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HomeMy WebLinkAboutResolution - 2017-R0070 - Housing Authority Of Lubbock - 02/09/2017Resolution No.2017-R0070 Item No.5.43 February 9,2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council oftheCityof Lubbock does hereby approve the Sublease by and between the Housing Authority of the City of Lubbock and Lubbock Regional MHMR Center dba StarCare Specialty Health System ofthat certain Lease dated February 25,1999,byand between the City of Lubbock andthe Housing Authority of the City of Lubbock.Said Sublease is attached hereto and incorporated in this resolution as if fully set forth hereinandshall be includedinthe minutesof the City Council. Passed by the City Council on February 9 ,2017 • DANIEL M.POPE,MAYOR ATTEST: t£e.JL^.-*.i- ReMcca Garza,City Secretar APPROVED AS TO CONTENT Bill HoWerton,AssistanfCity Manager APPROVED AS TO FORM: RES.LHA-StarCare Sublease. 1.24.17 Resolution No. 2017-R0070 Sublease Date: January 10, 2017 Sublessor: The Housing Authority of the City of Lubbock 708 Avenue G Lubbock, Texas 79401 Sublessee: Lubbock Regional MHMR Center dba StarCare Specialty Health System ("StarCare") P.O. Box 2828 Lubbock, Texas 79408-2828 Subleased Premises: 515 N. Zenith Ave. Lubbock, Texas 79403 Sublease Commencement Date: January 10, 2017 Sublease Termination Date: February 25, 2029 Sublease Option Period: This Sublease may be extended upon the mutual agreement of both Sublessor and Sublessee for one additional ten (10) year period ("Option Period.") Sublessee shall provide written notice to Sublessor not less than 180 days prior to the Sublease Termination Date of Sublessee's desire to extend this Sublease. Sublease Rent: $1 per year Permitted Sublease Use: Sublessor permits Sublessee use of the subleased premises for any purpose in furtherance of StarCare's mission as published in 2016. Base Lease: Date: February 25, 1999 Landlord: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Tenant: The Housing Authority of the City of Lubbock 708 Avenue G Lubbock, Texas 79401 Premises: 515 N. Zenith Ave. Lubbock, Texas 79403 A. Sublessee's Obligations AI.Sublessee agrees to - A.I.a.Sublease the Subleased Premises for the Sublease Term beginning on the Sublease Commencement Date and ending on the Sublease Termination Date, unless Sublessor and Sublessee agree in writing to exercise the additional Option Period. A.I.b.Pay the Sublease Rent to Sublessor no later than January 101h each year of the Sublease. A. I.c.Obey all laws relating to Sublessee's use of the Subleased Premises and terms of the Base Lease as they apply to the Subleased Premises. A. Ld. Vacate the Subleased Premises and immediately remove all of the Sublessee's personal property from the Premises and return all keys to the Subleased Premises on termination of this sublease, unless Sublessor and Sublessee agree in writing to exercise the additional Option Period. A.I.e.Maintain liability insurance for the Subleased Premises and the conduct of Sublessee's business, providing Sublessor written proof of coverage in compliance with the amounts stated in the Base Lease. A.1.f.Maintain insurance on Sublessee's personal property. A.1.g.Deliver declarations of coverage to Sublessor before the Sublease Commencement Date and thereafter within 10 days when requested. A.I.h.Comply with the Sublessor's obligations under the Base Lease unless the terms of this Sublease supersede such terms in the Base Lease. A.2.Sublessee agrees not to - A.2.a.Use the Subleased Premises for any purpose other than the Permitted Sublease Use. A.2.b.Create a nuisance. A.2.c.Interfere with any other tenant's normal business operations or Landlord's management of the building. A.2.d.Permit any waste. A.2.e.Use the Subleased Premises in any way that is extra hazardous, would increase insurance premiums, or would void insurance on the building. A.2.f.Allow a lien to be placed on the Subleased Premises. A.2.g.Assign this sublease or sublease any portion of the Subleased Premises without Sublessor's written consent. A.2.h.Not to renovate the leased structure without first obtaining the Landlord's written consent, which will not be unreasonably withheld. B. Sublessor's Obligations Sublessor agrees to - B.1. Sublease the Subleased Premises to Sublessee for the Sublease Term. B.2.Comply with Tenant's obligations under the Base Lease. B.3.Enforce Landlord's obligations under the Base Lease. B.4.Make available to the Subleased Premises all utility services and Sublessor's rights provided under the Base Lease. B. S.Obey all laws, Codes and regulations relating to Sublessor's operation of the Subleased Premises. BA Obtain in a timely fashion all required, written approvals from Landlord relative to renovations of the premises necessary for Sublessee to conduct operations. C. General Provisions Sublessor and Sublessee agree to the following: C.LDefaults by Sublessee are (a) failing to pay timely Sublease Rent, (b) abandoning or vacating a substantial portion of the Subleased Premises, and (c) failing to comply within ten days after written notice with any provision of the Base Lease or sublease other than the defaults set forth in (a) or (b). C.2.Default by Sublessor is failing to comply with any provision of this sublease within thirty days after written notice or for such lesser period provided in the Base Lease. C.3.Parties' sole remedy for default is to terminate the Sublease. C.4.This sublease is subordinate to the Base Lease, a copy of which Sublessee acknowledges as received. The Base Lease is incorporated herein verbatim except as to any inconsistent terms. C. S. Sublessor may retain, destroy, or dispose of any property left in the Subleased Premises at the end of the Sublease Term. C.6.Sublessor has all the rights of Landlord under the Base Lease as to Sublessee. LESSOR: LESSEE: BY: BY: Michael Chapman, Exe utive Director Cathy Pope, ftieitxecutWe 6fhcer a�i�i Housing Authority of the City of Lubbock StarCare Sp cialty Health System This lease was approved by City Council on February 9111 as per attached Resolution.