovate said property for
use as a Hispanic Heritage & Cultural Arts Center, which amount shall be not less than
Four Hundred Sixty-three Thousand One Hundred Four Dollars ($463,104.00); (2) if the
agreed upon renovations to the building have not been completed with five years (5)
years of the date of execution of this agreement; (3) upon expiration of the term stated
above; (4) upon violation of any of the conditions of this Lease, or (5) by mutual
agreement of the parties. Notice in regard to termination shall be deemed properly
delivered when a copy is hand to the City Manager of the City of Lubbock or to the
Manager of Fiestas.
Executed this 23rd day of March , 2000.
FIESTAS: CITY OF :•
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1�.!
PENNY MOIdWPRE9ff5ENT VINDY SWfON,
7AST: ATTEST:
Theresa Heae . , Secretary Kay' t Damell, City Secretary
APPROVED AS TO CONTENT:
✓I ca
Bob Cass, City Manager
• • � • • III
Datiiald G. Vandiver, Firsl Asssistant City
Attorney
DdwWReslmleo e.doc
Mmch 13, 2000
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72
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Resolution No. 2000-80091
March 23, 2000; Item No. 46
Hispanic
Heritage &
Cultural Arts
Center