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HomeMy WebLinkAboutResolution - 3455 - Lease Agreement - Marriot Corporation - Office Space, ETB LIA - 09_27_1990Resolution 04�5 September 27, 1990 Item #23 JES:dw 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 with the Marriot Corporation, for 144 square feet of office space in the Executive Terminal Building at Lubbock International Airport, 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 27th day of September , 1990. . C. McMIKN, MAYOR anotte boys, city Qsecretary APPROVED AS TOO CONTENT: Bern E. Case, Director of Aviation APPROVED AS TO FORM: . Jnotts, Jr., HSS1stan Resolution # 3455 JES:dw THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § SPACE LEASE - TERMINAL BUILDING This Agreement, entered into at Lubbock, Texas, by and between the City of Lubbock hereinafter referred to as "Lessor," and Marriot Corporation hereinafter referred to as "Lessee;" WHEREAS, Lessor owns and operates a public airport designated as Lubbock International Airport herein called "Airport;" and WHEREAS, Lessee desires to obtain office space in the terminal building at the Lubbock International Airport. ARTICLE I. NOW THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration, Lessor authorizes Lessee to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the Lessee approximately 144 square feet as shown in Exhibit "A", attached hereto and made a part of this Lease for all purposes. The term of this Agreement shall be for a period of two (2) years, commencing September 1, 1990. ARTICLE II. In consideration of the rights and privileges herein granted, Lessee shall pay to Lessor a rental of Fifteen Dollars ($15.00) per square foot per year. Lessee shall pay to Lessor the rent as set forth in twelve (12) monthly installments of One Hundred Eighty and N0/100 Dollars ($180.00) payable in advance by the tenth (loth) day of each month. All payments that become due and payable by Lessee shall be made to the City of Lubbock at the office of the Director of Aviation, Lubbock International Airport, Lubbock, Texas. ARTICLE III. This Lease is granted subject to the following conditions: 1. Lessee shall use the leased premises solely for office space. 2. Any property installed or added by Lessee which becomes permanently attached to the premises shall become the property of Lessor upon termination of the Lease Agreement. 3. Lessee will erect no signs and will distribute no advertising matter in the Airport without the prior written consent of the Director of Aviation. Prior written consent shall not be required for advertising placed by Lessee with Ackerly Airport Advertising, Inc. or any other party having the right to sell, rent or offer airport terminal advertising space. 4. All of Lessee's business operations and solicitations at the Airport will be confined to the leased premises. 5. Lessee shall not bind or attempt to bind Lessor for payment of any money in connection with alterations, additions or repairs on the leased premises or any of Lessee's equipment or facilities located on the leased premises and shall not permit any mechanic's, materialmen's, or contractor's liens to arise against the premises or any improvements, equipment, machinery or fixtures thereon belonging to Lessor, and Lessee expressly agrees that it will keep and save the premises and Lessor harmless from all costs and damages resulting from any lien or liens of any character created or that may be asserted through any act or thing done by Lessee. 6. Failure of Lessee to comply with any requirement of paragraph 5 shall be cause for immediate termination of this Lease Agreement by Lessor. 7. Lessor shall assume no responsibility as to the condition of the leased premises and shall not assume responsibility for maintenance, upkeep, or repair necessary to keep the premises in a safe and serviceable condition. s. Lessor shall have the right to approve any construction or remodeling by Lessee on the leased premises. - 2 - ARTICLE IV. This Lease is granted subject to the following additional provisions and conditions: 1. The Lease herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Lubbock International Airport. 2. Lessor, acting by and through the Director of Aviation, or other designated representative shall have the right to inspect the property at all reasonable times during the term of this Lease. 3. Any property of the Lessor or any property for which Lessor may be responsible, which is damaged or destroyed as a result of the exercise of the privileges herein granted or as a result of acts or omissions of employees or agents of Lessee, shall be properly repaired or replaced by Lessee to the satisfaction of Lessor, or in lieu of such repair or replacement, Lessee shall, if required by Lessor, pay to Lessor money in an amount deemed sufficient by Lessor to compensate for the damage sustained by Lessor by reason of the loss, or destruction of such property. 4. Lessee shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts or omissions and Lessor shall in no way be responsible therefor. 5. Lessee agrees to indemnify, defend and forever save and keep Lessor, its authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances or loss resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of Lessee, its agents, servants, employees or business visitors under this Agreement. 6. Lessee shall assume responsibility for the payment of all taxes and assessments, license fees and public utility charges levied on the business conducted on the leased premises or which may become due on the property of Lessee used in connection therewith from the date of execution of this Agreement. - 3 - 7. Lessee acknowledges that it has been informed that Texas Law prohibits contracts between Lessor and its "officers" and "employees", and that the prohibition extends to an officer of City agencies such as City - owned utilities and certain City boards and commissions, and to contracts with any partnership, corporation or other organization in which the officer or employee has an interest. Lessee certifies that neither it nor any person having an interest in this contract is an officer or employee of the City of Lubbock or any of its agencies. 8. This Lease may not be assigned without the written consent of Lessor, but such consent shall not be unreasonably withheld. No such assignment or subletting shall affect Lessee's obligations to make all required rental payments hereunder. 9. The failure of Lessor to insist in any one or more instance upon performance of any of the terms or conditions of this Lease shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions, but Lessee's obligation with respect to such failure of performance shall continue in full force and effect. 10. In the event Lessee remains in possession of the leased premises after the expiration of this Lease Agreement without any written renewal or extension of this Lease, such holding over shall not be deemed as a renewal or extension of this Lease, but shall create only a tenancy from day to day which may be terminated at any time by Lessor. ARTICLE V. This Lease Agreement shall terminate at the end of the full term hereof and Lessee shall have no further right or interest in the premises hereby demised except as provided in Article IV, paragraph 13. This Agreement is subject to termination with or without cause by either party upon thirty (30) days written notice to the non -terminating party. In the event the lease payments have not been received by Lessor on or before the 10th of the month in which the payment is due, Lessor shall have the right to terminate this lease upon ten (10) days notice to Lessee. - 4 - A. Within fifteen (15) days following the date of expiration or termination of this Agreement, Lessee shall, as may be required by Lessor, vacate said premises, remove all property of Lessee and restore the leased premises tows good a condition on such date of expiration or termination as when received, ordinary wear and tear excepted; provided, however, that Lessee's right to remove its property is subject to the condition that Lessee has paid in full all amounts due and owing Lessor under this Lease Agreement. If, after being requested to do so by Lessor, the Lessee shall fail or neglect to remove said property and to restore the leased premises to its original condition within fifteen (15) days of the expiration or termination of this lease, then, at the option of Lessor said property shall either become the property of Lessor without compensation therefor or Lessor may cause the property to be removed and the leased premises to be restored at the expense of Lessee, and no claim for damages against Lessor or its officers, agents or employees shall be created or made on account of such removal and restoration. ARTICLE VI. 1. Notices to the Lessor required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to the Director of Aviation, Lubbock International Airport, Route 3, Box 201, Lubbock, Texas 79401. Notices to the Lessee required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage.prepaid to: Marriot Corporation, Rt. 3, Box 385, Lubbock International Airport, Lubbock, Texas 79401. 2. Should Lessor institute legal action to collect rentals due under this Lease Agreement or damages for breach of any covenant made herein, a reasonable sum shall be added to the amount of recovery for attorney's fees together with all costs of court. - 5 - 3. Both parties hereby agree that this instrument constitutes the final agreement of the parties and that all other previous agreements, leases and contracts between the parties which pertain to the property described herein are hereby declared null and void. EXECUTED this the 27th day of September , 1990. LESSOR: CITY OF LUBBOCK BY: r . C. MCMINN,MAYOR -ATTEST: Ranette Boy , City Sec try APPROVED AS TO CONTENT: Bern Case, Director of Aviation APPROVED AS TO FORM: D � J a E. Shot s, Jr: Assistant T ' 1 Attorney LESSEE: MARRIOT CORPORATION ATTEST: Secretary