Loading...
HomeMy WebLinkAboutResolution - 2000-R0060 - Interlocal Lease Agreement - Garza County - 02/24/2000Resolution No.2000-R0060 February 24, 2000 Item No. 34 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 an Interlocal Lease Agreement between the City of Lubbock and Garza County, Texas, and any other related documents. Said Agreement 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 24th day of February , 2000, Max Ince, Mayor Pro Tem APPROVED AS TO CONTENT: Terry Ellerb ok Managing Director Water Utilities APPROVED AS TO FORM: M ew L. ATe As istant City Attorney RKC:cp Ccdoes/GarzaCounry-CityL.easeAgr.Res January 31, 2000 Resolution No. 2000—R0060 February 24, 2000 Item No. 34 INTERLOCAL LEASE AGREEMENT LESSEE: Garza County, Texas LESSOR: City of Lubbock, Texas Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the Equipment described in Exhibit "A" attached hereto ("Equipment") in accordance with the following terms and conditions of this Agreement ("Lease"). 1. TERM. This Lease shall become effective upon the execution hereof by Lessor. This Lease shall continue ("Lease Term") for the effective period of that certain Interlocal Agreement, dated on or about November 11, 1999, by and between Lessor and Lessee, regarding law enforcement activities at Lake Alan Henry (the "Interlocal Agreement"). This Lease shall automatically expire, if not sooner as provided herein, upon the expiration or termination of the Interlocal Agreement. 2. RENT. Lessee agrees to pay to Lessor the sum of one dollar ($1.00) per year as rental for the Equipment (the "Lease Payment"). 3. DISCLAIMER OF WARRANTIES. Lessee acknowledges and agrees that the Equipment is of a size, design and capacity selected by Lessee, that Lessor is neither a manufacturer nor a vendor of such equipment, and that LESSOR HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, FITNESS FOR USE, OR SUITABILITY OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE, OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT THERETO, AND LESSOR SHALL NOT BE OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT AND THE MAINTENANCE THEREOF. THE LEASE OF THE EQUIPMENT TO LESSEE IS AS IS, WHERE IS, AND WITH ALL FAULTS. 4. TITLE TO EQUIPMENT. Upon execution of this Lease by Lessor, title to the Equipment will vest in Lessee subject to Lessor's rights under this Lease and/or the Interlocal Agreement, provided however, that in the event of termination of this Lease, title will immediately vest in Lessor without any action by Lessor and Lessee shall immediately surrender possession of the Equipment to Lessor. Further, to avoid the provision for security interests in favor of Lessor, even though title to the Equipment shall vest in Lessee as provided above, ownership set forth on the title certificates evidencing ownership of the Equipment shall not be transferred from Lessor to Lessee. Interlocal Lease Agreement Garza County, Texas/City of Lubbock, Texas Page 1 of 4 5. ALTERATIONS. Lessee shall not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 6. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease, if any. Lessee shall pay, when due, all charges and taxes (local, state and federal), if any, which now or hereafter shall be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor. 7. RISK OF LOSS. Lessee assumes the risk of loss of or damage to the Equipment as set forth in the Interlocal Agreement. 8. INSURANCE. Lessee, shall, at its expense, maintain at all times during the Lease Term, (i) comprehensive automobile and water craft liability insurance with respect to the Equipment in the amount of bodily injury/property damage of Five Hundred Thousand and no/100 Dollars($500,000.00) combined single limit, with Lessor named as an additional insured and providing a waiver of subrogation; and (ii) general liability insurance coverage of One Million and no/100 Dollars ($1,000,000.00) combined single limit in the aggregate and per occurrence, with Lessor named as an additional insured and providing a waiver of subrogation. Each insurance policy shall contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or cancellation thereof. Upon execution of this Lease by Lessor and upon each insurance renewal date, Lessee. will deliver to Lessor a certificate evidencing such insurance. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation related thereto. 9. INDEMNIFICATION. LESSEE SHALL INDEMNIFY AND HOLD HARMLESS THE LESSOR FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, DAMAGES OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER, OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER OR OMISSION OF SUCH ACTIVITIES, INCLUDING WITHOUT LIMITATION, SUCH LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE NEGLIGENCE OR FAULT OF LESSEE, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AGENTS AND/OR DESIGNEES. This provision shall survive the termination or expiration of this Lease. Interlocal Lease Agreement Garza County, Texas/City of Lubbock, Texas Page 2 of 4 10. ASSIGNMENT AND SUBLEASE. Without Lessor's prior written consent, Lessee shall not either (i) assign, transfer, pledge, hypothecate, or grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment; and/or (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. No permitted assignment or sublease shall relieve the Lessee of any of its obligations or duties hereunder, which shall remain those of a principal and not a guarantor. 11. EVENT OF DEFAULT. The term "Event of Default", as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder or set forth in the Interlocal Agreement and such failure is not cured within twenty (20) days after the written notice thereof by Lessor; (iii) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20) days after institution or occurrence thereof; or (iv) an attachment, levy or execution is threatened or levied upon or against the Equipment. 12. REMEDIES. Upon the occurrence of an Event of Default, and as long as. such Event of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare an amount equal to all amounts then due under the Lease, and all remaining Lease Payments due to be immediately due and payable, whereupon the same shall become immediately due and payable, (ii) by written notice to the Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same; and (iii) exercise any other right, remedy or privilege which may be available to it under law, equity or contract, including without limitation, the exercise of appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and Interlocal Agreement and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies. listed above or any other remedy available to Lessor. 13. NOTICES. All notices to be given under this Lease shall be made in conformance with Section 4.02 of the Interlocal Agreement. 14. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. Interlocal Lease Agreement Garza County, Texas/City of Lubbock, Texas Page 3 of 4 15. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the laws of the State of Texas, and any suit, action or other legal proceeding relating to this Lease shall be brought in Lubbock County, Texas. 16. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease. 17. ENTIRE AGREEMENT. This Lease, together with the Interlocal Agreement, constitutes the entire agreement between the parties with respect to the lease of the Equipment and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof or the Interlocal Agreement shall not operate as a waiver of any subsequent breach thereof. 18. INTERLOCAL AGREEMENT. This Lease is executed pursuant to Chapter 791 of the Texas Government Code. The parties hereto do hereby expressly agree that the payment prescribed herein is an amount that fairly compensates the Lessor for the lease of the Equipment hereunder, and that such payment shall paid from the current revenues available to the Lessee. LESSOR: CITY OF LUBBOCK Max Ince, Mayor Pro Tem A ST: Ka a arnell, City Secretary APPROVED AS TO CONTENT: erry Ellerbrook Managing Director Water Utilities LES GILEN'DALBY, MUNTY GARZA COUNTY, TEXAS APPROVELW.I. TO FORM: r 4✓4DI5 Xur, 4 erY Wiry. xxc: m cityau\RichardlGarzaCounty.Lc=eAgr January 25, 2000 Interlocal Lease Agreement Garza County, Texas/City of Lubbock, Texas Page 4 of 4 Resolution No. 2000-Roo60 February 24, 2000 Item No. 34 EXHIBIT "A" 1. Ford Pickup, 1999 year model, vehicle identification number 1FTRX18L2XYA52638. 2. Wooldridge Aluminum Boat, 1994 year model, identification number WLG18216B494. 3. Wooldridge Boat Trailer, 1994 year model, vehicle identification number 1 ZE1 SJY19RA021077. 4. Evinrude Motor, 1994 year model, motor identification number 03590078.