Loading...
HomeMy WebLinkAboutResolution - 2974 - Lease Agreement - LRMHMRC - Building Relocation - 12/08/1988Resolution #2974 December 8, 1988 Item #5-B JWF:dw 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 a Lease Agreement to be entered into by and between said City (as Lessor) and the Lubbock Regional Mental Health Mental Retardation Center, a local regional agency, created pursuant to the Texas Mental Health and Mental Retardation Act of the State of Texas, Articles 5547-201 to 5547-204, V.A.C.S., attached herewith, 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 8th day of December , 1988. By:.LZ� Mayor Pro Tem C. M INN, MAYOR ATTEST: BYAMIW--(&�eputy City Secretary for Ranette Boyd, City Slecretary APPROVED AS TO CONTENT: �� 1"X;ZL W.'A. Payne, Director of Building Services APPROVED AS TO FORM: gt�4q74`5-W J.(Wghth Fullingim, Assistant Cit A t rney Resolution #2974 JWF:dw LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement of Lease dated as of December 8, 1988, is entered into by and between the Lubbock Regional Mental Health Mental Retardation Center, a local regional agency created pursuant to the Texas Mental Health and Mental Retardation Act of the State of Texas, Articles 5547-201 to 5547-204, V.A.C.S., herein called"LESSEE", and the City of Lubbock, a Texas home rule municipality, herein called "LESSOR", do hereby contract and agree as follows: I LESSEE is or is to become the owner of a residential structure in consideration for the removal thereof by LESSEE from a location owned by the residential structure's present owner. LESSEE has requested of LESSOR the right and permission to relocate said residential structure upon vacant land owned by LESSOR, and LESSOR is agreeable to granting such request by LESSEE upon the terms and conditions as hereinafter set forth. Said residential structure is the personal property of the LESSEE, and shall not be considered attached to the real estate, and shall remain the property of the LESSEE unless and until said residential structure becomes the property of the LESSOR under Section X of the lease as hereinafter set forth. II. The considerations for this lease are the payment of rents as hereinafter set forth in Section III of this lease, the maintenance of the leased premises by the LESSEE, at its expense, in a neat, attractive and orderly manner, the public purpose of caring for persons with mental illness by LESSEE, which will inure to the benefit of the City of Lubbock and its environs, and the mutual agreements made by LESSEE and LESSOR as set forth in this lease. LESSOR hereby leases land described as Lots 1-7 (inclusive) and the North One -Half (1/2) of Lot 8, all in Block 191 of the Original Town of Lubbock, Lubbock County, Texas, for a term of five (5) years beginning December 8, 1988 and ending December 7, 1993, for an annual rental of $4,242.40, which annual rental is to be satisfied during the entire initial five (5) year term by the payment by LESSEE of the maintenance costs of the landscaping and grounds in the estimated amount of $7,500.00 ($1,500.00 per year for five years) on the leased premises and payment by LESSEE of the costs of construction of an asphalt parking lot, landscaping, fencing, concrete sidewalk and arches, curbing and concrete approach as shown on the Site Plan of such improvements designated as Exhibit A and attached hereto and made a part hereof for all purposes, the estimated value of such improvements being $13,712.00; therefore, the total value of maintenance and improvements construction to be made and done by LESSEE is $21,212.00 resulting in an annual rental of $4,242.40, which is satisfied by payment for the costs for such maintenance and construction by LESSEE as aforesaid. This lease shall automatically be renewed for successive one (1) year terms after the expiration of the five (5) year term unless either LESSOR or LESSEE shall give written notice to the other party by certified United States Mail sixty (60) days before the expiration of the initial five (5) year term, or sixty (60) days prior to the expiration of any subsequent one (1) year term to the effect that such party giving the notice to the other party is terminating the lease at the end of the five (5) year term, or at the end of the subsequent one (1) year term (in which the lease is terminated) as the case may be. The landscaping and other improvements made by LESSEE in satisfaction of rents for the first five (5) years of this lease, shall become the property of the City of Lubbock at the time and date made and completed by LESSEE. After the expiration of the first five (5) years of the lease, the annual rental under this lease shall be at the rate of $2,444.20. Against this annual rental rate there is hereby -2- allowed a credit to LESSEE the -greater of the sum of $1,500.00 per year for LESSEE's maintenance of the landscaping and grounds or the actual maintenance, improvements, or repair costs done to the grounds, landscaping or building resulting in an amount of net annual rental payable in cash or credit as defined above by LESSEE to LESSOR each year after expiration of the five (5) year term- of- the• d1ffer.ence between the 'annual rental rate of $2,444.20 and the credit as defined above payable on or before December 8, 1993 and annually on each 8th day of December of each year subsequent to December 8, 1993 during the life of this lease. IV. Any notices required under this lease to be given by LESSOR or LESSEE to the other party, shall be addressed as follows: (1) AS TO LESSEE: Executive Director Lubbock Regional Mental Health Mental Retardation Center 1210 Texas Avenue Lubbock, Texas 79401-4088 or the last known address of the addressee. (2) AS TO LESSOR: City Manager City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 or the last known address of the addressee. V. This lease shall not be assigned in whole or in part by LESSEE without the express written consent of the City Manager of the LESSOR. VI. The LESSEE is to relocate the existing residential structure to the site being hereby leased to LESSEE by LESSOR, and LESSEE shall bear all expense of such relocation. The residential structure, being so relocated, is required to be brought into compliance with all Building, Electrical, and Plumbing Codes, and all Zoning, Subdivision, and Building Regulations of the City of Lubbock of whatsoever kind or nature, and all regulations of the -3- State of Texas and/or Federal Regulations which are applicable to the construction, reconstruction and use of the premises by LESSEE. The leased premises shall also comply with landscaping and parking regulations of the City of Lubbock. LESSEE is allowed to do such improvements as are necessary including, but not limited to dirt work, landscaping, pouring of slabs and sidewalks, and other improvements as required to render the leased premises suitable for the uses intended under the lease, all of which such improvements shall comply with all governmental regulations as set forth in this section of the lease. All such compliance with regulations shall be met by LESSEE before the premises is used by LESSEE for the purposes herein leased. VII. The premises herein leased is to be used by LESSEE and is for the public purpose of the LESSEE providing an intermediate care residential facility for persons who are mentally ill and known by LESSEE to be non-violent. VIII. This lease may be terminated by LESSOR for cause upon sixty (60) days written notice by LESSOR to LESSEE by certified United States Mail if the LESSEE violates any of LESSEE'S agreements under the terms of this lease. IX. The LESSEE shall upon termination of this lease for any reason within six (6) months after the date of such termination remove the residential structure located upon the leased premises as the personal property of the LESSEE, such removal to be done at the expense of the LESSEE. All debris and concrete foundation or slab for the residence shall be cleared away at LESSEE'S expense within six (6) months of the date of termination of this lease so the premises will be in as good a condition as the premises were in prior to the placement of the residential structure upon the leased premises by LESSEE. -4- X. If the residential structure is not removed by LESSEE as LESSEE'S personal property from the leased premises within six (6) months after the date of termination of the lease, such residential structure shall become the property of the LESSOR without any further action by the parties hereto, or any further instrument in writing being required. XI. LESSEE shall procure and maintain at its expense during the life of this lease a public liability insurance policy with adequate coverage specifically covering the leased premises at its location with the City of Lubbock as the named insured or as an additional named insured protecting the City against loss as to death or bodily injury and property damage claims. Such policy shall be furnished to the Director of Building Services of the City of Lubbock. XII. During the life of this lease, LESSOR is entitled to request of the LESSEE satisfactory evidence by LESSEE of the kinds and amounts of expenditures and payments made and any available receipts thereof, and all of such documentation shall be promptly furnished by LESSEE to LESSOR to verify expenditures made to meet LESSEE's obligations under this lease. XIII. Notwithstanding any other provision of this lease, during any twelve month period during the life of this lease, if LESSEE fails to budget and appropriate sufficient funds to meet LESSEE's obligations under this lease, then in such event (of failure) this lease shall automatically terminate. -5- EXECUTED with an effective date of the 8th day of December, 1988, in duplicate original copies each copy having the dignity of an original for all purposes. LESSEE: LUBB REGIONAL MENTAL HEALTH ME AL RT ARDATIO CE R� t B . ,�AEM KI EL CRETARY OF ITS BOARD OF TRUSTEES BY: GENE MENET—EE ITS EXECUTIVE DIRECTOR LESSOR: CITY OF LUBBOCK BY: Mayor Pro Tem for BV C. McMINN MAYOR ATTEST: BY• r eputy City Secretary for Ranette Boyd, City Secretary APPR CONTENT: W. J Payn Director of Building Services APPROVE AS TO ORM: A' J. Worfj Fullingim, Assistant City A orney -6- STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared JIM KIMMEL, Secretary of the Board of Trustees, of the LUBBOCK MENTAL HEALTH MENTAL RETARDATION CENTER, and acknowledged to me that he executed the foregoing instrument for the purposes and consideration therein expressed and in the capacity as hereinabove stated as the act and deed of the Lubbock Mental Health Mental Retardation Center this day of X !�' 2q -..: � "oar. , 1988. STATE OF TEXAS § COUNTY OF LUBBOCK § Notary Public, Lubbock County, Texas Typed or Printed Name of Notary My Commission Expires: sl al1(i 1 BEFORE ME, the undersigned authority, personally appeared GENE MENEFEE, Executive Director of the LUBBOCK MENTAL HEALTH MENTAL RETARDATION CENTER, and acknowledged to me that he executed the foregoing instrument for the purposes and consideration therein expressed and in the capacity as hereinabove stated as the act and deed of t Lubbock Mental Healo Mental Retardation Center this day of ��� 1988. &i Notary Public, Lubbock County, Texas Typed or Printed Name of Notar My Commission Expires: STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared Joan Baker; -Mayor-Frolemof the City of Lubbock, and acknowledged to me thiat stm executed the foregoing instrument for the purposes and consideration therein expressed and in the capacity thereir� stated as the a t and deed of the City of Lubbock this $ -- day of , 1988. 0, Notary Public,ubbock County, Texas My COMMISSION E -X a'r7S NOVEMBER 30, OLIVIA R. SOLI ,,- Typed or Printed Name of Notary My Commission Expires: -7- Page is too large to OCR.