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HomeMy WebLinkAboutResolution - 961 - Lease Agreement - LCAD - Office & Storage Space, 1001 Texas Ave - 11/12/1981DVG:mck RESOLUTION RESOLUTION 961 - 11/12/81 WHEREAS, the Lubbock County Appraisal District is required by the Property Tax Code, V.A.C.S., to establish an appraisal office; and WHEREAS, the City of Lubbock is a taxing unit located within the District and currently operates a tax appraisal and collection office; and WHEREAS, the District is desirous of contracting with the City for the lease of building space to be used to house the staff and operations of the District; NOW THEREFORE: 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 a LEASE AGREEMENT between the District 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 i2rh da of Novembpr , 1981. BILL MCALISTER, MAYOR -ATTEST: Evelyn Gaf ga, City Sedrreta'elTreasurer APPROVED AS TO CONTENT: Larry J UCWningham, CW Manager APPROVED AS TO FORM: Donald G. Vandiver, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § i RESOLUTION 961 - 11/12/81 CITY SECRETARY -TREASURER LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Agreement entered into this 12th day of November , 1981, by and between the City of Lubbock, Texas, as Lessor and the Lubbock County Appraisal District, as Lessee, WITNESSETH: WHEREAS, the Lubbock County Appraisal District is required by the Property Tax Code, V.A.T.C., to establish an appraisal office; and WHEREAS, the City of Lubbock is a taxing unit located within the District and currently operates the largest property tax appraisal and collection office therein; and WHEREAS, the Lubbock County Appraisal District is desirous of contracting with the City for the lease of building space to be used to house the staff and operations of the District: NOW THEREFORE, the parties hereto agree as follows: I. The Lessor, acting by and through its duly authorized officers, does hereby lease unto the Lessee, a portion of the premises situated at 1001 Texas Avenue, Lubbock, Lubbock County, 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 one year, beginning on the 1st day of January, 1982. 2. This lease shall be extended beyond the primary term from year to year unless the parties elect to terminate the agreement according to its terms. 3. For purposes of this lease, that portion of the.premises situated in 1001 Texas Avenue, Lubbock, Lubbock County, Texas, which Lessee is entitled to utilize under the terms of this Agreement shall be deemed to consist of 7190 square feet of office space and 4003 square feet of storage and common space, and is more particularly described on Diagram. A, attached hereto and incor- porated herein for all purposes. 4. In consideration of the execution of this lease, the Lessee agrees to pay to Lessor the sum of $4.00 per square foot .per year.for office space and.$.1.50 per square foot .per year for storage and common space for the term of this Agreement together with other valuable consideration, to -wit: a. Lessee shall pay a pro rata share of all utility expenses, including expenses of electricity, water, gas and other utility services. Lessee shall pay the same proportion of each utility expense as the total number of square feet utilized by Lessee under the terms of this lease bears to the total number of square feet in the building located on the premises at 1001 Texas Avenue, Lubbock, Lubbock County Texas. b. Lessee shall pay a pro rata share of all expenses incurred in the acquisition of new equipment or new systems designed to provide heating and air conditioning for the building on the premises that is the subject of this lease. Lessee shall pay the same proportion of expenses in the acquisition of new equipment or new systems as the total number of square feet utilized by Lessee under the terms of this lease bears to the total number of square feet in the build- ing located on the premises at 1001 Texas Avenue, Lubbock, Lubbock County, Texas. This provision shall not apply to any heating or air conditioning unit that is designed to service the data processing equipment located in the building located on said premises. All expenses related to any such unit shall be the responsibility of Lessee. C. All expenses relating to janitorial and routine maintenance services shall be borne by Lessor as partial consideration for the rental payment. d. Lessee shall provide adequate insurance and shall pay the premiums On policies of insurance against loss or damage to all personal property and equipment which is owned, leased, rented, or used by the Lessee on the premises. Lessee shall provide adequate general liability insurance covering the demised premises, and shall pay the premiums on such policies of insurance. Lessor agrees to provide adequate general liability insurance cover- age on the building located on the premises at 1001 Texas Avenue, Lubbock, Lubbock County, Texas. e. Lessee shall pay a share of all improvements and renovations per- formed by Lessor on the premises which are the subject of this lease. The value of each improvement or renovation shall be com- puted, amortized over a five year period, and Lessee's pro rata share added to lease payments over that period. Lessee shall pay the same proportion of expenses of improvements and renovations as the total number of square feet utilized by Lessee under the terms of this lease bears to the total number of square feet in the building located on the premises at 1001 Texas Avenue, Lubbock, Lubbock County, Texas Lessee shall have the right to redecorate the interior of the pre- mises which are the subject of this lease subject to prior approval of such redecoration by the City Manager, but in no event shall such redecoration include permanent or structural changes to the premises. Lessee shall bear all costs of .such redecoration. f. The above-mentioned rental payment will be adjusted upward or down- ward for each ensuing year beginning January 1, 1983,in direct pro- portion to the fluctuation in the U. S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of com- puting all adjustments, the Bureau of Labor Statistics Cost of Living Index as of January 1, 1981, shall be construed as the base period. 5. Lessee agrees to pay to Lessor the total sum of $34,765, payable in 12 equal monthly installments, payable in advance on or before the first day of each month during the term hereof. 6. Lessor agrees to make available to Lessee a total of .25 off-street parking spaces, during the term of this lease. Such parking spaces shall be convenient to the location of the demised premises. In consideration for such availability of parking spaces, Lessee agrees to pay to Lessor $75 per month, payable in advance on or before the first day of each month during the term hereof. 7. Thisleaseis granted for the .purpose of facilitating the operations of the Lubbock County Appraisal District in the appraisal and collection of taxes for the various taxing units located within the District. This lease shall terminate upon the property being used for other purposes. 8. The Lessee at its own cost and expense agrees to take good care of the property and fixtures, keeping and maintaining it in good repair during the term of this lease, and shall suffer no waste and make no improvements in and to the demised premises without the consent of the Lessor in writing. Such improvements shall become the property of the Lessor. 9. 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. 10. Lessee shall not assign or sublet the leased premises or any part thereof without the consent of the Lessor in writing, or permit any person or organization other than Lessee to occupy the premises. 11. In the event the leased premises shall be destroyed by fire, wind- storm, or the act of God or a public enemy or'shall be so damaged by any of such causes as to be unfit for occupancy, Lessee shall forthwith give notice to Lessor and the rent payable hereunder shall abate for the period of time beginning on the date such premises are unfit for occupancy and ending when said premises have been restored to habitable condition, provided., however, that should only a portion of the premises be rendered unfit for occupancy, the abatement of rent shall be proportionate on the basis of the proportion of square feet rendered unfit for use to the total number of square feet in the premises above described; provided further that the Lessor may, at its election, in the event of substantial damage or destruction, terminate this lease without repairing or replacing the improvements so damaged or destroyed in which event the Lessee shall not be under any liability for the payment of rental for any period of time subsequent to the date upon which such damage or destruction occurred, and the rent shall be prorated for the particular year in which the destruction occurred. 12. Lessor shall not be liable to Lessee or to Lessee's officials agents, employees, patrons, or visitors for any damage or injury, and Lessee agrees to hold Lessor harmless from all claims for damage or injury to any person or property in or upon said premises. 13. In the event Lessor or the Lessee desires to terminate this Agreement at the end of the primary term or any extension thereof, notice shall be given by the terminating party to the non -terminating party at its place of business in writing stating that the lease is to be terminated 120 days from the date of such notice. In the event of such termination, lessee shall within such time remove its property from the leased premises. 14. Whenever notice of any kind is authorized or required to be made by one party or the other under the terms hereof, such notice shall be given by United States registered or certified mail, postage prepaid, return receipt requested, and addressed to the other party as set out below, or to such other address as may hereafter be designated. City: City Manager District: Chief Appraiser P.O. Bax 2000 Lubbock County Appraisal District Lubbock, Texas 79457 1001 Texas Lubbock, Texas 79401 .15. Lessee especially covenants and agrees to pay and discharge all rea- sonable 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 the lease upon breach of conditions contained herein by giving 60 days written notice to Lessee. Lessee may terminate the lease upon breach of conditions herein by giving 60 days written notice to Lessor. Lessor and Lessee both understand and agree that this ,agreement constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instruments signed by both parties. EXECUTED this 12th day of _ CITY 0 0 _s KLE cALI TER; MAYOR AT EST• �. Evelyn Ga fga, City ecre ry APPRO Larry Cun ' am, City ager November ,-1981. APPROVED AS TO FORM: Donald Q. Vandiver, Asst. City Att rney LUBBOCK COUNTY APPRAISAL DISTRICT JOE OWY, CHAIRMAN, BOAW OF DIRECTORS ATTEST: all 1-1 Secretax%, Board o irectors