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HomeMy WebLinkAboutResolution - 6316 - Lease Agreement - USDHUD - 05_27_1999Resolution No. 6316 May 27, 1999 Item No. 17 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 by and between the City of Lubbock and the United States Department of Housing and Urban Development. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27th day of May , 1999. ly4SITV)N, MAYOR ATTEST: KaytDarnell, City Secretary APPROVED AS TO CONTENT: f \ C--) . . jRippej Ubrdry Director APPROVED AS TO FORM: Agreement/U.S. & Urban Dev.res ccdocs/April 13, 1999 L . Resolution No. 6316 May 27. 1999 Item No. 17 STATE OF TEXAS COUNTY OF LUBBOCK : LEASE AGREEMENT WHEREAS, the U.S. Department of Housing and Urban Development (HUD) is reinventing the way it delivers information and services to the public: WHEREAS, the new HUD Next Door Kiosk (Kiosk), an electronic information console, is one of the first tangible products of this effort; and WHEREAS, HUD will provide Kiosk for placement in the Lubbock City — County Library; and WHEREAS, the Kiosk empowers citizens by giving them basic information on HUD programs they need to solve their problems, NOW THEREFORE: WITNESSETH: THIS LEASE AGREEMENT (this "agreement") is made this 27th day of May , 1999, by and between the City of Lubbock, Texas, ("Landlord") the owner and/or operatorof the Lubbock City — County Library, located at 1306 91' Street, Lubbock, Texas and the U.S. Department of Housing and Urban Development, (Tenant' with regard to the following facts: 1. Lease Agreement. Landlord hereby leases to Tenant for a trial period ending September 30, 1999, one HUD Next Door Kiosk, an electronic information console, with footprint approx. 3 ft. x 3 ft. to be located on the first floor of Mahon Library. Said unit to be abutted by the support column approx. 25 ft. north of the Circulation department workroom door. Following review in September by both parties, this contract may be extended for a full, one-year period, from October 1, 1999 thru September 30, 2000, and for subsequent years thereafter, provided patron use of the kiosk is considered sufficient by both parties of this agreement. 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 similar product reasonably determined by Tenant to be similar to or in competition with Kiosk. 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 Kiosk at specific Locations, Landlord shall have the right to promote the existence of such Kiosk at this Location as a means of attracting patrons. As additional consideration, during any time that Tenant maintains Kiosk at specific locations, Tenant shall pay Landlord a sum of One Hundred Dollars ($100.00) per month, such total sum be paid to quarterly fifteen days following the end of each quarter. 3. Kiosk Ownership and Maintenance. The Kiosk and the contents therein shall be tenant's sole property. Tenant shall provide for the regular inspection, and maintenance of the kiosk and shall have the right to furnish substitutes or to remove or make any changes on or in the Kiosk in order to meet its objectives. Landlord shall maintain the areas in which the Kiosk is 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 tamper with the Kiosk. Landlord shall also maintain adequate supervision of the Location upon which the Kiosk is contained and protect such Location 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 the Kiosk is to be placed and will arrange for a telephone line and telephone jack for use with the Kiosk. 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 Kiosk. Tenant guarantees that Kiosk will be 'Mr' complaint on January 1, 2000. S. 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, 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 on taxes that may be imposed on the transactions performed via the Kiosk. 6. Alterations in Facilities. Landlord agrees to notify tenant of any alterations in the Location 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 alterations in the Locations covered by this Agreement unless authorized in writing by Landlord. Landlord shall cooperate with Tenant in making any reasonable alterations which may be necessary due to the enhancement of the Kiosk to meet increases in customer demand but shall retain its veto over any suggestions. 7. Confidentiality. Landlord agrees that the Kiosk 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 the 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 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 the 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') U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PO Box 290� Fort Worth, 76113 M. L. SIMS TITLE:DIRECTOR OF ADMINISTRATIVE RESOURCES DIVISION ("Landlord") CITY OF LUBBOCK PO BOX 2000 Lubbock, TX 79457 ATTEST_ (N ), City Secre Kaythie Darnell - APPROVED AS TO CONTENT iA., a �d y A. Rippel, , er hector APPROVED AS TO FORM: