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HomeMy WebLinkAboutResolution - 2319 - Lease Agreement - GNC Inc - Facility & Site Improvements - 05/22/1986Resolution #2319 May 22, 1986 Agenda Item #17 MH: da 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 a Lease Agreement by and between the City of Lubbock and Guadalupe Neighborhood Center, Inc.., 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 fully copied herein in detail. Passed by the City Council this 22nd day of May , 1986. PCNN, MAYOR ATTEST: Rane a Boyd , City Secretary s APP.&OVEM AS TO CONTENT: ,'Yim Weston, Director of uommuni ty Facilities APPROVED AS TO FORM: Miche e art, AssistantC'it�rney Resolution #2319 LEASE AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE GUADALUPE NEIGHBORHOOD CENTER, INC. STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This agreement entered into this day between the City of Lubbock, a home rule municipal corporation, as Lessor and the Guadalupe Neighborhood Center, Inc., a non-profit corporation organized under the laws of the State of Texas, hereinafter called "Lessee." WITNESSETH: WHEREAS, the objects of Lessee's non-profit corporation is to promote the social welfare of the Guadalupe Neighborhood and their environs by developing a program of recreational, educational, and public services to individuals, families, groups, and the neighbor- hoods to meet the basic needs of residents of the areas; and WHEREAS, the services provided by the Lessee benefit citizens of the City of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock hereby declares the maintenance and operation of the Guadalupe Neighborhood Center in the facilities herein leased to the Lessee to be a public purpose; and WHEREAS, the City Council of the City of Lubbock hereby finds that Lessee has special expertise, knowledge, and experience necessary for the operation of the Guadalupe Neighborhood Center and that the ends of the public good, health, safety, and welfare will be best served by leasing said facilities to Lessee to be used in furtherance of such public purpose. I. NOW THEREFORE, the City of Lubbock, Lessor herein, acting by and through its Mayor, who is duly authorized hereunto, does hereby lease unto the Guadalupe Neighborhood Center, Inc., the building located at 102 Avenue P, City of Lubbock, Lubbock, Texas. Such lease is granted upon the terms and conditions which follow. II. 1. The term of this lease shall be for a period of five (S) years from the date of execution of this agreement. 2. This lease will be automatically extended beyond the primary term from year to year unless cancellation clause is executed. 3. In consideration of the execution of this lease the Lessee agrees to pay to Lessor the sum of $10,080 per year for the term of this agreement less the value of contributions by the Lessee as described in Attachment A, attached and other valuable considera- tions to -wit: operating and maintaining a neighborhood center to serve the needs of residents of the Guadalupe Neighborhood, such residents being persons who are in need of such services and who are citizens of Lubbock; maintaining, upkeeping and insuring said property. Such rentals shall become due and payable at the end of the first year after the execution of this agreement and at the end of each year thereafter throughout the term of this lease. Payment should be made to the Parks and Recreation Director. 4. This lease is granted for the purpose of operating and maintaining a neighborhood center for the benefit of residents of the Guadalupe Neighborhood, and citizens of the City of Lubbock. This lease will be terminated upon the property being used for other purposes. Lessee shall report annually to the Parks and Recreation Director proof that property is being used for stated purposes. Such report shall be filed thirty (30) days following the end of the Lessee's fiscal year and shall, at a minimum, include hours of operation, a list of programming and services provided, the number of participants served, and the number of participant hours. 5. The Lessee agrees that it will adequately insure and pay the premiums on policies of insurance against fire, hail, windstorm, explosion and other hazards on said premises. At such time that the current insurance policy is renewed or November 1, 1986, whichever occurs first, such insurance shall be in an amount equal to the fair market value of such improvements and shall name the City of Lubbock as an insured party as its interests may appear. All policies and certificates of insurance shall contain a provision that written notice of cancellation or of any material change in said policy or policies shall be delivered to the City thirty (30) days in advance of the effective date thereof. Lessee shall deposit with Lessor certified copies of said policy or policies. Lessee will carry and maintain Public Liability insurance in companies licensed to do business in the State of Texas for the protection of the City of Lubbock and naming it as an additional insured, insuring against all claims, losses, costs or expenses arising out of injuries to persons whether or not employed by the Lessee, damage to property whether resulting from acts or omissions, negligence or otherwise of the Lessee or any of its agents, em- ployees, patrons or other persons, and growing out of the use of the said premises by Lessee, such policies to provide for a liability limit on account of each accident resulting in a bodily injury or death to one person of not less than Five Hundred Thousand Dollars ($500,000.00) and a liability limit of not less than One Hundred Thousand Dollars ($100,000.00) for each accident for property damage. Lessee shall furnish evidence to the City of Lubbock of continuance in force of said policies and said policies shall be so worded as to insure ten (10) days notice of cancellation or any modification of such policy to the City of Lubbock. Said policies shall be subject to the approval of the City of Lubbock. 6. The Lessee shall, at its own cost and expense, take good care of said property and fixtures, keeping and maintaining them in good repair during the term of this lease, and making all necessary repairs and replacements to said improvements, including all the routine maintenance, repair and replacement of the heating, air conditioning, plumbing, electrical systems and structure, except such repairs as may be covered as an insured loss under a policy of insurance provided in accordance with Paragraph 5 above. The Lessee shall make no improvements in or to the leased premises without the consent of the Lessor in writing. Any such improvements shall become the property of the Lessor. At the termination of this lease, Lessee shall deliver to Lessor the leased premises in as good condition as at the beginning of the term, natural deterioration, depreciation and damage by fire and the elements only excepted. 7. The Lessor shall, at its own cost and expense, take good care of the park land, including the sidewalks, driveways, and curbs adjoining the leased facility. The Lessor shall be responsible for the maintenance of the landscaping on said property. 8. At all times during the term of this lease, Lessor shall have the right, to enter upon the leased premises during reasonable business hours for the purpose of examining and inspecting the same and determining whether Lessee has complied with all of its obliga- tions hereunder. 9. The Lessee shall comply with all ordinances of the City of Lubbock and laws of the State of Texas applicable to said premises and all orders and requirements imposed by the departments of Health, Zoning and Environmental Control, Sanitation, Police and Fire of the City, County and State. The Lessor may terminate this lease upon a determination by the Lessor that the operation of the Neighborhood Center no longer serves a public purpose or no longer provides a valuable public service to the citizens of the City of Lubbock. 10. The Lessee shall not assign or sublet the premises or any part thereof without the consent of the Lessor in writing or permit any other person or organization to occupy the premises other than the Lessee. 11. The Lessor shall not be liable to the Lessee or to the Lessee's employees, patrons or visitors for any damage by reason of the construction of said building and the Lessee accepts such premises as suitable for the purposes for which the same are leased and agrees to hold the Lessor harmless from all claims for any damage to any person or property in or upon said property. 12. In the event either party desires to terminate this agreement at the end of the primary term or any extension thereof, notice shall be given in writing, 90 days prior to the renewal date, stating that the lease is to be terminated. In the event the lease is terminated, the Lessee shall, within the specified time period, remove its property from the leased premises. 13. Any notice or notices required or permitted to be given pursuant to this Lease may be personally served on the other Party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the Parks and Recreation Director, City of Lubbock, P.O. Box 2000, Lubbock, Texas, 79457, or to Executive Director, Guadalupe Neighborhood Center, Inc., 102 Avenue P, Lubbock, Texas, 79403. 14. The Lessor shall pay the utilities through October 30, 1986. Thereafter, the utilities incurred in the operation of said services are the sole responsibility of the Lessee. All other costs incurred in the operation of said services are the sole responsi- bility of the Lessee as of the acceptance of this agreement. 15. Lessee especially covenants and agrees to pay and dis- charge all reasonable costs, attorney's fees, and expenses that may be incurred by Lessor in enforcing the covenants, agreements, conditions and terms hereof, and all of the same shall be payable to Lessor. Lessor may terminate lease upon the breach of conditions contained in the lease by giving ninety (90) days written notice to the Lessee. EXECUTED this 22nd day of May , 1986. ATTEST: Ranettoyd, City Secretary APPROVED AS TO CONTENT: Rita P. Harman, Assistant City Manager for Public Safety & Services APPROVED AS TO FORM: ';74 CITY OF LUBBOCK .C. McMINN, MAYOR GUADALUPE NEIGHBORHOOD CENTER, INC. PRESIDENT ATTEST: a -Secretary All a ATTACHMENT A LEASE AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE GUADALUPE NEIGHBORHOOD CENTER, INC. The value of contributions made by the Lessee for operating and maintaining a neighborhood center to serve the needs of residents of the Guadalupe Neighborhood are as follows: Utilities $ 3,500 Maintenance 3,189 18,000 Participant Hours x $ .30 per participant = $ 5,400 Total $12,089 The value of the contributions made by the Lessee are used to offset the amount of rent for the terms of the agreement as specified in Section 2, subsection 3.