HomeMy WebLinkAboutResolution - 570 - Lease Agreement - USA Customs Service - Office Space, LIA - 07_24_1980,,_;v 1ISMT:bs RESOLUTION #570 - 7/24/80
RESOLUTION
�IBE
J
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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LUBBOCK:
UBBOCK•
THAT the Mayor of the City of Lubbock BE and
is hereby authorized and
Idirected to execute for and on behalf of the City
of Lubbock a Lease Agreement
!with the United States of America Customs Service
for office space at the
tJLubbock International Airport, a copy of which is
attached herewith which
flshall be spread upon the minutes of the Council and as spread upon the minutes
Eof this Council shall constitute and be a part of
this Resolution as if fully
copied herein in detail.
1Passed
by the City Council this 24th day of
July ,1980.
BIft—RcIrISfER, MAYOR
'FATTEST:
Evelyn Gaf IVga, City S cr -Treasurer
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IIAPPROVED AS TO CONTENT:
!t - f //n till Yrr�c � �C 51
IMa in Coffee, Dire/or of Aviation
EAPPROVED AS TO FORM:
l�
ISusan M. Tom, Asst. City Attorney
RESOLUTION #570 - 7/24/80
LEASE #TC6-L12l/80
The City of Lubbock, hereinafter called the Lessor leases to the United
States of America, hereinafter called the Government, the described premises on
the terms stated herein, including the conditions on the reverse hreof.
1. Location of Leased Premises i
Lubbock Airport Executive Terminal Building, Lubbock, Texas.
2. Description of Leased Premises
Total of 648 square feet in the South end of the Executive Terminal Building,
Lubbock Airport, Lubbock, Texas.
3. Term
To have and to hold: for the term beginning on effective date of the
lease through one (1) year after effective date from year to year thereafter,
but not beyond (5) five years after effective date of this lease.
4. Termination
The Government may terminate this lease at any time by giving at least 90
days' written notice to the Lessor. Said notice shall be computed commencing
with the day after the date of mailing.
5. Rental
The above described Premises are leased to the Government for and in
consideration of on -site customs inspection services provided by the Government
on a regular basis to enable the City of Lubbock to remain International Port -
of -Entry, and a rental fee of $1.00 per year, due and payable on the anniversary
date of this lease.
6. Services and Utilities
Services and utilities to be provided by Lessor as part of the lease.
1. Heat
2. Electricity
3. Water
4. Chilled Drinking Water
5. Air Conditioning
6. Toilet Supplies
7. Initial Lamps, Tubes and Ballasts
7. Special or Other Provisions Agreed Upon
Any destruction of the property that is the fault of the Lessee will be
repaired or replaced by the Lessee. Janitorial services and replacement bulbs
for the leased space will the provided by the Lessee.
General.Services Administration Standard Form 2-A (May 1970 Edition) is
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incorporated by reference.
General Provisions
1. Maintenance of Premises
The Lessor shall maintain the premises and property furnished under this
lease in good repair and tenantable condition during the continuance of this
lease, except in case of damage arising from the act or the negligence of the
Government's agents or employees. For the purpose of so maintaining said
premises and property, the Lessor may, at reasonable times approved by the
Government, enter and inspect the same and make any necessary repairs thereto.
2. Damage By Fire Or Other Casualty
If the said premises be destroyed by fire or other casualty this lease
shall immediately terminate. In case of partial destruction or damage, so as
to render the premises untenantable, as determined by the Government, the
Government may terminate the lease by giving written notice to the Lessor
within fifteen (15) days thereafter; if so terminated no rent shall accrue to
the Lessor after such partial destruction or damage; and if not so terminated
the rent shall be reduced proportionately by supplemental agreement hereto
effective from the date of such partial destruction or damage.
3. Alterations
The Government may make alterations, attach fixtures or signs and erect
structures in or upon the leased premises, all of which shall be the property
of the Government, with the prior written approval of the Director of Aviation.
4. Condition Report
A joint physical survey and inspection report of the demised premises
shall be made as of the effective date of this lease, reflecting the then
present condition, and will be signed on behalf of the parties hereto.
5. Officials Not To Benefit
No Member of or Delegate to Congress, or Resident Commissioner shall be
admitted to any share or part of this lease contract, or to any benefit that
may arise therefrom; but this provision shall not be construed to extend to
this lease contract if made with a corporation for its general benefit.
6. Applicable Codes and Ordinances
The Lessor, as part of the rental consideration, agrees to comply with all
codes and ordinances applicable to the ownership and operation of the building
in which the leased space is situated and, at his own expense, to obtain all
necessary permits and related items.
7. Lessor's Successors
The terms and provisions of this lease and the conditions herein shall
bind the Lessor, and the Lessor's heirs, executors, administrators, successors,
and assigns.
B. Covenant Against Contingent Fees
The Lessor warrants that no person or selling agency has been employed or
retained to solicit or secure this lease upon an agreement or understanding for
a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by
the Lessor for the purpose of securing business. For breach or violation of
this warranty the Government shall have the right to annul this lease without
liability or in its discretion to deduct from the rental price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage
or contingent fee. (Licensed real estate agents or brokers having listings on
property for rent, in accordance with general business practice, and who have
not obtained such licenses for the sole purpose of effecting this lease, may be
considered as bona fide employees or agencies within the exception contained in
this clause.)
9. Facilities Nondiscrimination
(a) As used in this section, the term "facility" means stores, shops,
restaurants, cafeterias, restrooms, and any other facility of a public nature
in the building in which the space covered by this lease is located.
(b) The Lessor agrees that he will not discriminate by segregation or
otherwise against any person or persons because of race, creed, color, or
national origin in furnishing, or by refusing to furnish, to such person or
persons the use of any facility, including any and all services, privileges,
accommodations, and activities provided thereby. Nothing herein shall require
the furnishing to the general public of the use of any facility customarily
furnished by the Lessor solely to tenants, their employees, customers, patients,
clients, guests and invitees.
(c) It is agreed that the Lessor's noncompliance with the provisions bf
this section shall constitute a material breach of this lease. In the event of
such noncompliance, the Government may take appropriate action to enforce
compliance, may terminate this lease, or may pursue such other remedies as may
be provided by law. In the event of termination, the Lessor shall be liable
for all excess costs of the Government in acquiring substitute space, including
but not limited to the cost of moving to such space. Substitute space shall be
obtained in as close proximity to the Lessor's building as is feasible and
moving costs will be limited to the actual expenses thereof as incurred.
(d) It is further agreed that from and after the date hereof the Lessor
will, at such time as any agreement is to be entered into or a concession is to
be permitted to operate, include or require the inclusion of the foregoing
provisions of this section in every such agreement or concession pursuant to
which any person other than the Lessor operates or has the right to operate any
facility. Nothing herein contained, however, shall be deemed to require the
Lessor to include or require the inclusion of the foregoing provisions of this
section in any existing agreement or concession arrangement or one in which the
contracting party other than the Lessor has the unilateral right to renew or
extend the agreement or arrangement, until the expiration of the existing
agreement or arrangement and the unilateral right to renew or extend. The
Lessor also agrees that it will take any and all lawful actions as expedi-
tiously as possible, with respect to any such agreement as the contracting
agency may direct, as a means of enforcing the intent of this section, including,
but not limited to, termination of the agreement or concession and institution
of court action.
10. Examination of Records
(Note: This provision is applicable if this lease was negotiated without
advertising.)
(a) The Lessor agrees that the Comptroller General of the United States
or any of his duly authorized representatives shall, until the expiration of 3
years after final payment under this lease, have access to and the right to
examine any directly pertinent books, documents, papers, and records of the
Lessor involving transactions related to this lease.
(b) The Lessor further agrees to include in all his subcontracts hereunder
a provision to the effect that the subcontractor agrees that the Comptroller
General of the United States or his representatives shall, until the expiration
of 3 years after final payment under this lease with the Government, have
access to and the right to examine any directly pertinent books, documents,
papers, and records of such subcontractor involving transactions related to the
subcontract.
11. Instructions
Whenever the lease is executed by an attorney, agent, or other person, or
corporation on behalf of the Lessor, the name of the Lessor shall appear above
the signature of the person signing.
CITY OF LUBBOCK
r
BIL c I TER, MAYOR
ATTEST:
Evelyn Gaffga;-.City,'SLvcE�/ary-Treasurer
—APPROVED AS TO -CONTENT:
Mafviri Coffee, D ,fctor of Aviation
APPROVED AS TO FORM:
Susan M. Tom, Assistant City Attorney
UNITED STATES OF AMERICA
BY:
n B. Lanier, Contracting Officer
ATTEST:
R B Phillips
Chief, Property & Procurement Branch
GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS
U.S. Government Lease for Real Property
GENERAL PROVISIONS
1. SUBLETTING THE PREMISES.
The Government may sublet any part of the premises but
shall not be relieved from any obligations under this lease
by reason of any such subletting.
2. MAINTENANCE OF PREMISES.
The Lessor shall maintain the demised premises, including
the building and any and all equipment, fixtures, and ap-
purtenances, furnished by the Lessor under this lease in
good repair and tenantable condition, except in case of
damage arising from the act or the negligence of the Gov-
ernment's agents or employees. For the purpose of so main-
taining said premises and property, the Lessor may at
reasonable times, and with the approval of the authorized
Government representative in charge, enter and inspect the
same and make any necessary repairs thereto.
3. DAMAGE BY FIRE GR OTHER CASUALTY.
If the said premises be destroyed by fire or other casualty
this lease shall immediately terminate. In case of partial
destruction or damage, so as to render the premises unten-
antable, as determined by the Government, the Government
may terminate the lease by giving written notice to the
Lessor within fifteen (15) days thereafter; if so terminated
no rent shall accrue to the Lessor after such partial de-
struction or damage; and if not so terminated the rent shall
be reduced proportionately by supplemental agreement hereto
effective from the date of such partial destruction or damage.
4. ALTERATIONS.
The Government shall have the right during the existence
of this lease to make alterations, attach fixtures and erect
additions, structures or signs in or upon the premises hereby
leased, which fixtures, additions or structures so placed in,
neon !or,attached to the said premises shall be and remain
the property of the Government and may be removed or
otherwise disposed of by the Government.
5. CONDITION REPORT.
A'joint physical survey and inspection report of the de-
mised premises shall be made as of the effective date of this
lease reflecting the then present condition, and will be signed
on behalf of the parties hereto.
6. COVENANT AGAINST CONTINGENT FEES.
The Lessor warrants that no person or selling agency has
been employed or retained to solicit or secure this lease upon
an agreement or understanding for a commission, percent-
age, brokerage, or contingent fee, excepting bona fide em-
ployees or bona fide established commercial or selling agencies
maintained by the Lessor for the purpose of securing busi-
ness. For breach or violation of this warranty the Govern-
ment shall have the right to annul this lease without liability
or in its discretion to deduct from the rental price or =-
sideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee. (Li-
censed real estate agents or brokers having listings on prgp-
erty for rent, in accordance with general business practice,
and who have not obtained such licenses for the sole purpose
of effecting this lease; may be considered as bona fide em-
ployees or agencies within the exception contained in this
clause.)
7. OFFICIALS NOT TO BENEFIT.No Member of or Delegate to Congress, or Resident Com-
missioner shall be admitted to any share or part of this lease
contract, or to any benefit that may arise therefrom- but
this provision shall not be construed to extend to this lease
contract if made with a corporation for its general benefit.
8. ASSIGNMENT OF CLAIMS.
Pursuant to the provisions of the Assignment of Claims
Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if
this lease provides for payments aggregating $1,000 or
more, claims for monies due or to become due the Lessor
from the Government under this contract may be assigned
to a bank, trust company or other financing institution,
including any Federal lending agency, and may thereafter
be further assigned or reassigned to any such institution. Any
such assignment or reassignment shall cover all amounts pay-
able under this contract and not already paid, and shall not
be made to more than one party, except that any such assign-
ment or reassignment may be made to one party as agent
or trustee for two or more parties participating in such fi-
nancing. Notwithstanding any provisions of this contract,
payments to an assignee of any monies due or to become
due under this contract shall not, to the extent provided in
said Act, as amended,,be subject to reduction or set-off.
9. EQUAL OPPORTUNITY CLAUSE.
(The following clause is applicable unless this contract is
exempt under the rules, regulations, and relevant orders of
the Secretary of Labor (41 CFR, ch. 60).)
During the performance of this contract, the Contractor
agrees as follows:
(a) The Contractor will not discriminate against any em-
ployee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for train-
ing, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Contracting
Officer setting forth the provisions of this Equal Opportunity
clause.
(b) The Contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or
national origin.
(c) The Contractor will send to each labor union or repre-
sentative of workers with which he has a collective bargain-
ing agreement or other contract or understanding, a notice,
to be provided by the agency Contracting Officer, advising the
labor union or workers' representative of the Contractor's
commitments under this Equal Opportunity clause, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(d) The Contractor will comply with all provisions of Ex-
ecutive Order No. 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of 'the Secretary of
Labor.
(e) The Contractor will furnish all information and re-
ports required by Executive Order No. 11246 of September
24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting
Standard Form Z-A
Genenl Senicm AdminfatnUmt-FPR (41 CFR) 1-16.601
May 1970 Edition
2-203
agency and the Secretary of Labor for purposes of investiga-
tion to ascertain compliance with such rules, regulations, and
orders.
(f) In the event of the Contractor's noncompliance with
the Equal Opportunity clause of this contract or with any
of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended, in whole or in part,
and the Contractor may be declared ineligible for further
Government contracts in accordance with procedures author-
ized in Executive Order No. 11246 of September 24, 1965,
,,and, such. other sanctions may be imposed and remedies in-
voked as provided in Executive Order No. 11246 of Septem-
ber 24, 1965 orby rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of para-
graphs (a) through (gg) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
tSecretary of Labor issued pursuant to section 204 of Execu-
tive Order No. 11246 of September 24, 1965, so that such pro-
visions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any sub-
contract'or purchase order as the contracting agency may
direct as a means,of enforcing such provisions, including
sanctions for noncompliance: Provided, however, That in the
event the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
such direction by the contracting agency, the Contractor may
request the United. States to enter into such litigation to
protect the interests of the United States.
10. FACILITIES NONDISCRIMINATION.
(a) As used in this section, the term 'facility" means
stores, shops, restaurants, cafeterias, restrooms, and any
other facility of a public nature in the building in which the
space covered by this lease is located.
(b) The Lessor agrees that he will not discriminate by
segregation or otherwise against any person or persons be-
cause of race,' color, religion, sex, or national origin in
furnishing, or by refusing to furnish, to such pperson or
persons the use of any facility, including any and ell services,
pprivileges, accommodations, and activities provided thereby.
Nothing herein shall require the furnishing to the general
public of the use of any facility customarily furnished by the
Lessor solely to tenants, their employees,' customers, patients,
clients, guests and invitees.
(c) It is agreed that the Lessor's noncompliance with the
provisions of this section shall constitute a material breach
of this lease. In the event of such noncompliance, the Gov-
ernment may take appropriate' action to enforce compliance,
may terminate this lease, or may pursue such other remedies
-'as may be provided by law. In the event of termination, the
`Lessor shall be liable for all excess casts of the Government
in acquiring substitute space, including but not limited to
the cost of moving to such space. Substitute space shall be
'obtained in as close' proximity to the Lessor's building as is
feasible and moving costs will be limited to the actual ex-
penses thereof as incurred. .
(d) It is further agreed that from and after the date
hereof the Lessor will, at such time as any agreement is to
be entered into or a concession is to be permitted to operate,
include or require the inclusion of the foregoing provisions
of this section in every such agreement or concession pur-
suant to which any person other than the Lessor operates or
has the right to operate any facility. Nothing herein con-
tained, however, shall be deemed to require the Lessor to
in,,lude or require the inclusion of the foregoing provisions of
CERTIF
1. CERTIFICATION OF NONSEGREGATED FACILITIES.
(Applicable to (1) contracts, (2) subcontracts, and (3)
agreements with applicants who are themselves performing
federally assisted construction contracts, exceeding $10,000
which are not exempt from the provisions of the Equal
Opportunity clause.)
this section in any existing agreement or concession arrange-
ment or one in which the contracting party other than the
Lessor has the unilateral right to renew or extend the agree-
ment or arrangement, until the expiration of the existing
agreement or arrangement and the unilateral right to renew
or extend. The Lessor also agrees that it will take any and
all lawful actions as expeditiously as possible, with respect to
any such agreement as the contracting agency may direct, as
a means of enforcing the intent of this section, including, but
not limited to, termination of the agreement or concession and
institution of court action.
11. EXAMINATION OF RECORDS.
(NOTE. —This provision is applicable If this lease was nego-
tiated without advertising.) .
(a) The Lessor agrees that the Comptroller General of the
United States or any of his duly authorized representatives
shall, until the expiration of 3 years after final payment
under this lease, have access to and the right to examine any
directly pertinent books, documents, papers, and records of
the Lessor involving transactions related to this lease.
(b) The Lessor further agrees to include in all his subcon-
tracts hereunder a provision to the effect that the subcontrac-
tor agrees that the Comptroller General of the United States
or his representatives shall, until the expiration of 3 years
after final payment under this lease with the Government,
have access to and the right to examine any directly pertinent
books, documents, papers, and records of such subcontractor
involving transactions related to the subcontract.
12. APPLICABLE CODES AND ORDINANCES
The Lessor, as part of the rental consideration, agrees to
comply with all codes and ordinances applicable to the own-
ership and operation of the building in which the leased space
is situated and; at his own expense, to obtain all necessary
permits and related items.
13. INSPECTION.
At all times after receipt of Bids, prior to or after accept-
ance of any Bid or during any construction, remodeling or
renovation work, the premises and the building or any parts
thereof, upon reasonable.and proper notice, shall be accessi-
ble for inspection by the Contracting Officer, or by architects,
engineers, or other technicians representing him, to deter-
mine whether the essential requirements of the solicitation or
the lease requirements are met.
14. ECONOMY• ACT LIMITATION.
If the rental specified in this lease exceeds $2,000 per
annum, the limitation of Section 322 of the Economy Act of
1932, as amended (40 U.S.C. 278a), shall apply.
15. FAILURE IN PERFORMANCE.
In the event of failure by the Lessor to provide an aerviee,
utility, maintenance or repairs required under this lease, the
Government shall have the _ right to secure said services,
utilities, maintenance or repairs and to deduct the cost
thereof from rental payments.
16. LESSOR'S SUCCESSORS.
The terms and provisions of this lease and the conditions
herein shall bind the Lessor, and the Lessor's heirs, executors,
-administrators, successors, and assigns.
ICATION
By the submission of this bid, the bidder, offeror, applicant,
or subcontractor certifies that he does not maintain or pro-
vide for his employees any segregated facilities at any of his
establishments, and that he does not permit his employees to
perform their services at any location, under his control,
where segregated facilities are maintained. He certifies fur -
standard Form I —A
Mar 1970 EMU—
ther that he will not maintain or provide for his employees
prior to the award of subcontracts exceeding $10,000 which
any segregated facilities at any of his establishments, and
are not exempt from the provisions of the Equal Opportunity
that he will not permit his employees to perform their services
clause; that he will retain such certifications in his files;
at any location, under his control, where segregated facilities
and that he will forward the following notice to such pro -
are maintained. The bidder, offeror, applicant, or subcon-
posed subcontractors (except where the proposed subcon-
tractor agrees that a breach of this certification is a violation
tractors have submitted identical certifications for specific
of the Equal Opportunity clause in this contract. As used in
time periods)
this certification, the term "segregated facilities" means any
waiting rooms, work areas, rest rooms and wash rooms, res-
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
taurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking foun-
CERTIFICATIONS OF NONSEGREGATED FACILITIES
tains,recreation or entertainment areas, transportation, and
housing facilities provided for employees which are segre-
gated by explicit directive or are in fact segregated on the
mitted prior to the award of a subcontract exceeding $10,000
which is not exempt from the provisions of the Equal Oppor-
basis of race, color, religion, or national origin, because
tunity clause. The certification may be submitted either for
of habit, local custom, or otherwise. He further agrees that
each subcontract or for all subcontracts during a period (i.e.,
(except where he has obtained identical certifications from
quarterly, semiannually, or annually).
proposed subcontractors for specific time periods) he will ob-
NOTE: The penalty for making false statements in offers
tain identical certifications from proposed subcontractors
is prescribed in 18 U.S.C. 1001.
NOTE. —The penalty for making false statements in offers is prescribed in 18 U.S.C.1001.
INSTRUCTIONS
1. Whenever the lease is executed by an attorney, agent,
or trustee on behalf of the Lessor, two authenticated copies
of his power of attorney, or other evidence to act on behalf
of the Lessor, shall accompany the lease.
2. When the Lessor is a partnership, the names of the
partners composing the firm shall be stated in the body of the
lease. The lease shall be signed with the partnership name,
followed by the name of the partner signing the same.
3. Where the Lessor is a corporation, the lease shall be
signed with the corporate name, followed by the signature
and title of the officer or other person signing the lease on
its behalf, duly attested, and, if requested by the Government
evidence of this authority so to act shall be furnished.
4. When deletions or other alterations are made specific
notation thereof "shall be entered under clause 8 of the lease
before signing.
b. If the property leased is located in a State requiring
the recording of leases, the Lessor shall comply with all such
statutory requirements at Lessor's expense.
Standud Form !—A
Slay 1070 Edition