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HomeMy WebLinkAboutResolution - 1335 - Lease Agreement - Gene Messer Ford Inc - Extended Until 6/1/83 - 03/10/19831� N801 P RESOLUTION 1335 - 3/10/83 See: Reso. 1111, 5/27/81 I JCR: j s 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 di- rected to execute for and on behalf of the City of Lubbock a Lease Agreement between the -City of Lubbock and Gene Messer Ford, Inc. attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes hof this Council shall constitute and be a part of this Resolution as if fully (copied herein in detail. Passed by the City Council this 10th day of _ March , 1983. BILL McALISTER, MAYOR ATTEST Evelyn Ga ga, City S cr. t y -Treasurer APPROVED AS TO CONTENT: 46a�� Robert Massengale, AsAfistant City Manager APPROVED AS TO FORM: C. Ross, Jr., City Attorney RESOLUTION 1335 - 3/10/83 See; Reso. 1111, 5/27/82 THE STATE OF TEXAS § COUNTY OF LUBBOCK § LEASE AGREEMENT This agreement entered into as of the 10th day of March , 1983, by and between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "Lessor" and Gene Messer Ford, Inc., a Texas Corporation, hereinafter called "Lessee". WITNESSETH WHEREAS, the Lessor is the fee owner of the premises described as Exhibit "A" attached hereto and made a part of this lease for all purposes, and WHEREAS, the Lessor and Lessee did heretofore on the 27th day of May, 1982 execute a lease agreement on the premises described in Exhibit A which lease agreement expired in accord- ance with its terms on October 31, 1982, and WHEREAS, since the expiration of said lease, Lessor has consented to Lessee holding over possession of said premises on a month to month basis until March 31, 1983, and WHEREAS, Lessee has notified Lessor that a new building Lessee has under construction will not be completed, due to bad weather conditions, in time for Lessee to vacate the premises by April 1, 1983, and WHEREAS, Lessee has asked that he be allowed to remain in possession of the premises described in Exhibit A until June 1, 1983, and WHEREAS, the Lessor plans to construct on the premises a new City Health facility to meet public needs, and __WHEREAS, Lessor leases to Lessee said premises until June 1, 1983 conditioned upon the execution of this lease agreement with the terms and conditions herein set forth. NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. Lessor does agree to lease to Lessee the premises described in Exhibit A attached hereto and made a part hereof. 2. The term of this lease shall be from the date of execution of this lease until June 1, 1983, at which time this lease shall terminate and be of no further force or effect except as to those provisions that apply to Lessee holding over as a month to month tenant. 3. As consideration for Lessor agreeing to lease the premises described in Exhibit A until June 1, 1983, Lessee agrees to pay Lessor the sum of $3,500.00 per month payable in advance on the first day of the month during this term of this lease, payable at City Hall, 10th and Texas Avenue, Lubbock, Texas. 4. As an additional consideration for Lessor foregoing its right to seek immediate possession of the premises described in Exhibit A, the Lessee agrees to pay to Lessor the following sum: The money difference in cost of construction between what the cost of construction would be to Lessor on April 1, 1983 and June 1, 1983 which cost is agreed between the parties to be NO dollars. 5. Lessee agrees to maintain the premises in a good state of repair, reasonable wear and tear excepted, and to peacefully yield up possession of the premises unto Lessor upon termination of this Rental Agreement in as good condition as it was prior to this agreement, reasonable wear and tear excepted. 6. In the event that Lessee does not vacate the premises described in Exhibit A attached hereto on termination of this lease, which termination date is June 1, 1983, then in such event Lessee shall be deemed to be a month to month tenant of Lessor and Lessee shall pay to Lessor in addition to a monthly rental of $3,500.00 per month the sum of NO dollars per day which the parties hereto recognize and agree represents the daily increased construction costs the Lessor will incur due to Lessee holding over possession of the premises after June 1, 1983. 7. In the event Lessee holds over possession of the premises described in Exhibit A after June 1, 1983 and becomes a -2- month to month tenant of Lessor, then in such event it is agreed and understood that Lessor reserves unto itself and shall have all the remedies provided by the law of the State of Texas to seek possession of the premises if Lessor determines possession is essential and necessary to proceed with the construction of the new City Health facility to be built by Lessor on the premises described in Exhibit A. 8. During such time as Lessee is in possession of the premises described in Exhibit A. Lessee shall pay all utilities of whatsoever kind or nature incurred by Lessee and further covenants not to suffer, permit or allow any utility bill or other bill or charge to become an encumbrance or lien upon the land described in Exhibit A. 9. It is understood and agreed that the Lessor will insure its own interest in the premises as it may see fit, but is under no duty to do so as regards the Lessee, and Lessor shall be under no duty to replace or restore any improvements (for the benefit of the Lessee) which are destroyed or damaged from whatever cause. 10. The premises herein leased are leased to Lessee to be used as the location of an automobile agency and dealership and for no other purpose without the written consent of the Lessor. 11. This lease is performable and shall be performed in the City of Lubbock, Lubbock County, Texas, and shall be governed by the laws of the State of Texas. 12. In the event that the premises which are the subject of this agreement are made unusable, for Lessee's purposes as a result of fire, earthquake, tornado, flood or other natural disaster then in such event this agreement shall be considered terminated as of the date of such damage to the premises and of no further force or effect between the parties. 13. Lessee agrees to indemnify, defend, and forever save the Lessor, its agents, officers and employees harmless from and against any and all penalties, liability, annoyance, or loss resulting from claims or court action of any nature arising -3- directly or indirectly out of any acts or omissions of Lessee, his agents, representatives, servants, employees or business visitors during such time as Lessee is in possession of the premises described in Exhibit A. 14. Executed in duplicate originals by the undersigned Lessor and Lessee as of the date first above-written in the City of Lubbock, Lubbock County, Texas. LESSOR: LESSEE: CITY OF LU GENE MESSER FORD, INC. BY :Z. BY: I CALISTER,MAYOR' -GENE MESSER91PRESIDENT ATTEST: Evelyn a ga, C i t y 56kre ary APPROVED AS TO CONTENT: o ert Massenga e, Assistant City Manager APPROVED AS TO FORM: Oar n C. Ross, Jr., City Attorney -4- THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared BILL McALISTER, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of the City of Lubbock. GIVEN UNDER MY HAND AND SEAL OF OFFICE this %`t — day of r + , 1983. M\ No ary Public in and for Lubbock County, Texas Commission Expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared GENE MESSER, President of Gene Messer Ford, Inc., a Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of '7%P tk/ , 1983. -5- Notary Pu is in and toF- Lubbock County, Texas Commission Expires: