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Home My WebLink AboutResolution - 4914 - Interlocal Agreement- LISD- Juvenile Holding Center, Curfew Ordinace Violations - 07/28/1995Resolution No. 4914 July 28, 1995 Item #29 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 Agreement, and all related documents by and between the City of Lubbock and Lubbock Independent School District, for leasing real property to use as a holding center for juveniles in violation of the Juvenile Curfew Ordinance, which contract is 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 Passed by the City Council this ATTEST: Ljl'- 'u-C)CtL - Betty A Johnson, eity Secretary APPROVED AS TO CONTENT: �'� ass Bob Cass, City Manager APPROVED AS TO FORM: Dhrfald G. Vandiver, First Assistant City Attorney :dp\ccdocs\holdcntr.Res June 27, 1995 Resolution No. 4914 STATE OF TEXAS § § INTERLOCAL AGREEMENT FOR COUNTY OF LUBBOCK § LEASING REAL PROPERTY This Interlocal Agreement ("Agreement"), is made and entered into by and between LUBBOCK INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as "LISD"), and THE CITY OF LUBBOCK, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, LISD is an independent school district, a political subdivision of the State of Texas, operating under the General Public School Laws of the State of Texas; and WHEREAS, CITY is a home rule municipality incorporated under the laws of the State of Texas; and WHEREAS, CITY has promulgated a Juvenile Curfew Ordinance which applies to all juveniles within CITY; and WHEREAS, LISD desires to assist CITY by leasing LISD property to CITY for the exclusive use as a holding center for juveniles in violation of the Juvenile Curfew Ordinance; NOW, THEREFORE, LISD and CITY do hereby agree as follows: WITNESSETH: I. DIM For and in consideration of ONE AND NO/DOLLAR ($1.00) to be paid by CITY to LISD, LISD does hereby lease to CITY the facility formerly known as New Directions Center, located at 1301 42nd Street, Lubbock, Texas. II. %`_ 1.1 Term. The term of this lease is for a period of one (1) year commencing on the date of execution of this Agreement. 1.2 Renewal. This lease shall thereafter automatically be renewed annually, if not previously terminated under Article VII herein, for five (5) successive one (1) year periods. All payments required to be made by this Agreement shall be made from current revenues available to the paying party. III. CONDITIONS 3.1 CITY's Responsibilities. CITY will have complete responsibility for the facility, including but not limited to maintenance, custodial services, upkeep, utilities (including water, electricity, heat, gas, telephone service and garbage removal), repairs, renovations and all obligations which lie with the property, except for responsibilities listed in 3.2 hereinbelow. CITY shall at its own expense and risk maintain the exterior wall (window glass, plate glass, doors), including but not limited to repairs and all necessary replacement of these items. 3.1.1 CITY shall operate the leased premises as a holding center for violators of the Juvenile Curfew Ordinance continuously during the term of this Agreement and shall use the premises for no other purpose. 3.1.2 CITY at its expense will comply and will cause its officers, employees, agents and invitees to comply with all applicable laws and ordinances and with all applicable rules and regulations of governmental agencies concerning the use of the premises. 3.1.3 During the term of this lease, CITY shall maintain the premises in good repair, and at the termination of the lease, CITY shall surrender and deliver the leased premises to LISD in as good a state of repair and condition as they were in at the time LISD delivered possession to CITY, reasonable wear and tear and damage by fire or tornado or other casualty excepted. 3.2 LISD's Responsibilities. LISD will initially turn on the utilities (including water, electricity, heat, gas) and prepare the premises for occupancy by CITY. LISD shall provide and maintain in force during the term of this lease insurance for building structures, improvements, fixtures and equipment on the leased premises against loss or damage by fire or theft or other catastrophic event. LISD shall maintain the roof, foundation, plumbing, heating and air conditioning, parking lots and walkways. LISD shall have no responsibility for any acts or omissions of CITY employees while employed at facility. IV. ALTERATIONS, ADDITIONS AND IMPROVEMENTS CITY shall not make any material structural alterations, additions or improvements to the leased premises without the prior written consent of LISD. Consent shall not be unreasonably withheld by LISD. V. I:ua 1: 1_ 1,1 W 5.1 If the leased premises or any structure or improvements on the leased premises should be damaged or destroyed by fire or tornado or other casualty, CITY shall give immediate written notice of the damage or destruction to LISD, including a description of the damage and, as far as known to CITY, the cause of the damage. 5.2 If the leased premises should be totally or partially destroyed by fire or tornado or other casualty not the fault of CITY or any person in or about the leased premises with the express or implied consent of CITY, this lease shall terminate and rent shall be abated for the unexpired portion of this lease, effective as of the date written notification is provided in 7.1 hereinbelow. VI. ASSIGNMENT CITY may not assign or sublet, encumber or otherwise transfer this lease or any right or interest in this lease or in the leased premises or the improvements on the leased premises without the written consent of LISD. VII. AMENDMENT AND TERMINATION 7.1 This Agreement may be amended or terminated by mutual agreement of LISD and CITY at any time upon the giving of thirty (30) days written notice of intention to terminate. Mutual agreement is defined as all parties consenting in writing to the unconditional dissolving of this Interlocal Agreement. 7.2 This Agreement may be terminated by either party at any time upon the giving of sixty (60) days written notice of intention to terminate. 7.3 After commencement of this Agreement, LISD has no duty or obligation to make any repairs, modifications or other structural or non-structural alterations or expenditures with respect to the leased premises, other than as stated in Section 3.2, and reserves the right at any time to terminate this lease without further liability or obligation should it be called upon to make such expenditures. VIII. All notices shall be in writing and sent by registered or certified mail addressed as follows: To LISD: Superintendent LUBBOCK INDEPENDENT SCHOOL DISTRICT 1628 19th Street Lubbock, Texas 79401 To CITY: City Manager CITY OF LUBBOCK 1625 13th Street Lubbock, Texas 79457 IX. SEVERABILITY The parties agree that, should any provision of this Agreement be determined to be invalid or unenforceable for any reason, such determination shall not affect any other term of this Agreement which shall continue in full force and effect. X. VENUE This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations that the parties create by this lease are performable in Lubbock County, Texas. XI. 1' a:L w Neither CITY nor LISD shall be required to perform any term, condition or covenant in this lease so long as performance is delayed or prevented by force majeure, which shall mean acts of God, lockouts, material restrictions by any government authority, civil rights, flood, tornados or any other cause not reasonably within the control of CITY or LISD and which, by the exercise of due diligence, CITY or LISD is unable wholly or in part to prevent or overcome. EXECUTED this the 27th day of July , 1995. LUBBOCK INDEPENDENT SCHOOL DISTRICT By: BI MILLER President, Board of Trustees DGV:da cityatt\a-leasng.doc June 27, 1995 �lff"F LUBB� 1 J B ' VID R. LA STON 0 Mayor ATTEST: 8,,rm,- Lk C:�O� Betty Nf Jo son, C y Secretary APPROVED AS TO CONTENT: ,I 0'5 Bob Cass, City Manager APPROVED AS TO FORM: 7,AAf?%VD Ll Donald G. Vandiver, First Assistant City Attorney