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Home My WebLink AboutResolution - 4564 - Lease Agreement - Info_Texas - Computer & Kiosk, Lubbock Public Library - 07_28_1994Resolution No. 4564 Item #26 July 28, 1994 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 and all related documents by and between the City of Lubbock and Info/Texas, a Delaware Limited Partnership, for a computer and kiosk enabling public access to the interactive government mulitmedia network for placement in the City of Lubbock Public Library; which lease agreement is attached hereto, 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 28th day of July 1994 TON, MAYOR ATTEST: Betty M. Jo-hnso-ripCity Secretary APPROVED AS TO CONTENT: tr ey A. RippeLWibrary Director APPROVED AS TO FORM: ald G. Vaniver, First % 1 Assistant City Attorney DGV:dp\c:kcdocsUnfo.Rcs July 19, 1994 Resolution No. 4564 Item #26 July 28, 1994 STATE OF TEXAS § COUNTY OF LUBBOCK § LEASE AGREEMENT WHEREAS, the Texas Employment Commission has developed a custom touchscreen computer system for kiosk locations providing access to the Governor's Job Bank, access to employment by various state agencies and information on unemployment benefits, worker retraining and child labor laws; and WHEREAS, INFO/TEXAS, Delaware Limited Partnership, will provide a computer and kiosk enabling public access to the interactive government multimedia network for placement in the City of Lubbock Public Library; and WHEREAS, the device will help the City to deliver helpful information to its citizens in a simpler and more efficient manner, NOW THEREFORE: WITNESSETH: THIS LEASE AGREEMENT (this "Agreement") is made this 28th day of ,1111 y , 199__4, by and between the City of Lubbock, Texas, ("Landlord") the owner and/or operator of the locations listed on Schedule "A" attached hereto ("Locations") and Info/Texas, L.P., a Delaware Limited Partnership, ("Tenant") with regard to the following facts: 1. Lease Arrangement. Landlord hereby leases to Tenant for a period of five (5) years from the date hereof the specified areas cross -hatched in the diagrams of the Locations fisted in Schedule "A", or an alternate area mutually agreed to between Landlord and Tenant, for the purpose of operating interactive media touchscreen kiosk systems ("Kiosks"). Landlord agrees that Tenant shall have exclusive and undisturbed possession to such areas and shall not, during the term of this Agreement, introduce, install, contract for, or promote any interactive media touchscreen systems product or similar product reasonably determined by Tenant to be similar to or in competition with Kiosks. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. 2. Consideration. In consideration for this lease, during any time that Tenant maintains Kiosks at specific Locations, Landlord shall have the right to promote the existence of such Kiosks at these Locations as a means of attracting patrons. As additional consideration, during any time that Tenant maintains Kiosks at specific Locations, Tenant shall pay Landlord a sum of One Hundred Dollars ($100.00) per month, such total sum to be paid quarterly fifteen days following the end of each quarter. 3. Kiosk Ownership and Maintenance. All Kiosks and the contents therein shall be Tenant's sole property. Tenant shall provide for the regular inspection, and maintenance of each Kiosk and shall have the right to furnish substitutes or to remove or make any changes on or in the Kiosks in order to meet its objectives. Landlord shall maintain the areas in which the Kiosks are located and shall furnish, and bear the expense of, regular janitorial service. Landlord shall not permit anyone except agents of Tenant to remove or in any way temper with the Kiosks. Landlord shall also maintain adequate supervision of the Locations upon which the Kiosk(s) are contained and protect such Locations and contents for fire, theft, vandalism, or other preventable hazards. 4. Utility and Service. Landlord shall provide at least one utility outlet in a convenient position where each Kiosk is to be placed and will arrange for a telephone fine and telephone jack for use with each Kiosk, such direct expense to be paid by Tenant. Landlord shall provide continuous service except in the event of an emergency and shall promptly notify Tenant, or Tenant's designated service provider, of any interruption in service to the Kiosks. 5. Selection and Pricing. As between Tenant and Landlord, Tenant shall have sole control over the content of materials either internal or external to the Kiosk(s), provide that the Landlord shall have certain veto rights as described hereunder. Tenant shall be responsible for payment of all state, county and city license fees and sales or other use fees or taxes that may be imposed on the transactions performed via the Kiosk(s). 6. Alterations in Facilities. Landlord agrees to notify Tenant of any alternations in the Locations that may affect the operation of the Kiosk service or which will affect any of the areas covered by this Agreement. Tenant shall make no alternations in the Locations covered by this Agreement unless authorized in writing by Landlord. Landlord shall cooperate with Tenant in making any reasonable alternations which may be necessary due to the enhancement of the Kiosk to meet increases in customer demand but shall retain its veto over any such suggestions. 7. Confidentiality. Landlord agrees that the Kiosks contain proprietary designs and trade secrets owned by Tenant and its affiliates which necessitate the observance of strict confidentiality standards. Landlord agrees to observe such strict confidential standards, including, but not limited to, treating this Agreement and the transactions contemplated hereby as strictly confidential and not disclosing the content of same to any third parties, except such disclosures as may be required by law, the courts or the Texas Attorney General pursuant to Chapter 552, Texas Government Code. 8. Assignment. This Agreement shall survive any sale, assignment, or other transfer of the Locations by the Landlord. Tenant may assign this Agreement to an affiliate or subsidiary. 9. Miscellaneous. This Agreement constitutes the entire agreement of the parties and supersedes any and all other agreements, understandings, or representatives either oral or in writing. The validity of this Agreement and any of its terms shall be interpreted in accordance with the laws of the State of Texas and any dispute hereunder shall be settled by arbitration in Texas, in accordance with the rules and procedures of the Texas Arbitration statute then LEASE AGREEMENT -- INFO/TEXAS, L.P. Page 2 obtaining. This Agreement may be changed or modified only in writing signed by the party against which enforcement of such change or modification is sought. In the event that any provision of this Agreement shall prove to be invalid or unenforceable, the other provisions shall remain fully binding upon the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date first written above. ("Tenant') ("Landlord") INFO/TEXAS, L.P., a Delaware CITY OF LUBBOCK Limited Partnership By: METRONET COMMUNICATIONS, INC., General Partner i BY: Its: 'Pk0 Ts--t M rani& 6-L-2 DGV:da/dgv1/A-INFrXS.doc July 15, 1994 ATTEST: &t,- M C:)-",- - Betty Xf Johnson, CitfSecretary APPROVED AS TO CONTENT: Al I 1=� � ", / effrey A. Rippe , Library Director APPROVED AS TO FORM: D ald G. Vandiver, First Assistant City Attorney LEASE AGREEMENT — INFOfMXAS, L.P. Page 3