HomeMy WebLinkAboutResolution - 2022-R0310 - Non-aeronautical Lease Agreement with Marco Steel & Aluminum - AirportResolution No. 2022-R0310
Item No. 5.9
July 12, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock 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 Marco Steel & Aluminum Co. for certain real property located at Lubbock
Preston Smith International Airport (LPSIA), and related documents. Said Lease Agreement is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on July 12, 2022
ATTEST:
0 JA�-� 'r
Rebe ca Garza, City Secre
APPROVED AS TO CONTENT:
Kelly Campbell, Executive Director of Aviation
APPROVED AS TO FORM:
Mitch atterwh�,ir City Attorney
ccdocs/RES.LeaseAgrmt- Marco Steel & Aluminum Co
June 27, 2022
Resolution No. 2022-R0310
THE STATE OF TEXAS §
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
LEASE AGREEMENT
This LEASE AGREEMENT, hereinafter referred to as the "Agreement" or "Lease," is
entered into at Lubbock, Texas, by and between the CITY OF LUBBOCK (referred to herein as
Lessor) and MARCO STEEL & ALUMINUM CO. (referred to herein as Lessee).
WITNESSETH:
WHEREAS, Lessor owns, controls, and operates the Lubbock Preston Smith
International Airport (referred to herein as Airport), situated at Lubbock, Lubbock County,
Texas, and has the authority to grant certain rights and privileges with respect thereto, including
those hereinafter set forth: and
WHEREAS, Lessor deems it advantageous to itself and to its operation of the Airport to
lease unto Lessee the premises described herein, together with certain privileges, rights, uses and
interests therein, as hereinafter set forth; and
WHEREAS, Lessee intends to utilize the office space described herein for insurance
business and other approved purposes'; and
WHEREAS, Lessee desires to lease office space at the office complex on the west side
of the Airport from which to conduct its business;
NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms
and conditions, both general and special, as hereinafter set forth, Lessor hereby grants to Lessee
the rights and privileges hereinafter described; Lessee agrees to accept the duties,
responsibilities, and obligations as hereinafter set forth; and the parties hereto, for themselves,
their successors, and assigns, agree as follows:
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ARTICLE ONE
DEMISE OF LEASED PREMISES
1.01 LEASED PREMISES. Lessor does hereby lease unto Lessee the premises described
and being:
Warehouse space and land as shown on Exhibit "A" attached hereto and
incorporated herein by reference, which warehouse space and land are
hereinafter referred to as "leased premises" or "premises."
Building #714, 5612 N. David Avenue: 16,000 square feet
Building #716, 5618 N. David Avenue: 16,000 square feet
Building #718, 5620 N. David Avenue: 16,000 square feet
Adjacent Land East of Building #716: 16,200 square feet
1.02 PURPOSE AND PRIVILEGES. Lessee shall use the leased premises solely for the
purpose of storing and processing steel and steel products.
Nothing in this Agreement shall be construed as granting to Lessee any right to
operate any other business or concession on the Airport premises except as
enumerated herein.
1.03 PUBLIC BENEFIT. If Lessee is authorized by this Lease to conduct business
of any nature on the Airport, Lessee agrees to operate the Leased Premises for the
use and benefit of the public and further agrees:
a. To use reasonable efforts to furnish good, prompt, and efficient services
adequate to meet all the demands for its services at the Airport;
b. To furnish said services on a fair, equal, and not unjustly discriminatory basis
to all users thereof; and
c. If applicable, to charge fair, reasonable, and nondiscriminatory prices for each
unit of sale or service, provided that the Lessee may make reasonable
nondiscriminatory discounts, rebates, or other similar types of price reductions
for volume purchases.
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ARTICLE TWO
TERM
2.01 TERM. The term of this Agreement shall be for a period of five (5) years, commencing
on and ending on
Lessee shall have the option to extend this Agreement for two (2) additional three (3)
year periods. Written notice of Lessee's intent to exercise or not to exercise a renewal
option must be received in the office of the Executive Director of Aviation (referred to
herein as "Director") at least thirty (30) days prior to the expiration date of the original
term or expiration of the first three (3) year option whichever applies.
2.02 HOLDOVER. In the event the Lessee should hold over and remain in possession of the
Leased Premises after the expiration of term of the Agreement, the rents, fees, and other
charges paid during the holding over period shall be equal to a minimum of 150% of the
monthly rents, fees, and other charges that were charged by the City at the time the
Agreement expired. In no case shall a holdover by Lessee be construed to be a renewal or
extension of the Lease.
ARTICLE THREE
RENTALS AND FEES
3.01 RENTAL. In consideration of the rights and privileges herein granted, Lessee shall pay
to the Lessor the following rentals and fees:
A. Building rental of #714: 16,000 square feet @ $1.40 per square foot per year.
The annual rental being TWENTY TWO THOUSAND FOUR HUNDRED
AND NO/100 DOLLARS ($22,400.00), which shall be due and payable, in
twelve (12) equal monthly installments of ONE THOUSAND EIGHT
HUNDRED SIXTY SIX AND 67/100 DOLLARS ($1,866.67) per month.
B. Building rental of #716: 16,000 square feet @ $1.40 per square foot per year.
The annual rental being TWENTY TWO THOUSAND FOUR HUNDRED
AND N0/100 DOLLARS ($22,400.00), which shall be due and payable, in
twelve (12) equal monthly installments of ONE THOUSAND EIGHT
HUNDRED SIXTY SIX AND 67/100 DOLLARS ($1,866.67) per month.
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C. Building rental of #718: 16,000 square feet @ $1.40 per square foot per year.
The annual rental being TWENTY TWO THOUSAND FOUR HUNDRED
AND NO/100 DOLLARS ($22,400.00), which shall be due and payable, in
twelve (12) equal monthly installments of ONE THOUSAND EIGHT
HUNDRED SIXTY SIX AND 67/100 DOLLARS ($1,866.67) per month.
D. Land rental east of #716: 16,200 (180' X 90') square feet @ $0.2490 per square
foot per year. The annual rental being FOUR THOUSAND THIRTY THREE
AND 80/100 DOLLARS ($4,033.80) per year, which shall be due and payable, in
twelve (12) equal monthly installments of THREE HUNDRED THIRTY SIX
AND 15/100 DOLLARS ($336.15) per month.
3.02 ADJUSTMENT OF RENTS. The parties hereto mutually agree that during the term of
this Agreement, all rents shall be adjusted every five years thereafter based on the
findings of a Rent Study. The City shall engage an Appraiser to determine market value.
The Appraiser shall use current appraisal methods that are appropriate for appraising
Airport land and/or improvements. Appraiser shall use an appropriate and justifiable rate
of return for Airport properties. The subject property shall be appraised assuming that
highest and best use is aviation related. Additionally, the appraisal shall meet the
Uniform Standards of Professional Appraisal Practice. The first such Rent Study and rent
adjustment in accordance with this provision shall not occur before in the first five years
following the effective date of this Agreement.
3.03 CONSUMER PRICE INDEX. On an annual basis between each Rent Study, the
parties hereto mutually agree that during the term of this Agreement, except as otherwise
might be set out in this Agreement, the rental rates for the office space and common
space will be adjusted upward or downward for each ensuing calendar year beginning
January 1, 2023, in direct proportion to the fluctuation in the U. S. Department of Labor,
Bureau of Labor Statistics Consumer Price Index (CPI) for All Urban Consumers. Any
adjustment to the rental rates resulting from changes in the CPI shall be determined by
calculating the increase or decrease in the CPI for the preceding twelve (12) months.
3.04 PAYMENTS. All rental payments are due and payable on or before the 15th day of each
month this Agreement is in effect and shall be made at the office of the Director,
Lubbock Preston Smith International Airport, 5401 N. MLK Blvd., Unit 389, Lubbock,
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Texas 79403. Lessee shall pay Lessor a late payment charge of five percent (5%) of the
total amount of rentals payable if payment of such rentals is not made when due.
3.05 DEFAULT FOR FAILURE TO PAY RENTALS OR FEES. If Lessee fails to pay
any rent due and owing to Lessor hereunder within fifteen (15) days of the due date, the
Director shall provide written notice to the Lessee. Thereafter, if the rent remains unpaid
for more than fifteen (15) days after such notice is received, Lessor may exercise its
rights under Article Seven of this Agreement.
ARTICLE FOUR
RIGHTS RESERVED TO CITY
4.01 SAFETY
City reserves the right to take any action it considers necessary to protect the aerial
approaches of the Airport against obstruction, together with the right to prevent Lessee
from constructing or permitting construction of any building or other structure on or off
the Airport which, in the opinion of City, would limit the usefulness of the Airport or
constitute a hazard to aircraft.
4.02 MAINTENANCE OF PUBLIC AREA
City reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair
the landing area of the Airport and all publicly -owned facilities of the Airport. Lessee
will perform no maintenance activities outside the Leased Premises without the consent
of the Director.
4.03 STANDARDS
City reserves the right to establish reasonable standards for the construction and
maintenance of and alterations, repairs, additions, or improvements of Lessee's facilities.
This includes structural design, color, materials used, landscaping, and maintenance of
Lessee's facilities and Leased Premises. Lessee shall comply with applicable statutes,
ordinances, building codes, and rules and regulations of all governmental agencies as
may have jurisdiction at the time. Subject to Lessee's Duty to Repair (5.02), City will
not require Lessee to reconstruct or alter an existing improvement that has been
constructed and maintained in good condition under a prior design standard.
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4.04 TIME OF EMERGENCY
During time of war or national emergency, the City shall have the right to lease the
landing area and any other portion of the Airport to the United States for governmental
use and if any such lease is executed, the provisions of this instrument and any associated
rentals and fees, insofar as they are inconsistent with the provisions of the lease to the
United States, shall be suspended.
4.05 DEVELOPMENT OF AIRPORT
City reserves the right to further develop or improve the Airport. However, the City shall
notify Lessee, in writing, prior to the planned development or improvement affecting
Lessee's Leased Premises.
4.06 SPONSOR'S ASSURANCE SUBORDINATION
This Lease shall be subordinate to the provisions of any existing or future agreement
between the City and the United States concerning the operation or maintenance of the
Airport, the execution of which has been or may be required as a condition precedent to
the expenditure of federal funds for the development of the Airport. Should the effect of
such agreement with the United States be to take any of the property under this Lease or
otherwise diminish the commercial value of this Lease, the City shall not be held liable
therefor. However, if the commercial value is appreciably diminished, City and Lessee
shall engage in good faith negotiations to determine a fair and equitable adjustment to
rentals and fees.
The City covenants and agrees that it will during the term of this Agreement operate and
maintain the Airport as a public facility consistent with and pursuant to the Assurances
given by the City to the United States Government under federal law.
4.07 INSPECTION OF LEASED PREMISES
City reserves the right to conduct inspections of the Leased Premises at reasonable times
to ensure fire, safety, and sanitation regulations and other provisions contained in this
Lease are being adhered to by the Lessee.
4.08 INSPECTION OF BOOKS & RECORDS
The Lessee, following accepted accounting practices and procedures, will maintain true
and accurate books, records and receipts, which will show Fuel flowage. Such books and
records may be inspected at any time by City or its duly authorized representatives at
Lubbock, Texas, upon reasonable notice to Lessee. In the event Lessee requests such
inspection to be performed outside the Lubbock area, such request may be honored at
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City's discretion; however, any and all expenses incurred by so doing shall be reimbursed
by the Lessee. Lessee agrees to furnish facts and figures necessary to determine the
amount to be paid City.
ARTICLE SIX
LESSEE'S RIGHTS, PRIVILEGES, AND OBLIGATIONS
5.01 LESSEE'S RIGHTS
During the term of this Lease, Lessee, and its tenants shall have use of, in common with
others at the Airport, and free of additional charge, all runways, taxiways, public ramps,
and public parking areas available at the Airport, and the right of ingress to and egress
from the above described Premises, which right shall extend to Lessee's Employees,
guests, invitees, tenants, and patrons. Lessee has the right and privilege to control activity
on its Leased Premises subject to applicable federal, state, and local rules and regulations.
If, during the term of this Agreement and Lessee is in Good Standing, the use of the
Airport by Lessee is temporarily suspended, restricted, or interfered with for a period of
thirty (30) consecutive days or more for reasons beyond the practical control of the City,
in such manner so as to substantially affect the use of the Leased Premises or operation of
Aircraft by Lessee or its tenants, all fees during such period shall abate and the term of
the Agreement shall, at the election of Lessee, be extended for an equivalent period of
time.
5.02 LESSEE'S DUTY TO REPAIR
Except as provided herein, any property of City, or for which City may be responsible,
which is damaged or destroyed incident to the exercise of the rights or privileges herein
granted, or which damage or destruction is occasioned by the negligence of Lessee, its
Employees, agents, servants, patrons, or invitees shall be properly repaired or replaced by
Lessee to the reasonable satisfaction of the Director. In lieu of such repair or
replacement, Lessee shall, if so required by the Director, pay City the replacement cost of
such property.
5.03 PARKING
Lessee shall at its sole cost and expense provide adequate and suitable parking areas for
use by its customers, Employees, patrons, guests, and invitees upon its Premises.
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5.04 WAGES
The Parties hereto acknowledge and agree that any Improvements constructed on the
Leased Premises by Lessee shall be considered Public Works for the purposes of
determining applicability of Chapter 2258, Texas Government Code. The Parties further
agree that all wages paid by Lessee in connection with the construction of said
Improvements shall comply with the prevailing wage requirements set forth in state and
federal law including Chapter 2258, Texas Government Code.
5.05 WARRANTY OF NO SOLICITATION
Lessee warrants that it has not employed any person employed by City to solicit or secure
this Agreement upon any agreement for a commission, percentage, brokerage, or
contingent fee.
5.06 LESSEE'S OBLIGATIONS
Lessee shall be responsible for maintaining an on -going business at the Airport and
complying with the PMCDs throughout the term of the Agreement. Additionally, any
modifications to the business or corporate structure of the Lessee shall be communicated
in advance to the Director.
Lessee shall be responsible for the conduct, demeanor, and appearance of Lessee's
representatives, officers, officials, Employees, agents, and volunteers at the Airport and
on the Lease Premises. Lessee shall be responsible for conducting Lessee's authorized
Activities in a manner that does not interfere with or disturb others while also complying
with applicable Legal Requirements.
Lessee shall be responsible for promptly paying when due and owing all:
A. UTILITIES - Lessee shall assume and pay for all costs or charges for metered utility
services provided to Lessee at the Premises during the term of this Agreement.
Lessee shall have the right, with written approval of City, to connect to any storm and
sanitary sewers, and water, and utility outlets, the cost of usage, extension,
installation, and meters, where required, to be paid by the Lessee.
B. TRASH, GARBAGE, REFUSE, ETC. - Lessee shall provide a complete and
proper arrangement for the adequate sanitary handling and disposal, away from the
Airport, of all trash, garbage, and other refuse produced as a result of Lessee's
business operations on the Leased Premises.
C. PAYMENT OF TAXES, FEES, AND ASSESSMENTS - The Lessee agrees to pay
promptly when due all federal, state, and local government taxes, license fees, and
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occupation taxes levied on either the Leased Premises or on the business conducted
on the Leased Premises or on any of Lessee's property used in connection therewith,
except as provided herein.
Taxation may be subject to legal protest in accordance with the provisions of the
taxing authority whose levy is questioned. Any protest shall be at the sole expense of
Lessee. Delinquency in payment of such obligations after any protest has been
settled shall, at the option of the City, be cause for immediate termination of this
Lease.
D. PAYMENT OF EXPENSES - All costs, expenses, and other charges relating to the
Leased Premises, Improvements, and/or Lessee's Activities.
5.07 BASED AIRCRAFT
If Based Aircraft are located on the Leased Premises, the Lessee shall provide an annual
Based Aircraft report to the Director in compliance with the PMCDs.
5.08 AMERICANS WITH DISABILITIES ACT
Lessee shall be solely and fully responsible for complying with the Americans with
Disabilities Act of 1990 as amended from time -to -time, with respect to the Leased
Premises and its Activities at the Airport.
5.09 NON-DISCRIMINATION PRACTICES
Lessee, its agents and Employees will not discriminate against any person or class of
persons by reason of race, creed, color, national origin, age, sex, or disability in providing
any services or in the use of any of its facilities provided for the public. Lessee further
agrees to comply with such enforcement procedures as the United States Government
might demand that the City take in order to comply with the Sponsor's Assurances.
Lessee agrees not to discriminate against any Employee or applicant for employment
because of race, creed, color, national origin, age, sex, or disability.
5.10 SECURITY ACCESS
Lessee agrees to control all access to the Aircraft Operations Area (AOA) through the
Leased Premises and through gates assigned to or controlled by Lessee so as to prevent
unauthorized entry to the airfield by persons, animals, or vehicles. In the event that
unauthorized access to the AOA is gained through the Leased Premises or any area which
Lessee controls or is obligated to control, any fines or penalties assessed by the
Transportation Security Administration (or other authorized Agency) shall be the
responsibility of the Lessee and Lessee hereby agrees to promptly pay all such fines or
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penalties without delay and make any and all requested changes in operations or facilities
necessary to maintain Airport security and prevent reoccurrence of any unauthorized
entry. Lessee shall place appropriate signage on all doors with AOA access to prevent
unauthorized access. Failure to comply with this paragraph shall be cause for immediate
termination of this Agreement by City
ARTICLE SIX
GENERAL CONDITIONS
This Lease is granted subject to the following provisions and conditions. Failure of the
Lessee to comply with any requirement of Article Six shall be cause for immediate termination
of this Agreement by Lessor.
6.01 RULES AND REGULATIONS. City reserves the right to issue through its Director
such reasonable rules, regulations and procedures for activities and operations conducted
on the Airport as deemed necessary to protect and preserve the safety, security, and
welfare of the Airport and all persons, property, and facilities located thereon.
The Lessee's officers, agents, employees, and servants will obey all rules and regulations
which may be promulgated from time to time by the City or its authorized agents at the
Airport, or by other lawful authority, to ensure the safe and orderly conduct of operations
and traffic on the Airport. Lessee shall pay for all licenses, permits, clearances, rights -of -
way and other matters necessary to conduct business. Lessee shall pay all fees, taxes and
charges assessed under State, local or Federal statutes or ordinances insofar as they are
applicable.
6.02 ADDITITIONS, IMPROVEMENTS OR ALTERATIONS. Lessee shall not make,
permit or suffer any additions, improvements or alterations to the leased premises which
constitute any major structural change or changes without first submitting plans and
specifications for such additions, improvements or alterations to the Director and
securing prior written consent from the Director. Any such additions, improvements or
alterations made with the consent of the Director shall be solely at the expense of the
Lessee and, unless such consent provides specifically that title to the additions or
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improvements so made shall vest in the Lessee, title thereto shall at all times remain in
Lessor, and such additions or improvements shall be subject to all terms and conditions
of this Agreement, provided however, that any trade fixtures installed by Lessee may be
removed by Lessee at its expense. The Lessee agrees to hold Lessor harmless from all
Mechanic's and Materialman's Liens arising from any construction, additions,
improvements, repairs or alterations effected by the Lessee. Any property installed or
added by Lessee which becomes permanently attached to the leased premises shall
become the property of Lessor upon termination of this Agreement, provided however,
that any trade fixtures installed by Lessee may be removed by Lessee at its expense.
6.03 ADVERTISING. The Lessee will erect no outdoor advertising or identification signs
and will distribute no advertising on the Airport without the prior written consent of the
Director. Said consent will not be unreasonably withheld. However, such prior written
consent shall not be required for advertising placed by Lessee with any other party having
the right to sell, rent or offer Airport terminal advertising space.
6.04 LIENS PROHIBITED. The Lessee shall not bind or attempt to bind the Lessor for
payment of any money in connection with the construction, installations, alterations,
additions or repairs on the leased premises or any Lessee's equipment or facilities located
on the leased premises, and Lessee shall not permit any mechanic's, materialsman's or
contractor's liens to arise against the leased premises or any improvements thereon, or
any equipment, machinery or fixtures thereon belonging to the Lessor, and Lessee
expressly agrees that it will keep and save the premises and the Lessor harmless from all
costs and damages resulting from any liens of any character created or that may be
asserted through any act or thing done by Lessee.
In the event that, as a result of Lessee's actions, any mechanic's lien or other lien or order
for payment shall be filed against the leased premises or improvements thereon, or
against Lessor -owned property located thereon during the initial term hereof, or during
any subsequent extension, Lessee shall defend on behalf of the Lessor, at Lessee's sole
cost and expense, any action, suite or proceeding which may be brought thereon or for
the enforcement of such lien or order. Failure of the Lessee to comply with any
requirement of this section after having received fifteen days written notice thereof shall
be cause for termination of this Agreement by the Lessor.
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6.05 INSPECTION OF LEASED PREMISES. Lessee agrees that the leased premises will
be kept reasonably clean and free of all debris and other waste matter. Lessor, acting by
and through the Director or other designated representative, shall have the right to
conduct inspections of the leased premises at all reasonable times to ensure that fire,
safety and sanitation regulations and other provisions contained in this Lease are being
adhered to by the Lessee.
6.06 CUSTODIAL AND MAINTENANCE SERVICES. The Lessee shall, at its own cost
and expense, maintain the leased premises, in a safe, clean, and presentable condition
reasonably free of trash, debris and weeds and consistent with good business practices.
Lessee shall repair all damages to said leased premises caused by its employees, patrons
or business operations thereon; shall perform all maintenance and repair to the interior,
including all HVAC and venting systems; and shall repaint the building as necessary to
maintain a clean and attractive appearance. Lessee shall also maintain any drainage
structures or other improvements installed for the benefit of Lessee, septic systems,
ceilings, floor coverings, locks, doors, overhead doors, specialized ramp doors, window
glass, parking lots, and/or surfaces used for employee and/or customer parking.
Lessor shall assume no responsibility for the condition of the leased premises and shall
not assume any responsibility for maintenance, upkeep or repair necessary to keep the
premises in a safe and serviceable condition.
The Lessor shall, at its own cost and expense, maintain the roof, foundation and structural
floors and slabs, and load bearing walls, and utility connections to the point of
disconnect. Lessor shall not, however, be responsible for repair to the extent that
insurance coverage will provide payment.
Upon written notice by Lessor to Lessee, Lessee shall be required to perform whatever
reasonable maintenance Lessor deems necessary. If said maintenance is not undertaken
by Lessee within twenty (20) days after receipt of written notice, Lessor shall have the
right to enter upon the leased premises and perform the necessary maintenance, the cost
of which shall be borne by Lessee. Lessee shall not, in any case, be required to pay for
cost of mitigation, abatement or removal of asbestos not installed by Lessee.
6.07 UTILITIES. Lessee herein agrees to assume responsibility for the payment of all public
utility charges connected with Lessee's use of the warehouse space including, but not
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limited to water, gas, electricity, telephone and sewer service. Lessee shall have the
right, with written approval of Lessor, to connect to any storm and sanitary sewers and
water and utility outlets, the cost of usage, extension, installation and meters, where
required, to be borne by the Lessee.
6.08 TRASH, GARBAGE, REFUSE, ETC. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal, away from the Airport, of
all trash, garbage and other refuse produced as a result of Lessee's business operations on
the leased premises.
6.09 TAXES, FEES, ASSESSMENTS AND LICENSE. The Lessee agrees to pay promptly
when due all federal, state and local government taxes, license fees and occupation taxes
levied on either the leased premises or on the business conducted on the leased premises
or on any of Lessee's property used in connection therewith, except as provided herein.
Taxation may be subject to legal protest in accordance with the provisions of the taxing
authority whose levy is questioned. Any protest is at the sole expense of Lessee.
Delinquency in payment of such obligations after any protest has been settled shall, at the
option of the Lessor, be cause for immediate termination of this Lease.
6.10 INSURANCE. Lessee shall carry and maintain insurance at all times that this Lease is in
effect, at Lessee's sole expense with an insurance underwriter authorized to do business
in the State of Texas and acceptable to the Lessor, against claims of general liability and
workers' compensation resulting from Lessee's business activities at the Airport.
General Liability Insurance — The amount of insurance coverage shall not be less than
FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) for
Combined Single Limit General Liability Insurance.
Workers' Compensation — The Lessee shall elect to obtain worker's
compensation coverage pursuant to Section 406.002 of the Texas Labor Code, as
same may be amended. Further, Lessee shall maintain said coverage throughout
the term of this Lease and shall comply with all provisions of Title 5 of the Texas
Labor Code to ensure that the Lessee maintains said coverage. Any termination
of worker's compensation insurance coverage by Lessee or any cancellation or
nonrenewal of worker's compensation insurance coverage for the Lessee shall be
a material breach of this Lease.
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Employer Liability — Lessee shall carry and maintain Employer Liability
coverage for the protection of Lessor, naming Lessor as an additional insured, in
an amount no less than FIVE HUNDRED THOUSAND AND N0/100
DOLLARS ($500,000.00).
Hazard and Extended Coverage — Lessee shall procure from a company
authorized to do business in the State of Texas and keep in force Hazard and
Extended coverage insurance upon the Leased Premises to 80% of the full
insurable value and shall furnish Lessor with evidence that such coverage has
been procured and is being maintained. Lessor shall be named as additional
insured on the policy.
To the extent permitted by law, the above -mentioned policies shall all include a
waiver of subrogation. Certificates of insurance or other satisfactory evidence of
insurance shall be fled with the Director prior to entry upon the Leased Premises
by the Lessee. The General Liability policies shall name the Lessor as an
additional insured, require the insurer to notify the Director of any alteration,
renewal or cancellation, and remain in full force and effect until at least ten (10)
days after such notice of alteration, renewal or cancellation is received by the
Director.
6.11 INDEMNIFICATION. The Lessee shall be deemed to be an independent contractor
and operator responsible to all parties for its respective acts and omissions, and the
Lessor shall in no way be responsible therefor. Lessee shall indemnify and hold
harmless, to the fullest extent permitted by law, Lessor, and Lessor's respected officers,
employees, elected officials and agents, from and against any and all losses, damages,
claims or liabilities, of any kind or nature, which arise directly or indirectly, or are related
to, in any way, manner or form, the activities of Lessee contemplated hereunder, or the
omission of the Lessee's activities contemplated hereunder, including, but not limited to,
losses, damages, claims or liabilities arising from or related to, in any way, manner or
form, the act or omission of third parties on the premises herein leased. Lessee further
covenants and agrees to defend any suits or administrative proceedings brought against
Lessor and/or Lessor's respective officers, employees, elected officials and/or agents on
account of any claim for which it is obligated to indemnify Lessor, and to pay or
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discharge the full amount or obligation of any such claim incurred by, accruing to, or
imposed on Lessor, or Lessor's respective officers, employees, elected officials and/or
agents, as applicable, resulting from any such suits, claims, and/or administrative
proceedings or any matters resulting from the settlement or resolution of said suits,
claims, and or administrative proceedings. In addition, Lessee shall pay to Lessor,
Lessor's respective officers, employees, elected officials and/or agents, as applicable, all
attorneys' fees incurred by such parties in enforcing Lessee's indemnity in this section.
Both parties hereby agree to mutually release each other and their respective officers,
employees, elected officials and agents, shall not be liable, and both parties hereby
release each other, and their respective officers, employees, elected officials and agents,
for, from and/or against any losses, damages, claims or liabilities to Lessee, on any theory
of legal liability, including, but not limited to the negligence, of any type of degree, or
fault, of either party, arising from or related to, in any way, manner or form, the
unenforceability or voidance, for any reason, of all or any part of this Agreement. The
indemnity and release provided herein shall survive the termination or voidance of this
Agreement.
Indemnification — Environmental Harm. Without limiting any provisions of this
Agreement, Lessee shall also defend, indemnify and hold Lessor and its respective
officers, employees, elected officials and agents harmless from and against all suits,
actions, claims, demands penalties, fines liabilities, settlements, damages, costs and
expenses (including but not limited to reasonable attorney's and consultant's fees, court
costs and litigation expenses) of whatever kind or nature, known or unknown, contingent
or otherwise, brought against Lessor arising out of or in any way related to:
1. Any actual, threatened or alleged contamination by hazardous substances of the
premises or contamination by hazardous substances of the Airport by Lessee or its
agents;
2. The presence, disposal, release or threatened release of hazardous substances by
Lessee or its agents at the Airport that is on, from or affects the soil, air, water,
vegetation, buildings, personal property, persons, animals or otherwise;
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3. Any personal injury (including wrongful death) or property damage (real or
personal) arising out of or related to hazardous substances by Lessee at the
Airport; or
4. Any violation by Lessee of any Environmental Laws that affects the Airport.
6.12 NON-DISCRIMINATION PRACTICES. Lessee, its agents and employees will not
discriminate against any person or class of persons by reason of age, sex, race, color,
handicap, religion or national origin in providing any services or in the use of any of its
facilities provided for the public, in any manner prohibited by Federal Aviation
Administration Regulations. Lessee further agrees to comply with such enforcement
procedures as the United States Government might demand that the Lessor take in order
to comply with the Sponsor's Assurances.
Lessee agrees not to illegally discriminate against any employee or applicant for
employment because of age, sex, race, color, handicap, religion or national origin.
6.12 BUSINESS SOLICITATIONS. All of Lessee's business operations and solicitations
will be confined to the leased premises or such other premises at the Airport that have
been leased to Lessee.
6.13 NO ASSIGNMENT OR SUBLETTING. Lessee will not directly or indirectly assign,
sublet, sell, hypothecate or otherwise transfer this Lease or any portion of the leased
premises without the prior written consent of the Director. No such assignment or
subletting shall affect Lessee's obligations to make all required rental payments
hereunder.
6.14 EXCLUSIVITY. Lessee's right to conduct business at the Airport shall be
nonexclusive.
6.15 WAIVER. The failure of Lessor to insist in any one or more instance upon performance
of any of the terms, covenants or conditions of this Lease shall not be construed as a
waiver or relinquishment of the future performance of any such terms, covenants or
conditions, and Lessee's obligation with respect to such future performance shall
continue to be in full force and effect. Furthermore, the acceptance of rentals or fees by
Lessor after Lessee's failure to perform, keep or observe any of the terms, covenants or
conditions of the Lease shall not be deemed a waiver by Lessor to cancel this Agreement
for such failure.
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6.16 TITLE TO LEASED PREMISES. Lessee agrees that it does not acquire any equity or
title to the leased premises as a result of this Agreement and that the property herein
leased shall remain the sole property of Lessor. Lessor grants Lessee a leasehold interest
by and through this Agreement.
6.17 STORED CONTENTS. Lessee agrees to limit the outside storage of any and all
materials, components, assemblies and repaired and manufactured products to the leased
premises and to control the growth of vegetation and weeds on the leased premises
extending outward a distance of ten (10) feet.
ARTICLE SEVEN
TERMINATION
7.01 TERMINATION
The Agreement shall terminate at the end of the term. Lessee shall have no further right
or interest in any of the Premises or improvements hereby demised, except as provided
herein.
7.02 TERMINATION BY LESSEE
The Lessee may, at the Lessee's option and provided the Lessee is Current and in Good
Standing, terminate the Agreement on the occurrence of any one or more of the following
events:
1. The permanent abandonment or closure of the Airport by the City as a
commercial service airport.
2. The lawful assumption by the United States Government, or any authorized
Agency thereof, of the operation, control or use of the Airport, or any substantial
part or parts thereof, in such a manner that substantially restricts Lessee for a
period of at least ninety (90) days from operating thereon.
3. In the event of acquisition by Condemnation or the exercise of the power of
eminent domain (by any Agency permitted to take property for public use) of any
land or improvements associated with Lessee's Leased Premises, Lessee shall not
institute any action or proceeding or assert any claim against the City for
Compensation or consideration of any nature. All Compensation or
consideration awarded or paid to Lessee upon a total or partial acquisition of the
Leased Premises to the extent not related to Lessee's improvements (which for
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these purposes shall not include any Compensation or consideration from City)
shall belong to the City without any participation of Lessee.
4. The issuance by any court of competent jurisdiction of an injunction in any way
preventing or restraining the use and operation of the Airport for a period of at
least ninety (90) days.
5. The default of the Lessor in the performance of any covenant or agreement
herein required to be performed by the Lessor and the failure of the Lessor
to remedy such default for a period of sixty (60) days after receipt from
Lessee of written notice to remedy the same.
6. Failure of Lessor to maintain the landing area of the Airport for a period
of at least sixty (60) days, which results in Lessee's inability to conduct
business operations.
Lessee may recover directly from the condemning Agency the value of any claim relating
to a taking of Lessee's improvements, provided that no such claim shall diminish or
otherwise adversely affect the City's award.
In the event of an acquisition by Condemnation or eminent domain of all interest in the
Leased Premises, Lessee's obligation to pay rent shall cease and all leasehold interest
created shall cease.
In the event of an acquisition by Condemnation or eminent domain of a portion of
interest in the Leased Premises, Lessee's obligation to pay rent shall cease as it pertains
to the specific portion of the Leased Premises acquired.
If the Condemnation or eminent domain substantially impairs the conduct of the Lessee's
Activities and equates to more than 50% of the total Leased Premises, Lessee may
terminate the Agreement by notifying the City. If the Agreement is not terminated by the
Lessee, the rent shall be adjusted accordingly.
Lessee may exercise such right of termination by giving sixty (60) days advance written
notice to the City at any time after the lapse of the applicable periods of time and this
Lease shall terminate as of the sixty first (61') day after such notice is given. Rental due
hereunder shall be payable only to the effective date of said termination.
7.03 TERMINATION BY CITY
Any default or breach of this Agreement by Lessee shall constitute a default or breach of
all agreements between the City and Lessee. The City shall consider any of the following
a default or breach under the Agreement:
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1. Failure to comply with Legal Requirements, Assurances, PMCDs, Airport's
policies, standards, rules, regulations, and directives.
2. Failure to perform any condition, obligation, or privilege contained in this
Agreement.
3. Failure of a Lessee to obtain prior written consent from the Director before
conducting additional Activities.
4. Failure to obtain prior written consent from the Director before making any
improvements to the Leased Premises and/or at the Airport.
5. Failure to obtain prior written consent of the Director to sublease ( or attempt to
sublease) any portion of the Leased Premises.
6. Any sale or assignment of the Leased Premises or Agreement made ( or
attempted to be made) without the prior written consent of the Director
7. Any change in controlling ownership of Lessee made (or attempted to be made)
without the prior written consent of the Director.
8. Any encumbrance of the Leased Premises or Improvements on the Leased
Premises made (or attempted to be made) without the prior written consent of the
Director.
9. Failure to properly maintain the Leased Premises or promptly pay all utilities,
insurance, and taxes when due and owing.
10. The filing of bankruptcy and/or assignment of substantially all Lessee's assets for
the benefit of Lessee's creditors.
11. The filing of a lien against the leased Premises.
12. The voluntary abandonment of the Leased Premises.
13. Falsification of any record so as to deprive the City of any rights, privileges,
rents, fees, or other charges under the Agreement.
14. Failure to remain Current or in Good Standing.
The failure of Lessee to observe or perform any of the terms and conditions of the
Agreement, or the failure of Lessee to perform any of the terms and conditions of any
other agreement with the City in any material respect such failure which shall have
continued for thirty (30) days after written notice from the Director, and without
meaningful steps having been taken by Lessee to cure such default.
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Once the Agreement is terminated, City's agents may enter upon the Leased Premises and
take immediate possession of the same and remove Lessee's effects. Any rental due
hereunder shall be payable to said date of termination.
It is agreed failure to declare this Lease terminated upon the default of Lessee for any of
the reasons set forth above shall not be construed as a waiver of any of the City's rights
hereunder or otherwise bar or preclude City from declaring this Agreement terminated as
a result of any subsequent event of default under this Agreement.
The acceptance of rentals or fees by City for any period or periods after a default of any
of the terms, covenants, or conditions herein contained shall not be construed to be or act
as a waiver by City of any subsequent default by the Lessee.
7.04 REPLACEMENT AFTER DAMAGE
It is agreed between the parties hereto that in the event the Leased Premises are damaged
by fire or other accidental cause during the initial term of this Lease so as to become
totally or partially untenantable, the City shall have the option to restore the Premises to
their former condition. If the City elects to exercise the option, the City shall give Lessee
notice in writing of its election within thirty (30) days of the occurrence of such damage.
If the City elects to restore the Premises, the City shall proceed with due diligence and
there shall be an abatement of the rent until repairs have been made for the time and to
the extent for which the Premises, or part thereof, have been untenantable. Should the
City not exercise the option to restore the Premises, the lease of such untenantable
portion of the Premises shall cease and terminate effective on the date of damage by fire
or other accidental cause.
7.05 OWNERSHIP
Within ninety (90) days after expiration of this Agreement as herein provided, the Lessee
shall have the option to remove all improvements, constructed or placed thereon, except
for any pavement area constructed by Lessee and return land to a clean and level
condition. Lessee shall give City thirty (30) days written notice prior to expiration of the
Agreement of Lessee's intent to exercise such option. In the event Lessee chooses not to
exercise its option to remove from the Premises such improvements, Lessee may choose
to surrender title to such improvements to City, subject to the approval of City. Lessee
covenants and agrees to pay all reasonable costs, attorney's fees and expenses that shall
be incurred by the City in enforcing the covenants and conditions of this Agreement, in
the event the Lessee fails to pay expenses within thirty (30) days such property will be
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deemed abandoned and title will revert to the City; however, this in no way relieves the
Lessee of the debt incurred.
7.06 REMOVAL OF LESSEE'S PROPERTY
The Lessee shall have the right, within thirty (30) days after the termination of this Lease,
whether such termination comes upon expiration or under any provision of this Lease, to
remove from the Leased Premises all of Lessee's furniture, fixtures, equipment,
furnishings, and other personal property which has not become the property of the City.
Lessee shall restore the Premises to the original condition, normal wear and tear
excepted. The City, however, shall have a lien on all of Lessee's property to secure any
unpaid rentals or other revenue due the City; and Lessee's right to remove property from
the Leased Premises is conditioned upon all amounts due the City from Lessee having
been paid in full. Unless a renewal agreement is executed, property left on the Premises
after thirty (30) days from the date of termination of this Agreement shall be deemed
abandoned and will become the property of the City, and may be disposed of as the City
sees fit, without any liability to the Lessee to account for the proceeds of any sale; and the
City, at its option, may require Lessee to remove the abandoned property and may charge
rent from the date of expiration or termination of this Agreement through the day of final
removal of the property, or of notification to the Lessee of the abandonment of the
property and taking by the City, as the case may be. Lessee shall have ninety (90) days to
remove any Lessee -owned buildings.
7.07 SURRENDER LEASED PREMISES
The Lessee covenants and agrees that at the expiration of the term of this Lease, or upon
earlier termination as provided elsewhere in this Agreement, Lessee will quit and
surrender the Leased Premises and the improvements in good condition, reasonable wear
and tear excepted. City shall have the right to take possession of the Leased Premises and
the improvements, subject to the limitations expressed in Article Ten, of this Lease, with
or without process of law.
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ARTICLE EIGHT
SUBLEASE, SALE, ASSIGNMENT, OR TRANSFER
8.01 SUBLEASING
Lessee shall not sublease, sell, assign, or transfer the Agreement, in whole or in part, or
any interest in the Agreement, or any rights or obligations the Lessee has under the
Agreement, without the prior written consent by the Director.
A. SUBLESSEE OBLIGATIONS
If Lessee receives written consent from the Director, Sublessee shall comply with the
PMCDs and all applicable Legal Requirements.
B. SUBLEASING RESTRICTIONS
If Lessee receives written consent from the Director, Sublessee shall be subject to all
applicable terms and conditions of the Lessee's Agreement governing the land and/or
improvements being subleased. Any Sublease made contrary to the requirements of
this section shall be null and void.
8.02 SALE, ASSIGNMENT, OR TRANSFER
Lessee shall not sell, assign, or transfer the Agreement, in whole or in part, or any interest
in the Agreement, or any rights or obligations the Lessee has under the Agreement,
without the prior written consent by the Director.
• If Lessee is desirous of such a sale, assignment, or transfer, the Lessee shall submit a
written request to the Director for approval. The request shall be accompanied by a
completed Application by the entity requesting assignment (Assignee).
• At the time a sale, assignment, or transfer is approved in writing by the Director, the
Lessee shall reimburse the City for attorney's fees and expenses incurred by the City
relating to the sale, assignment, or transfer in the sole discretion of the City.
• The Assignee shall satisfy all criteria set forth in all PMCDs and all applicable Legal
Requirements.
Written consent of the Director is not required in connection with: (a) the merger,
consolidation, or reorganization of the Lessee with any Affiliate of the Lessee, (b) the
sale of all or substantially all of the assets of the Lessee to any Affiliate of the Lessee, or
(c) assignment to any Affiliate of the Lessee.
Any sale, assignment, or transfer, with exception of the situations and/or circumstances
noted in this section, made without the prior written consent of the Director shall be
considered null and void.
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8.03 CHANGE IN CONTROLLING OWNERSHIP
Any change in the controlling ownership of a Lessee is subject to the prior written
consent of the Director, which consent, subject to the process described below, shall not
be unreasonably withheld, conditioned, or delayed.
If a Lessee is desirous of changing its controlling ownership, the Lessee shall submit a
completed Application to the Director for review. If the Application is acceptable to the
Director, the Director shall submit the Application and a recommendation to the City for
review and consideration.
• At the time the change in controlling ownership is approved in writing by the
Director, the Lessee shall reimburse the City for attorney's fees and expenses
incurred by the City relating to the application for change of controlling ownership in
the sole discretion of the City.
Any change in controlling ownership made without the prior written consent of the
Director shall be considered null and void.
8.04 ENCUMBRANCES AND MORTGAGES
Lessee shall not mortgage, pledge, assign as collateral, encumber or in any manner
transfer, convey, or dispose of the Leased Premises or any interest therein without the
prior written consent of the Director.
If Lessee is desirous of mortgaging, pledging, assigning as collateral, encumbering or in
any manner transferring, conveying, or disposing of the Leased Premises or any interest
therein, the Lessee shall submit a written request to the Director for review. If the request
is acceptable, the Director shall submit the request and a recommendation to the City for
review and consideration.
• At the time the request is approved in writing by the Director, the Lessee shall
reimburse the City for attorney's fees and expenses incurred by the City relating to
the encumbrance request in the sole discretion of the City.
Any encumbrance made without the prior written consent of the City shall be considered
null and void.
8.05 RELOCATION
In the event that relocation is deemed necessary (e.g., to correct deviations from 14 CFR
Part 77, to ensure consistency with the Airport Layout Plan, etc.), the City shall provide
Airport land and/or Improvements that are similar to the Airport land and/or
Improvements currently being occupied and/or used by the Lessee. Such Airport land
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and/or Improvements shall be leased to the Lessee under the same terms and conditions
as stipulated in the existing Agreement.
If similar Airport land and/or Improvements are not available, the City may, in its sole
discretion, buyout the leasehold interest held by the Lessee at the market value
determined by an Appraiser engaged by the City. If Lessee disagrees with the market
value conclusion reached by the Appraiser, the Lessee shall have the right to initiate a
dispute resolution process.
If the relocation is solely for the benefit of the City, the City shall pay all reasonable (and
verifiable) relocation costs and expenses associated with relocating the Lessee.
Relocation shall follow all applicable federal, FAA, and Texas Legal Requirements for
relocation proceedings and any appraisal report shall meet the requirements of such.
8.06 RIGHTS OF OTHERS
It is clearly understood by the Lessee that any person, firm, or corporation operating
Aircraft at the Airport has the right or privilege to perform any services on its own
Aircraft with its own regular Employees (including, but not limited to, maintenance and
repair). The rights of said person, firm, or corporation are subject to the rights of Lessee
as set forth in 1.02.
8.07 EXCLUSIVITY
It is understood and agreed that nothing herein contained shall be construed to grant or
authorize the granting of an Exclusive Right to conduct any Activities, including, but not
limited to charter flights, pilot training, Aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations,
Aircraft sales and services, sale of aviation petroleum products whether or not conducted
in conjunction with other Activities, repair and maintenance of Aircraft, sale of Aircraft
parts, and any other Activities which because of their direct relationship to the operation
of Aircraft can be regarded as an Activity.
8.08 NO RESIDENTIAL USE
It is understood and agreed Lessee shall not permit or enter into any arrangement that
results in permission for the leased premises to be used as a residence.
8.09 STORAGE USE
The Leased Premises shall be used solely for aviation -related purposes. Storage of non -
aviation related property inside hangars is strictly prohibited.
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ARTICLE NINE
MISCELLANEOUS PROVISIONS
9.01 CONFLICT OF INTEREST
The Lessee acknowledges that it is informed that Texas law prohibits contracts between
the City of Lubbock and its "officers" and "Employees," and that the prohibition extends
to officers and Employees of the City of Lubbock agencies, such as City -owned utilities,
and certain City of Lubbock boards and commissions, and to contract with any
partnership, corporation, or other organization in which the officers or Employees have a
substantial interest. Lessee certifies (and this Agreement is made in reliance thereon) that
neither the Lessee nor any person having an interest in this Agreement is an officer or
Employee of the City of Lubbock or any of its agencies, boards, or commissions.
9.02 NO WAIVER
City shall not waive the right to enforce the Agreement, in whole or in part.
9.03 LICENSES, CERTIFICATIONS, AND PERMITS
Lessee shall have (and provide copies to the Director upon request) all licenses,
certifications, and permits required to conduct Lessee's Activities.
9.04 INDEPENDENT ENTITIES
This Agreement shall not be construed to establish a partnership or joint venture between
the City and Lessee.
9.05 BINDING EFFECT
This Agreement shall be binding on and for the benefit of the heirs, successors, and
assigns of the City and the Lessee.
9.06 SUBORDINATION
This Agreement is subordinate to any agreement between the City and the United States
Government, the State of Texas, or any other Agency having jurisdiction.
9.07 NON -LIABILITY OF OFFICIALS AND EMPLOYEES OF CITY
No officer, elected official, Employee, agent, or representative, etc. of City shall be
personally liable for a default or liability under this Agreement.
9.08 GOVERNING LAW AND VENUE
This Agreement shall be made in accordance with the laws of Texas and venue shall be in
a court of competent jurisdiction in Lubbock County, Texas.
9.09 PARAGRAPH HEADINGS
Page 25
The paragraph headings in this Agreement shall only be used as a matter of convenience
and/or reference.
9.10 SEVERABILITY
If a provision of the Agreement is held to be unlawful, invalid, or unenforceable by final
judgment of any Agency or court of competent jurisdiction, the invalidity, voiding, or
unenforceability of such provision shall not in any way affect the validity of any other
provisions of the Agreement.
9.11 COUNTERPARTS
If this Agreement is executed in counterparts, each shall be deemed an original and which
together shall constitute one and the same Agreement.
9.12 MODIFICATION
Any change or modification to the Agreement shall not be valid unless made in writing,
agreed to, and signed by the City and Lessee.
9.13 COMPLIANCE WITH CHAPTER 2271, SUBTITLE F, TITLE 10, TEXAS
GOVERNMENT CODE
The Lessee warrants that it is in compliance with Chapter 2271, Subtitle A, Title 8
of the Texas Government Code by verifying that: (1) it does not boycott Israel;
and (2) it will not boycott Israel during the term of the Agreement.
9.14 NOTICES
Notices to the City required or appropriate under this Agreement shall be deemed
sufficient if in writing and hand delivered or mailed, registered or certified mail, postage
prepaid, addressed to Lubbock Preston Smith International Airport, Attn: Director, 5401
N. MLK Blvd., Unit 389, Lubbock, Texas 79403. Notices to the Lessee shall be deemed
sufficient if in writing and hand delivered or mailed, registered or certified mail, postage
prepaid, addressed to:
MARCO STEEL & ALUMINUM CO.
9.15 NON -ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any
and all forms of relief in a court of competent jurisdiction. Further, City shall not
Page 26
be subject to any arbitration process prior to exercising its unrestricted right to
seek judicial remedy. The remedies set forth herein are cumulative and not
exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this
provision shall control.
9.16 TIME OF THE ESSENCE
The City and Lessee shall agree that time is of the essence in performance of the
Agreement.
9.17 ENTIRE AGREEMENT This Lease constitutes the entire Agreement between the City
and Lessee, and any other written or parole agreement with the City is expressly waived
by Lessee.
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EXECUTED this 12th day of
LESSOR:
CITY OF
BY:
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ATTEST:
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Rebef ca Garza, City Secrets
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APPROVED AS TO CONTENT:
Kelly Campbell, Executive Director of Aviation
APPROVED AS TO FORM:
Mit Sattefw
Fit Assistant City Attorn
July , 2022.
LESSEE:
MARCO STEEL & ALUMINUM CO.
BY: A, .
President
DATE: 6/22/2022
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