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Home My WebLink AboutResolution - 2017-R0182 - Lease Agreement With Cast Iron Grill - 05/25/2017Resolution No.2017-R0182 Item No.6.14 May 25,2017 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 for parking by and between the City of Lubbock and Cast Iron Grill, 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 May 25,7.017 ATTEST: cS^}^^* Rebecca Garza,City Secretary APPROVED AS TO CONTENT btffcS Scott Snider,Assistant City Manager <Z>HL jV£TZr^£^_ )ave Booher,Right-of-Way Agent APPROVED AS TO FORM: Ryan/Brooke,Assistant City Attorney ccdocs/RES-Agreement -Cast Iron Grill -Parking Lease 04.26.17 DANIEL M.POPE,MAYOR Resolution No. 2017-RO182 PARKING LEASE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Parking Lease Agreement (the "Lease") is entered into as of the day set forth below, by and between the CITY OF LUBBOCK (the "LESSOR"), and CAST IRON GRILL, (the LESSEE"), who in consideration of the mutual agreements contained herein, does hereby contract and agree as follows: LEASE Section 1. The LESSOR, subject to the terms and provisions herein, hereby leases unto the LESSEE for a term of two (2) years, beginning May 25, 2017 , and ending May 25, 2019, (the "Term") subject to earlier termination as provided in this Lease, seventy-two (72) parking spaces of the following described tract of land (the "Leased Premises"): BLOCK 232, LOTS 7 THRU 23, ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS. Section 2. The LESSEE, shall pay as a cost for the lease of the Leased Premises the sum of Four Hundred Eighty Dollars ($480.00) in advance on the first (lst) day of each month during the Term (the "Rent"), by check or money order to the CITY OF LUBBOCK, P.O. Box 2000, Lubbock, Texas, 79457, Attention: Property Manager; with the first such payment being due upon the execution of this Lease. Section 3. Any Rent unpaid after the first (lst) day of each month during the Term is delinquent and will constitute a default of the Lease by the LESSEE if not paid according to the requirements of this Section. If all Rent is not paid on or before the fifth (5) day of the month of default, the LESSEE shall pay the lesser of- (i) an initial late charge of twenty-five dollars ($25.00) plus a late fee of one dollar ($1.00) per day thereafter until all delinquent Rent and late charges are paid in full; or, (ii) the maximum charge for the payment of delinquent Rent allowed by applicable Federal, State, or local statute, regulation, rule, order, or ordinance. Daily late charges shall not exceed twenty-five dollars ($25.00) for any Rent. Section 4. The Leased Premises shall be used by the LESSEE as a parking lot for vehicles used by the LESSEE or the LESSEE's customers, guests, licensees, or invitees between the hours of 6:00 a.m. and 2:00 p.m., Monday through Friday. Except as expressly authorized herein, the LESSEE shall have no rights or privileges to utilize the Leased Premises. The LESSEE will restrict the use of the Leased Premises for such purpose, and will not use, or permit the use of, the Lease Premises for any other purpose without first obtaining the written consent of the LESSOR. City of Lubbock Parking Lease Agreement — Cast Iron Grill Page I Section 5. The LESSEE will not commit, or allow to be committed, any waste on the Leased Premises, create or allow any nuisance to exist on the Leased Premises, or use or allow the Leased Premises to be used for any unlawful purpose. Section 6. The LESSOR represents that the Leased Premises are in fit condition for the use as described in Section 4. The LESSEE agrees to accept the Leased Premises on possession as being in good state of repair and suitable for such use and purposes. The LESSEE agrees to surrender the Leased Premises to the LESSOR at the end of the Term in the same condition as when the LESSEE took possession, allowing for reasonable use and wear. Section 7. Partial destruction of the Leased Premises shall not terminate this Lease, nor shall it render this Lease void or voidable, except as provided in this Lease. Nevertheless, the LESSEE may terminate this Lease upon five (5) days written notice in the event of partial destruction. Section 8. TO THE EXTENT ALLOWED BY LAW, THE LESSEE HEREBY HOLDS THE LESSOR HARMLESS, AND INDEMNIFIES THE LESSOR, FROM AND AGAINST ANY AND ALL PAYMENTS, EXPENSES, COSTS, ATTORNEY'S FEES, AND ALL CLAIMS, LIABILITIES, LOSSES, OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSSES OR DAMAGES TO PROPERTY OR INJURIES TO PERSONS, OF ANY KIND OR TYPE, CAUSED WHOLLY OR IN PART BY, RESULTING FROM, OR RELATED IN ANY WAY TO THE NEGLIGENCE OF THE LESSOR, OR ANY ACT OR OMISSIONS BY THE LESSEE OR THE LESSEE'S CUSTOMERS, GUESTS, LICENSEES, OR INVITEES, UNDER THE TERMS OF THIS LEASE OR FOR ANY CAUSE WHATSOEVER ARISING OUT OF, RELATED TO, OR BY REASON OF THE USE OR OCCUPATION OF THE LEASED PREMISES BY THE LESSEE OR THE LESSEE'S CUSTOMERS, GUESTS, LICENSEES, OR INVITEES. Section 9. The LESSEE shall procure and carry throughout the term of this Lease, insurance as specified in the attached Exhibit "A" or shall provide written documentation satisfactory to the LESSOR that the LESSEE is self -insured. Section 10. No improvements of any kind or type are to be placed on the Leased Premises by the LESSEE. If any such improvements are placed on the Leased Premises, they shall be removed by the LESSEE immediately upon the request of the LESSOR at the sole expense of the LESSEE. Section 11. If the LESSEE fails to comply with any conditions and covenants of this Lease, the LESSOR may perform the requirements of this Lease, with the cost and expense of such performance to be charged to the LESSEE in the LESSEE's next installment of the Rent. Section 12. To the extent allowed by law, all goods and personal property of any kind in or on the Leased Premises will be the sole responsibility of the LESSEE, and in no event will the LESSOR be liable for any loss or damage to such goods or property for any reason whatsoever. Section 13. This Lease cannot be assigned in whole or in part by the LESSEE except upon the express written permission of such assignment by the LESSOR, with such consent to be at the sole discretion of the LESSOR. City of Lubbock Parking Lease Agreement — Cast Iron Grill Page 2 Section 14. The LESSEE's rights to utilize the Leased Premises granted hereunder shall be deemed subordinate to the rights of LESSOR. Should the use of the Leased Premises become necessary for any purpose of LESSOR, the LESSOR's use will supersede any use of the Leased Premises granted to the LESSEE under this Lease. If any use of the Leased Property by the LESSEE should be superseded by the LESSOR, the LESSEE will be pro -rated any Rent prepaid at the time of such use. The LESSOR shall make every effort to provide written notice to the LESSEE for any anticipated use of the Leased Premises by the LESSOR that might conflict with the LESSEE's use of the Leased Premises granted under this License. Section 15. The LESSOR 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 LESSOR 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. EXECUTED on this 25th day of May , 2017. CITY OF LUBBOCK CAST IRON GRI DANIEL M. POPE, MAYOR Name (Si nature) Nathe (Printed) ATTEST: D49,e� jjV — Reb cca Garza, City Sec tar City of Lubbock Parking Lease Agreement — Cast Iron Grill Page 3 APPROVED AS TO CONTENT: 'S�,A�vm C � Scott Snider, Assistant City Manager Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Ryan r oke, ssistant City Attorney City of Lubbock Parking Lease Agreement — Cast Iron Grill Page 4 Exhibit "A" - Insurance General Liability: LESSEE's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: • Bodily Injury and Property Damage • Broad form Contractual Liability • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations Other Insurance Requirements: LESSEE shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. A copy of the required endorsements and waivers of subrogation shall be included in the certificate. LESSEE's insurance policy through policy endorsement must name LESSOR as an additional insured and include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance described below must reflect that the above wording is included in evidenced policies. The policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. City of Lubbock Parking Lease Agreement — Cast Iron Grill Page 5 Proposed Parking Lot Lease for Cast Iron Grill