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HomeMy WebLinkAboutResolution - 5128 - Agreement - S&H Welding Company - Termination Of Lease - 03/14/1996Resolution No. 5128 March 14, 1996 Item # 27 'r RESOLUTION i 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 Agreement for Termination of Lease by and between the City of Lubbock and S & H Welding Company, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: Betty . Jahns , City Secretary APPROVED AS TO CONTENT: Mark ar e, Aviation Manager APPROVED AS TO FORM: rola Wil ard, ssistant City Attorney HW.js/A-S&HWLD.REs ccdocs/rev. February 8, 1996 Resolution No. 512$ March 14, 1996 Item # 27 AGREEMENT FOR TERMINATION OF LEASE THIS AGREEMENT for termination of lease is made and entered into this 14th day of March , 1996, by and between the CITY OF LUBBOCK, TEXAS, hereinafter referred to as "Lessor", and S & H WELDING COMPANY, hereinafter referred to as "Lessee." WITNESSETH: WHEREAS, on or about the ninth day of February, 1995, Lessor and Lessee executed a Non -Aeronautical Lease Agreement in which Lessor demised to Lessee a building and unimproved property located in the industrial area of the Lubbock International Airport, hereinafter called the "Airport"; and WHEREAS, Lessor and Lessee have now determined that it is in their mutual best interest to cancel and terminate the lease for the building and unimproved property hereinabove referred to and both the Lessor and Lessee intend to effect the cancellation of such lease by this instrument; NOW THEREFORE: In consideration of the covenants and agreements contained below, and of the release and surrender by Lessee of the lease and all of Lessee's rights in and under the lease and all of Lessee's rights in and to the premises, and of the release by Lessor of all obligations of the Lessee under the lease, and for other good and valuable consideration, the parties agree and warrant as follows: From and after the 14 th I. day of March , 1996, (the "Termination Date"), Lessee remises, releases, quitclaims and surrenders to Lessor the Non - Aeronautical Lease Agreement executed by such parties on or about the ninth day of February, 1995, and all of the estate and rights of Lessee in and to the leased premises, together with all of Lessee's right, title and interest in and to all improvements, furniture, personal property, equipment and fixtures remaining on the leased premises after such date. Notwithstanding any language contained in such Non -Aeronautical Lease Agreement to the contrary, both Lessor and Lessee herein agree that such lease shall be canceled and terminated on the Termination Date as if the actual term of the lease expired on such date. II. Lessee herein releases and discharges Lessor from any and all claims, demands, and causes of action whatsoever against Lessor arising during Lessee's use and occupancy of the leased premises or after Lessee's surrender of the same. Lessor, subject to the warranties and indemnities made in this agreement by Lessee, accepts the surrender of the lease and of the leased premises from and after the Termination Date and forever releases the Lessee from any and all claims, demands or causes of action arising under such lease after such date. IV. Lessee herein acknowledges that on or after the Termination Date, Lessor, its officers, employees and agents have the right to reenter and take possession of the leased premises surrendered by Lessee. V. This agreement is conditioned upon and Lessee herein warrants to Lessor that: (a) Lessee is presently the legal and equitable owner of the leasehold interest being surrendered and has full power and authority to terminate the same. (b) The lease to be surrendered by Lessee is not and has not been assigned or transferred and is not and has not been hypothecated, pledged, mortgaged or in any other way encumbered. AGREEMENT FOR TERMINATION OF LEASE 5 & H WELDING COMPANY ---- PAGE 2 (c) All subleases, concessions and other rights of use and occupancy of the premises, insurance policies, and maintenance and service contracts have been legally terminated and all charges thereunder paid in full and no cause of action against Lessor by any of the aforementioned exists as of the date of this agreement nor will exist on the Termination Date. (d) All charges for utilities payable by Lessee under the agreement to be surrendered have been paid in full. (e) There are no outstanding contracts for the supply of labor or materials as of the date of this agreement, and no work has been done or is being done, nor have materials been delivered in, about or to the premises which have not been fully paid for, such that a mechanic's lien might be asserted against the premises. (f) Lessee has not done anything to encumber the Lessor's title to the leased premises. (g) All taxes, charges, assessments, levies or impositions required by the lease to be paid by Lessee have been paid in full. (h) The premises are now and will, on the Termination Date, be clean and in good order, condition and repair, reasonable wear and tear excepted. (i) All rentals and fees required by the lease have been paid in full through the Termination Date or will be paid within ten (10) days of such date. VI. Lessee herein agrees to defend, indemnify and hold the Lessor harmless from and against all loss or damage sustained by Lessor (and all expenses, costs and attorneys' fees incurred by Lessor in protecting itself from such loss or damage) resulting from any breach by Lessee of the representations and warranties made in this agreement, from any lien, charge, encumbrance or claim against the leased premises, and from any claim against the Lessor for which Lessee is responsible. This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. AGREEMENT FOR TERMINATION OF LEASE S & H WELDING COMPANY -- PAGE 3 IN WITNESS WHEREOF, the parties have caused this instrument to be executed the day and year first written above. LESSOR: CITY BOC BY. DAVID R. LANGSTOr ATTEST: etty M. Johnso , City Secretary APPROVED AS TO CONTENT: Ae-�yt- , , , /,Z::: Marls arle, Aviation Manager AP ROVED AS TO FORM: 9:��6-a arold Willard, Assistant City Attorney HW:js/A-S&HWLD.DOC CityAttduly 24, 1995 LESSEE: S & H WELD G PANY B.Y: AGREEMENT FOR TERMINATION OF LEASE S & H WELDING COMPANY ---- PAGE 4