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HomeMy WebLinkAboutResolution - 1170 - Assignment Of Sublease Agreement- URA To LCOC- Portion Of Block 87 Original Town - 08/12/1982DGV:da 'PWQnT TTTTn'KT RESOLUTION 1170 - 8/12/82 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 Assignment of Sub -Lease Agreement between Urban Renewal Agency of the City of Lubbock and the City of Lubbock, 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 12th day of August ,1982. BIEL MaLISTER, MAYOR ATTEST. Evelyn"Ga ga, tity Se& Treasurer APPROVED AS TO CONTENT: Jim4lMagg, Assistan C Manager_ APPROVED AS TO FORM: G. Vandiver, Fir`s f'Asst. City Attorney 1� � F A, 2 . % THE STATE OF TEXAS § COUNTY OF LUBBOCK § RESOLUTION 1170 - 8/12/82 CITY SECRETARY•TREASURER ASSIGNMENT OF SUB -LEASE AGREEMENT This Agreement made and entered into by and between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, hereinafter called "Urban Renewal" and the CITY OF LUBBOCK, TEXAS, hereinafter called "City"; WIITNE S SETH: For value received, Urban Renewal hereby assigns to City all of its rights, title and interest in and to a Sub -Lease Agreement of February 1, 1978, and an Addendum thereto, by and between Urban Renewal and the Lubbock Chamber of Commerce, Inc., for the sub -lease of the North 65 feet of the east half of Blk. 87, Original Town of Lubbock, Lubbock County, Texas. Said assignment shall be effective on the date of execution of this agreement and shall be.effective for the remaining term of said Sub -Lease Agreement and Addendum. The City hereby agrees to furnish Urban Renewal with other suitable quarters for its operations and to meet all of Urban Renewal's obligations under said Sub -Lease Agreement and Addendum. Executed this 11th day of august 1982. URBAN RENEWAL AGENCY: ATTEST: SECRETARY' CITY 0i 'i A Pr ;;�O. v THE STATE OF TEXAS X X COUNTY OF LUBBOCK X SUB -LEASE AGREEMENT Made this lst day of February, 1978, by and between LUBBOCK CHAMBER OF COMMERCE, INC., known herein as Sub -Lessor, and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, herein known as Sub -Lessee; W I T N E S S E T 11 : That heretofore under date of the 3rd day of August, 1948, Sub -Lessor, LUBBOCK CHAMBER OF COMMERCE, INC., entered into a Lease Contract, as Lessee, for the North 65 feet of the east half of Blk. 87, Original Town of Lubbock, Lubbock County, Texas, with the City of Lubbock, Texas, as Lessor, for a period of thirty-two (32) years. The parties entered into an Amendment- to Lease Contract under date of October 23, 1975. A copy of the Lease Contract and the Amendment to Lease Contract is attached hereto. That the said Sub -Lessor does by these presents sub -lease and rent to Sub -Lessee the above desc;:Ibed property for a term of five (5) years. The said term shall begin on the date that Sub -Lessee is no longer obligated under previous lease for premises currently occupied by Sub -Lessee within the'City of Lubbock, it being contem- plated that this lease shall begin at some time during the month of December, 1977, or January, 1978, and written notice of commence- ment of this lease shall be given to Sub -Lessor. The termination date of this Lease shall be five -(5) years from and after the date. as set fortis herein after the same has been determined, at which time Sub -Lessee agrees to deliver to Sub -Lessor possession of the above described premises in as good condition as of the time of this Sub -Lease Agreement, reasonable wear and tear excepted. Sub -`-Lessor shall, in addition to the described premises herein, provide parking spaces for fifteen (15) automobiles, and, if at any time during the term of this lease Sub -Lessor is unable to so pro- vide such parking spaces, the rent to be paid hereunder shall abate at the rate of Twelve and 50/100 Dollars ($12.50) per month per parking space, or at the rate at which the Sub -Lessor may be paying , for such parking space at such time. Sub -Lessee shall pay rentals to Sub -Lessor for the premises sub -leased hereby in the sum of One Thousand Three Hundred Thirty - Seven and 50/100 Dollars. ($1,337.50) per month, without demand, the first payment to be due and payable as of the date of commencement of this lease as set forth above, and like payments to be due and payable on or before the first day of each month during the contin- ued term of the lease. If the date of commencement of this lease falls on any day after the first day of the month in which the commencement hereof begins, the rent shall be abated.for such month in proportion to the number of days having expired from the first day of the month to the date of commencement hereof. All payments are to be made at Lubbock, Lubbock County, Texas. Sub -Lessee agrees hereby to be bound by all the terms and conditions of said Lease Contract dated August 3, 1948, and any Amendments thereto, and to perform all the terms and conditions imposed �n Sub -Lessor by the said Lease Contract so far as such terms and conditions are not altered by this Sub -Lease Agreement. Sub -Lessee shall at its own expense, keep and maintain the premises in as good a state of repair as received and to return said property at the expiration of this Sub -Lease Agreement, to Sub -Lessor in such condition, usual wear, tear, and accidental fire not resulting from the negligence of Sub -Lessee, its officers, agents, servants, employees, representatives, licensees, or invitees, excepted and that upon the failure of the Sub -Lessee to keep and perform such obligations of maintenance and repair, Sub -Lessor, after -ten (10) days' written notice to Sub -Lessee, may perform the same for the account and cost of Sub -Lessee. That Sub -Lessee hereby agrees to timely pay and hold Sub - Lessor harmless from all liabilities, damages,- claims, causes of act -..ion, demands, losses or expenses of any kind or character what- soever, arising out of this Sub -Lease Agreement and the use and/or occupancy by Sub -Lessee of the premises described. In addition to its aforementioned indemnity, Sub -Lessee agrees, at its own expense, to carry and maintain in force, with an insurer or insureres licensed to do business in Texas, a policy or policies -2- of insurance naming the Sub -Lessor as insured, providing for fire and extended coverage insurance in an amount not less than 90% of the full replacement cost of the improvements gn the demised premises, and also a policy or policies of insurance naming Sub- Lessee"as the insured and Sub -Lessor as additional insured, pro- viding for public liability and property damage insurance with limits of not less than One Hundred Thousand and No/100 Dollars' ($100,000.00) for each person and Three Hundred Thousand and No/100 Dollars ($300,000.00) for each accident or occurrence and One Hundred Thousand and No/100 Dollars ($100,000.00) for damage to or destruction of the property. Further, Sub -Lessee agrees, at its expense, to keep all employees working on the demised premises fully insured under Workmen's Compensation Insurance. In no event shall this Sub -Lease Agreement be considered to be consummated, as that.term is used in the Amendment to Lease Contract under date of October 23, 19751 by and between the CITY OF LUBBOCK, TEXAS, and the LUBBOCK CHAMBER OF COMMERCE, INC., unless and until the Sub -Lessor herein vacates the above described property. In testimony whereof, the parties to this Agreement have here- unto set their hands in duplicate on the date and year hereabove written. ATTEST: John A. Logan, e9retary ` l ATTEST: 7. . 0. Al erson, cretary -3- LUBBOCK. CLAMBER OF C004ERCE, INC., Sr� Lessor% ! E CITY CK EX •AREm ��:F - -- - «_ THE STATE OF TEXAS § ADDENDUM TO SUB -LEASE AGREEMENT BETWEEN 5 LUBBOCK CHAMBER OF COMMERCE# INC. AND S URBAN RENEWAL AGENCY OF THE CITY OF COUNTY OF LUBBOCK S LUBBOCK, TEXAS This ADDENDUM made the 16th day of December, 1980s to the Sub -Lease Agreement dated the lst day of February, 1978, by and between LUBBOCK CHAMBER OF COMMERCE, INC., Sub -Lessor, and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, Sub -Lessee; W I T N E S S E T H: WHEREAS, a Sub -Lease Agreement was entered into by and between LUBBOCK CHAMBER OF COW-1ERCE, INC., as Sub -Lessor, and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, as Sub -Lessee, said agreement being dated February 1, 1978; and WHEREAS, the said Agreement provided for rentals to be paid by Sub -Lessee to Sub -Lessor in the sum of One Thousand Three Hundred Thirty -Seven and 50/100 Dollars ($1337.50) per month; and WHEREAS, the LUBBOCK CHAMBER OF COI-rdERCE, INC. and URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS are desirous of amending the said Agreement to provide for an increase"in the monthly rental from $1337.50 .per month to $1375.00 per month, with the increase in the monthly rent- als to be effective the lst day -of November, 1980.' NOW, THEREFORE, LUBBOCK CHAMBER OF COMMERCE, INC and URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS mutually agree to amend the above- described Sub -Lease Z%greement, as follows: Sub -Lessor shah , in addition to the described premises herein, provide parking spaces for fifteen (15) automobiles, and, if at any time during the term of this lease Sub -Lessor is unable to so pro- vide such parking spaces, the rent to be paid hereunder shall abate at the rate of Fifteen and No/100 Dollars ($15.00) per month per parking space, or at the rate at which the Sub -Lessor may be paying for such parking space at such time. ' Sub -Lessee shall pay rentals to Sub -Lessor for the premises, in- cluding parking spaces, sub -leased hereby in the sum of One Thousand Three Hundred Seventy -Five and No/100 Dollars ($1,375.00) per month, without demand, the first of such amended payment to be -due and payable on the 1st day of November, 1980 and like payments to be due and payable on or before the first day of each month during the con- tinued term a of �e All payments are to be made at Lubbock, Lubbock County, Texas. All other terms and provisions as contained within the said Sub - Lease Agreement shall remain unchanged and are in all respects con- firmed hereby. EXECUTED this 16th day of December , 1980. ATTEST: n A. Logan, S•c etary ATTEST: H., 0• -Al*derson., Secre wy LUBBOCK CHA14BER OF COMMERCE, INC., Sub -Lessor By: • ,ipresident URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, Sub -Lessee airman CERTIFICATE OF. RECORDING OFFICER The undersigned hereby certifies that: 1. He is the duly qualified and acting Secretary of the Urban Renewal Agency of the City of Lubbock (hereinafter called the Local Public Agency) and the custodian of the records of the Local Public Agency, including the journal of proceedings of the Board of Commissioners of the Urban Renewal Agency of the City of Lubbock (hereinafter called the "Governing Body"), and is duly authorized to execute this certificate. 2. Attached hereto is a true and correct copy of a resolution including the WHEREAS clauses, adopted at a meeting of the Governing Body held on the 17th day of August lg 82 3. Said resolution has been duly recorded in the journal of said meeting and is now in full force and effect. 4. Said meeting was duly convened and held in all respects in accordance with law and the by-laws, due and proper notice of said meeting was given. A legal quorum of members of the Governing Body was present throughout said meet- ing and a legally sufficient number of members of the Governing Body voted in the proper manner for the adoption of said resolution. All:.other requirements and proceedings under, law, said by-laws, or otherwise, incident to the proper adoption of said resolution, including any publications, if required by laws, have been duly fulfilled, carried out, and otherwise observed. 5. The Seal appearing below constitutes the Official Seal of the Local Public Agency and was duly affixed by the undersigned at the time this certifi- cate was signed. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 18th day of August 19 82 , (Seal) ECRETARY OF THE URBAN NEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS