HomeMy WebLinkAboutResolution - 2017-R0023 - South Plains Archery Club - 01/26/2017Resolution No.2017-R0023
Item No.6.12
January 26,2017
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 South Plains Archery Club, 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 Tannary ?6,7017 •
DANIEL M.POPE,MAYOR
ATTEST:
*Mtt/L*.
Rebedca Garza, City Secretar
APPROVED AS TO.CONTENT:
//L.Wood/Franklin,P.E.,Director of Public Works
AL^^./JVy^x-^
Dave Booher,Right-of-Way Agent
APPROVED AS TO FORM:
(MM wmuaju
Ke li Leisure,Assistant City Attorney
RES.LeaseAgrmt-South Plains Archery Club
1.3.17
Resolution No. 2017-R0023
LEASE
This Lease is entered into on this 26th day of January , 2017, between THE
CITY OF LUBBOCK, a Texas home rule municipal corporation ("Landlord"), and SOUTH
PLAINS ARCHERY CLUB, a Texas non-profit corporation, ("Tenant").
ARTICLE I. DEMISE OF LEASED PREMISES
Section 1.01 Leased Premises. In consideration of the mutual covenants and agreements
of this lease, and other good and valuable consideration, Landlord demises and leases to Tenant,
and Tenant leases from Landlord the premises situated in Lubbock, Lubbock County, Texas,
legally described on Exhibit A attached to this lease, and made a part of this lease for all
purposes (collectively referred to as "the premises" or "the leased premises" in this lease).
ARTICLE 2. LEASE TERM
Section 2.01 Term. The term of this lease is five (5) years (the "Primary Term")
beginning on the date of execution of this Lease by the Landlord unless terminated sooner as
provided in this Lease. Landlord retains the right, at its election, to terminate this lease by giving
tenant thirty (30) days written notice that lease is terminated.
Section 2.02 Termination. This Lease will terminate without further notice when the
term specified in § 2.01 expires, and any holding over by Tenant after that term expires will not
constitute a renewal of the lease or give Tenant any rights under the Lease in or to the premises.
ARTICLE 3. RENT
Section 3.01 Rent. Tenant will pay Landlord One Thousand and No/100 Dollars
($1,000.00) per year during the term of this Lease, as same may be extended.
Section 3.02 Time of Pam. Tenant shall pay all rent due under this article on an
annual basis, beginning on the date of execution of this Lease by the Landlord, and thereafter on
each annual anniversary date thereof during the term of the lease. In the event this Lease is
extended by the agreement of Landlord and Tenant, tenant shall pay all rent due for the Option
Period on an annual basis. Payments must be in lawful money of the United States.
Section 3.03 Interest. Rent installments unpaid for thirty (30) days shall bear interest at
the rate of twelve percent (12%) annually, beginning on the day after each such installment was
due and continuing until the installment is paid. Nothing 'in this Lease shall be construed as
providing for Landlord receiving collecting and/or demanding a rate of interest greater than
provided for under Texas Law. In the event Landlord receives interest in excess of the highest
lawful rate, such funds shall be applied to the next year's rental payment, or in the event no
further rental payments are due, refunded to Tenant.
1
ARTICLE 4. UTILITIES
Section 4.01 Utilities. Tenant acknowledges that no utilities of any kind, including but
not limited to water, gas, electricity, or sewer are available to or on the leased premises and no
such utilities shall be provided.
ARTICLE 5. USE OF PREMISES
Section 5.01 Use of Premises.
a. Tenant may use the premises for the purpose of operating the hosting of archery
tournaments and for no other purpose without the written consent of Landlord. Tenant may not
place, install, build or construct any improvements on the leased premises. Landlord will not
unreasonably withhold consent to a change of use.
b. Under no circumstances during the term of this lease will Tenant use or cause to
be used on the premises any hazardous or toxic substances or materials, including without
limitation hazardous substances, as defined in the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. § 9601 (14)) and/or asbestos, in any form, or store or
dispose of any such substances or materials on the premises.
Section 5.02 Illegal Use. Tenant may not use all or any part of the premises or any
building situated on them for any use or purpose that violates any valid and applicable law,
regulation, or ordinance of the United States, the State of Texas, the County of Lubbock, the City
of Lubbock, or other lawful authority with jurisdiction over the premises.
ARTICLE 6. ENCUMBRANCE OF LEASEHOLD ESTATE
Section 6.01 No Encumbrance. Tenant shall not encumber the leasehold interest by deed
of trust, mortgage, or other security instrument.
ARTICLE 7. MECHANIC'S LIENS
Section 7.01 Mechanic's Liens. Tenant shall not cause or permit any mechanics' liens or
other liens to be filed against the fee of the premises or against Tenant's leasehold interest in the
land or any buildings or improvements on the premises by reason of any work, labor, services, or
materials supplied or claimed to have been supplied to Tenant or anyone holding the premises or
any part of them through or under Tenant. If such a mechanic's lien or materialman's lien is
recorded against the premises or any buildings or improvements on them, Tenant must either
cause it to be removed or, if Tenant in good faith wishes to contest the lien, take timely action to
do so, at Tenant's sole expense. If Tenant contests the lien, Tenant will indemnity Landlord and
hold it harmless from all liability for damages occasioned by the lien or the lien contest and will,
in the event of a judgment of foreclosure on the lien, cause the lien to be discharged and removed
before the judgment is executed.
2
ARTICLE 8. INSURANCE AND INDEMNIFICATION
Section 8.01 Indemnity and Release. THE TENANT SHALL INDEMNIFY AND
HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND
CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS,
FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES,
OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE
RELATED TO IN ANY WAY, MANNER OR FORM, TO THE ACTIVITIES
CONTEMPLATED HEREUNDER AND ARE CAUSED BY THE ACT, OMISSION AND/OR
NEGLIGENCE OF THE TENANT, THE TENANT'S RESPECTIVE OFFICERS
EMPLOYEES, OFFICIALS AND AGENTS.
THE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE TERMINATION
OF THIS AGREEMENT.
Section 8.02 Insurance. Tenant shall procure and carry, at its sole cost and expense
through the life of this Agreement, insurance protection as hereinafter specified, in form and
substance satisfactory to the Landlord, carried with an insurance company authorized to transact
business in the State of Texas covering all foreseeable aspects and operations in connection with
this Lease, including but not limited to, all aspects, operations and/or occurrences to which
Tenant has indemnified the Landlord, as provided in Section 8.01 hereof. A Certificate of
Insurance specifying each and all coverages and a copy of such policy shall be submitted to the
Landlord prior to the execution of this Agreement. Landlord shall cause each required policy to
require the insurer to (i) give notice to the City as specified herein of termination of any such
policy, sixty (60) days before such termination is to be effective, and (ii) contain a waiver of any
and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by
virtue of payment of any loss under such insurance. Landlord shall provide to the City proof of
the below -described insurance on or before fourteen (14) days prior to the expiration date of each
expiring policy.
Comprehensive General Liability Insurance. Tenant shall have comprehensive
general liability insurance, with limits of $1,000,000.00 combined single limit in
the aggregate and per occurrence. The Landlord shall be named as an additional
insured on a primary and non-contributory basis in such policy.
ARTICLE 9. ASSIGNMENT AND SUBLEASE
Section 9.01 No Assignment. Tenant shall not sell or assign its leasehold estate in its
entirety or any portion of it, nor may it sublet the premises or any portion of them or any portion
of any building or other improvement erected on the premises, without the prior written consent
of Landlord.
3
ARTICLE 10. DEFAULT AND REMEDIES
Section 10.01 Termination on Default. If Tenant defaults in performing any covenant or
term of this lease, and does not correct the default within fifteen (15) days after receipt of written
notice from Landlord to Tenant, Landlord may declare this Lease and all rights and interests
created by it terminated. If Landlord elects to terminate, this Lease will cease as if the day of
Landlord's election were the day originally fixed in the Lease for its expiration.
Section 10.02 Remedies Cumulative. Any termination of this lease as provided in this
article shall not relieve Tenant from paying any sum or sums due and payable to Landlord under
the Lease at the time of termination, or any claim for damages then or previously accruing
against Tenant under this Lease. Further, in the event of termination, Tenant shall have no rights
to any rents paid in advance, and all of said rents shall be and remain the property of Landlord.
Any such termination shall not prevent Landlord from enforcing the payment of any such sum or
sums or claim for damages by any remedy provided for by law, or from recovering damages
from Tenant for any default under the Lease. All Landlord's rights, options, and remedies under
this Lease will be construed to be cumulative, and no one of them is exclusive of the other.
Landlord may pursue any or all such remedies or any other remedy or relief provided by law,
whether or not stated in this Lease. No waiver by Landlord of a breach of any of the covenants
or conditions of this Lease may be construed a waiver of any succeeding or preceding breach of
the same or any other covenant or condition of this Lease.
ARTICLE 11. GENERAL PROTECTIVE PROVISIONS
Section 11.01 Right of Entry. Tenant must permit Landlord or its agents,
representatives, or employees to enter the premises for the purposes of inspection, determining
whether Tenant is complying with this Lease, maintaining, repairing, or altering the premises, or
showing the premises to prospective tenants, purchasers, mortgages, or beneficiaries under trust
deeds.
Section 11.02 No Partnership. The relationship between Landlord and Tenant is at all
times solely that of Landlord and Tenant and may not be deemed a partnership or a joint venture.
Section 11.03 Bankruptcy. Bankruptcy insolvency, assignment for the benefit of
creditors, or the appointment of a receiver will not affect this Lease as long as Tenant and
Landlord or their respective successors or legal representatives continue to perform all covenants
of this Lease.
Section 11.04 No Waiver. No waiver by either party of any default or breach of any
covenant or term of this Lease may be treated as a waiver of any subsequent default or breach of
the same or any other covenant or term of this Lease.
Section 11.05 Release of Landlord. If Landlord sells or transfers all or part of the
premises and as a part of the transaction assigns its interest as Landlord in this Lease, then as of
the effective date of the sale, assignment, or transfer, Landlord will have no liability under this
Lease to Tenant, whenever occurring or accruing.
4
Section 11.06 Security. Tenant shall take any and all actions necessary to protect the
leased premises and all persons who enter upon same. Tenant shall inspect on as frequent a basis
as necessary, the leased premises to identify and remedy all premise defects upon or affecting the
leased premises.
ARTICLE 12. MISCELLANDEOUS
Section 12.01 Delivery of Rents and Notices. All rents or other sums, notices, demands,
or requests from one party to another may be personally delivered or sent by mail, certified or
registered, postage prepaid, to the addresses stated in this section and are considered to have
been given at the time of personal delivery or of mailing.
Landlord
City of Lubbock
Attn: Dave Booher
P O Box 2000
Lubbock, Texas 79457
Telephone: 806-775-2352
Facsimile: 806-775-3074
Tenant
South Plains Archery Club
P O Box 98731
Lubbock, Texas79499
Telephone 806-392-1975
Section 12.02 Multiple Parties. If this Lease names more than one Landlord or Tenant,
service of any notice on any one Tenant or Landlord is considered service on all Tenants or
Landlords, respectively.
Section 12.03 Non -Arbitration. The City 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, the City
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.
Section 12.04 Applicable Law. This agreement is to be construed under Texas law and
all obligations of the parties created by this Lease are performable in Lubbock County, Texas.
Section 12.05 Construction. If any one or more of the provisions contained in this Lease
are for any reason held to be invalid, illegal, or enforceable in any respect, the invalidity,
illegality or unenforceability will not affect any other provision of the Lease which will be
construed as if it had not included the invalid, illegal, or unenforceable provision.
Section 12.06 Prior Agreements. This Lease constitutes the parties' sole agreement and
supersedes any prior understandings or written or oral agreements between the parties with
respect to the subject matter.
5
Section 12.07 Amendment. No amendment, modification, or alteration of this Lease is
binding unless in writing, dated subsequent to the date of this Lease and duly executed by the
parties.
Section 12.08 Rights and Remedies Cumulative. The rights and remedies provided by
this Lease agreement are cumulative, and either party's using any right or remedy will not
preclude or waive its right to use any other remedy. The rights and remedies are given in
addition to any other rights the parties may have by law, statute, ordinance, or otherwise.
Section 12.09 Attorney's Fees. If, as a result of either party's breaching this agreement,
the other party employs an attorney to enforce its rights under this Lease, then the breaching or
defaulting party will pay the other party the reasonable attorney's fees and costs incurred to
enforce the Lease.
Section 12.10 Time of Essence. Time is of the essence of this agreement.
THIS LEASE has been executed by the parties on the date and year first above written.
CITY OF L BOCK
DANIEL M. POPE, Mayor
ATTEST:
6P te J& 4
Rebe ca Garza, City Secretar
APPROVED ASS CONTENT:
P.E., Director of Public Works
Dave Booher, Right -of -Way Agent
APP VED AS TO FORM:
Y?Y� 1 1).
Ry n-$roolze, Assistant City Attorney
SOUTH PLAINS ARCHERY CLUB
I C! t Get , 0 'ti_ b. t d
Print: 0 01- i1fe
Title:
Lease -South Plains Archery Club 12.21.16
n
0 400 600 1200 1600
Survey Feet
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-157403
Date Filed:
01/23/2017
Date Acknowledged:
01/24/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
South Plains Archery Club
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13228
Lease property for archery
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2017-157403
South Plains Archery Club
Lubbock, TX United States
Date Filed:
01/23/2017
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13228
Lease property for archery
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
GOSSETT
Notary State of Texas —1k,
E(aAIMEE
My Commission Expires
June 18. 220118D Signature of authorized agent of contracting business entity
Epp AL RB
AFFIX NOTAWTAg t "JQ' N
n
Sworn to and subscribed before me, by the said � �Ai C J� �t 1 this the 3 rd day of
20to certify which, witness my hand and seal of office.
A&U J��4 e--oszici�L
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277