HomeMy WebLinkAboutResolution - 2013-R0046 - Ramp Area Use Agreement - United Parcel Service Co.- LPSIA - 01_31_2013Resolution No. 2013—R0046
JAnuary 31, 2013
Item No. 5.29
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 Ramp Area Use Agreement at the
Lubbock Preston Smith International Airport, by and between the City of Lubbock and
United Parcel Service, Co, and related documents. 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 City Council.
Passed by the City Council on
AT TEST:
Rebe ca Garza, City Secretary
January 31, 2013
APPROVED AS TO CONTENT:
is, Executive
GLUX t. R BERTSON, MAYOR
14L;;K
•ector of Aviation
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Abrmt-LIPS, Co
January 4, 2013
Resolution No. 2013-R0046
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
RAMP AREA USE AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Contract: 11160
This Agreement is entered into at Lubbock, Texas, by and between the CITY OF
LUBBOCK, TEXAS, hereinafter referred to as "LESSOR", and UNITED PARCEL SERVICE,
CO., hereinafter referred to as "LESSEE".
WITNESSETH:
WHEREAS, LESSOR owns and operates a public airport designated as Lubbock Preston
Smith International Airport and hereinafter called "Airport;" and
WHEREAS, LESSEE desires to have priority use of approximately 105,237 square feet
of ramp area at the Airport for the purpose of conducting air freight operations; and
WHEREAS, the Airport Board of the City of Lubbock has approved and recommends
that LESSEE be granted priority use of such ramp area for a term hereinafter designated; and
WHEREAS, the City Council of the City of Lubbock accepts the recommendation of the
Airport Board and finds that execution of this Agreement will properly serve the public interest
of the citizens of the City of Lubbock;
NOW THEREFORE, for and in consideration of the covenants and conditions herein
contained and other valuable consideration, LESSOR hereby authorizes LESSEE to exercise the
rights, powers and privileges hereinafter set forth and does hereby grant to LESSEE priority use
ff
of 105,237 square feet of ramp area whose location is designated on Exhibit "A" attached hereto
and incorporated herein by reference as part of this Agreement.
ARTICLE I
1.01. NON-EXCLUSIVE. It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an exclusive right within the meaning of
49 USC 40103(e).
1.02. PURPOSE. LESSEE'S use of said ramp area shall be for the sole purpose of
conducting air cargo freight operations, parking of aircraft owned and operated by LESSEE, its
subsidiaries or others who LESSEE may from time to time contract with for the conduct of air
cargo freight, and making incidental repairs to the aircraft that are necessary to the conduct of
LESSEE'S air cargo operations.
1.03. SIGNS. LESSEE shall have the right to place signs identifying its business at
locations on the Airport designated by the Director of Aviation of the City of Lubbock. Said
signs shall be of a type, size and design approved in writing by the Director of Aviation. The
installation of such signs must comply with all applicable City Codes and shall be without cost to
LESSOR.
ARTICLE II
TERM
2.01. TERM. The initial term of this Agreement shall be for a period of three (3) years
commencing on February 1, 2013 and ending on March 31, 2016. In addition to the initial term,
LESSEE shall have the option to renew this Agreement for one (1) additional three (3) year
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period. Notice of LESSEE'S intent to exercise a renewal option must be received in the office of
the Director of Aviation at least thirty (30) days prior to the end of the initial term if LESSEE
desires to renew this Agreement for the three (3) year renewal period.
2.02. HOLDING OVER. In the event LESSEE continues its usage of the ramp area
after the expiration of this Agreement, without any written renewal or extension of this
Agreement, such holding over shall not be deemed as a renewal or extension of the same, and
may be terminated at any time by the Director of Aviation of LESSOR.
ARTICLE III
FEES
3.01. RAMP USE FEE. LESSEE shall pay to LESSOR a ramp use fee for 105,237
square feet at the rate of .337 per square foot per year. Annual rental will be THIRTY-FIVE
THOUSAND FOUR HUNDRED SIXTY-FOUR AND 87/100 DOLLARS ($35,464.87)
which shall be due and payable in (12) equal monthly installments of TWO THOUSAND NINE
HUNDRED FIFTY-FIVE AND 41/100 DOLLARS ($2,955.41).
Effective April 1, 2015, the rate will increase to $0.40 per square foot per year and will
be adjusted upward or downward for each ensuing calendar year beginning January 1, 2017, in
direct proportion to the fluctuation in the U.S. Department of Labor, Bureau of Labor Statistics
Consumer Price Index (CPO 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.
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3.02 LANDING FEES. In addition to the ramp use fee, LESSEE shall also pay
LESSOR landing fees upon execution of this Agreement at the rate of 125% of the rate
established for Certified Passenger Air Transportation Companies (CPATC) operating under the
standard long-term agreement for Lubbock Preston Smith International Airport in effect for such
air carriers. If during the term of this Agreement, the CPATC and LESSOR agree to permit
eligible cargo carriers to pay a landing fee rate identical to the CPATC rate or less than the
current 125% rate set forth above, then such change shall be made upon written notice by
LESSOR to LESSEE and no amendment to this Agreement shall be required.
Not later than the fifth (5a') day of each month, LESSEE shall file with the Director of
Aviation a report of LESSEE'S actual landings at the Airport for the preceding month, which
report shall include the number and type of aircraft making such landings. Upon receipt of such
report, LESSOR shall transmit to LESSEE a statement of the landing fees incurred by LESSEE
for the preceding month. Payment shall be made by LESSEE to LESSOR on or before the 25a'
day of the month in which such statement is transmitted. LESSEE shall further provide
LESSOR with a summary of the approved maximum gross landing weights for each type of
aircraft LESSEE operates at the Airport.
3.03. DEFAULT FOR FAILURE TO PAY FEES. If LESSEE fails to pay any fees due
hereunder within thirty (30) days after LESSOR transmits a statement therefore to LESSEE,
LESSOR may, at its option, upon fifteen (15) days written notice to LESSEE (unless in such
fifteen (15) day period LESSEE shall have corrected such failure to pay) immediately or at any
time thereafter, enter into and upon the ramp area or any part thereof in the name of the whole,
and repossess the same without being deemed guilty of trespass.
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3.04. PAYMENTS. All payments that become due and payable by LESSEE shall be
made to the City of Lubbock at the office of the Director of Aviation, Lubbock Preston Smith
International Airport, 5401 N. MLK Blvd., Unit 389, Lubbock, Texas 79403.
3.05. EXEMPTION FROM FUEL FLOWAGE FEES. Upon payment of landing fees
described in Section 3.02 of this Agreement, LESSEE will be exempt from any payments to the
LESSOR for fuel flowage fees.
ARTICLE IV
RIGHTS RESERVED TO LESSOR
The following rights are reserved to LESSOR, and LESSEE agrees that all rights, powers
and privileges granted under the terms of this Agreement shall be subordinated to LESSOR's
rights as hereinafter stated.
4.01. AIRPORT HAZARDS. LESSOR reserves the right to take action it considers
necessary to protect the aerial approaches of the Airport against obstruction, together with the
right to prevent LESSEE from erecting or permitting the erection of any building or other
structure on the Airport which in the opinion of LESSOR would limit the usefulness of the
Airport or constitute a hazard to aircraft.
4.02. AGREEMENT WITH UNITED STATES. During time of war or national
emergency, LESSOR shall have the right to enter into an agreement with the United States
government for military or naval use of all or part of the landing area, the publicly -owned air
navigation facilities, and other areas or facilities of the Airport. If any such agreement is
executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of
the agreement with the Government, shall be suspended.
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4.03. SUBORDINATION OF LESSEE'S RIGHTS. This Agreement shall be
subordinate to the provisions of any existing or future agreement between the LESSOR and the
United States pertaining to the operation and 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.
4.04. SUSPENSION OF LESSEE'S RIGHTS. All rights, privileges and interests
acquired herein by LESSEE, at the option of LESSOR, following ninety (90) days written notice
to LESSEE, may be suspended if such suspension is found by LESSOR, acting in good faith, to
be necessary to secure federal financial aid for the development of the Airport, or further
development of aeronautical operations thereon.
ARTICLE V
GENERAL CONDITIONS
This Agreement is granted subject to the following provisions and conditions:
5.01. RULES AND REGULATIONS. In conducting its business hereunder, LESSEE
shall comply with all applicable laws of the United States of America and the State of Texas, the
rules and regulations promulgated by their authority pertaining to aviation and air navigation,
and all reasonable and applicable rules, regulations and ordinances of the City of Lubbock now
in force or hereafter prescribed or promulgated by authority or by law.
5.02. IMPROVEMENTS OR ALTERATIONS. LESSEE shall not make, permit or
suffer any additions, improvements or alterations to the ramp area without prior written consent
of LESSOR. Any such additions, improvements or alterations made with the consent of
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LESSOR shall be solely at the expense of LESSEE and unless such consent provides specifically
that title to the additions, improvements or alterations so made shall vest in LESSEE, title hereto
shall at all times remain in LESSOR and such additions, improvements or alterations shall be
subject to all terms and conditions of this instrument.
5.03. REMOVAL AND DEMOLITION. LESSEE shall not remove or demolish, in
whole or in part, any improvements that already exist on the ramp area without prior written
consent of LESSOR, which may, at its discretion, condition such consent upon the obligation of
LESSEE to replace the same improvements specified in such consent upon termination of this
Agreement. LESSOR shall not impose unreasonable conditions on its consent.
5.04. MECHANIC'S LIENS. LESSEE shall not bind or attempt to bind LESSOR for
payment of any money in connection with installations, alterations, additions or repairs on the
ramp area or any of LESSEE's equipment or facilities located on ramp area and shall not permit
any mechanic's, materialman's or contractor's liens to arise against the ramp area or any
improvements, equipment, machinery or fixtures thereon belonging to LESSOR, and LESSEE
expressly agrees that it will keep and save LESSOR harmless from all costs and damages
resulting from any lien or liens of any character created or that may be asserted through any act
or thing done by LESSEE.
5.05. DUTY TO DEFEND. In the event any mechanic's or other liens or orders for
payment shall be filed against the ramp area or improvements thereon, or the property of
LESSOR located thereon, during the term of this Agreement, LESSEE shall within twenty (20)
days cause the same to be canceled and discharged of record by bond or otherwise, at the
election and expense of LESSEE, and shall also defend on behalf of LESSOR, at LESSEE's sole
cost and expense, any action, suit or proceeding which may be brought for the enforcement of
such liens or orders.
5.06. LESSOR'S RIGHT TO INSPECT. LESSOR, acting by and through the Director
of Aviation or other designated representative, shall have the right to inspect the ramp area at all
reasonable times during the term of this Agreement and any extension thereof.
5.07. DUTY TO REPAIR. Except as provided herein and to the extent allowed by law,
any property of LESSOR or LESSEE, or for which LESSOR or LESSEE 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 the other party, its employees,
agents, servants, patrons or invitees, shall be properly repaired or replaced by the negligent party
to the extent cause by its negligence to the satisfaction of the other party (Director of Aviation of
LESSOR or LESSEE as appropriate), or in lieu of such repair or replacement, the negligent party
shall, if so required by the other party, pay the other party money in any amount deemed
sufficient by him to compensate for the loss sustained or expense incurred by reason of the loss
of, damage to, or destruction of such property. In the event any such loss, damage or destruction
is caused in part by either LESSOR or LESSEE or their officers, agents or employees, then this
duty to repair shall be prorated accordingly.
5.08. TRASH DISPOSAL. LESSEE shall at its sole expense provide a complete and
proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all
trash, garbage and other refuse resulting from its business operations authorized by this
Agreement.
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5.09. UTILITIES. LESSEE agrees to pay for all utility charges resulting from or
connected with LESSEE's use of the ramp area.
5.10. TAXES AND LICENSES. LESSEE shall pay all taxes of whatever character that
may be lawfully levied or charged upon LESSEE's use of the ramp area. LESSEE shall obtain
and pay for all licenses or permits necessary or required by law for the construction of any
additional improvements, the installation of equipment and furnishings, and any other licenses
necessary for the conduct of its business.
5.11. INDEMNIFICATION AND INSURANCE. The LESSOR, its officers,
agents and employees shall stand indemnified by the LESSEE as provided by this
Agreement. 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 therefore. In the exercise of the obligations and in the enjoyment
of the privileges granted by this Agreement, the LESSEE shall indemnify and save
harmless the LESSOR, its officers, agents and employees from any and all losses that
result from any fault or negligence on the part of the LESSEE, its agents, employees or
invitees, and shall indemnify the LESSOR, its officers, agents, and employees against
any and all claims, demands, suits, judgments and losses in connection therewith, except
for losses resulting from the LESSOR's negligence and willful misconduct.
The LESSEE shall maintain insurance at all times that this lease is in effect, at LESSEE's sole
expense and with an underwriter, with an A or Best Rating, authorized to do business in the State
of Texas and acceptable to the LESSOR, against claims of general liability, automobile liability
and worker's compensation resulting from LESSEE's business activities at the Airport.
Aviation, General Liability and Auto Liability Insurance - The amount of insurance
coverage shall not be less than TEN MILLION AND NO/100 DOLLARS ($10,000,000.00) for
Combined Single Limit General Liability Insurance; or less than ONE MILLION AND NO/100
($1,000,000.00) for Combined Single Limit Auto Liability Insurance.
Pollution Liability Insurance — The LESSEE shall maintain pollution liability coverage.
LESSEE will be allowed to be self -insured for pollution coverage as long as LESSEE maintains
the status of being a Fortune 500 Company.
Workers' Compensation and Employers Liability Insurance — The LESSEE shall elect to
obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code.
Further, LESSEE shall maintain said coverage throughout the term of the Agreement and shall
comply with all provisions of Title 5 of the Texas Labor Code to ensure that the LESSEE
maintains said coverage. LESSEE shall carry and maintain Employer Liability coverage in an
amount no less than ONE MILLION AND N0/100 ($1,000,000.00). Any termination of
workers' compensation insurance coverage or any cancellation or nonrenewal of workers'
compensation insurance coverage for the LESSEE shall be a material breach of this Agreement.
The above mentioned policies shall all include a waiver of subrogation. Certificates of
Insurance and endorsements shall be filed with the LESSOR's Director of Aviation prior to entry
upon the premises by the LESSEE. The Liability policies shall name the LESSOR as an
additional insured on a primary and non-contributory basis, require the insurer to notify the
Director of Aviation 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 of Aviation.
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The LESSEE will provide copies of the Certificates of Insurance and endorsements
without expense to the LESSOR and may make any reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where
policy provisions are established by law or regulation binding upon either of the parties hereto or
the underwriter of any of such policies). Upon such request by the LESSOR, LESSEE shall
exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the
cost thereof. Any costs will be paid by the LESSEE.
5.12. LESSEE SHALL VACATE. On or before the date of expiration of this
Agreement, LESSEE shall, as required by the Director of Aviation of LESSOR, vacate said ramp
area, remove all property of LESSEE, and restore the ramp area and any improvements, facilities
and equipment thereon to as good condition on such date of expiration as when received,
ordinary wear and tear excepted. If, however, this Agreement is terminated pursuant to Article
VI, LESSEE shall vacate the ramp area, remove said property (unless agreed otherwise
previously), and restore the ramp area, improvements, facilities and equipment thereon as
aforesaid within thirty (30) days following the date of such termination; provided, however, that
LESSEE's right to remove its property (packages not considered property) is subject to the
condition that LESSEE has paid in full all amounts due and owed to LESSOR under this
Agreement. If LESSEE shall fail or neglect to remove said property and so restore the ramp
area, improvements, facilities and equipment included thereon on or before said expiration or
within thirty (30) days of such termination, then at the option of the Director of Aviation of
LESSOR, said property shall either become the property of LESSOR without compensation
therefore or the Director of Aviation may cause such property to be removed. The ramp area,
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improvements, facilities and equipment included thereon to be restored at the expense of
LESSEE, and no claim for damages against LESSOR, or its officers, agents or employees shall
be created or made on account of such removal and restoration.
5.13. NON DISCRIMINATION. LESSEE, its agents and employees will not
discriminate against any person or class of persons by reason of race, color, sex, religion or
national origin in providing any services or in the use of any of its facilities provided for the
public; nor shall LESSEE discriminate against any person or class of persons on the basis of age
in a manner that violates any prohibition against such discrimination under the Age
Discrimination Act of 1975, 42. U.S.C. 6101 et. se . LESSEE further agrees to comply with
such enforcement procedures as the United States might demand that LESSOR take in order to
comply with the Sponsor's Assurances.
LESSEE agrees to not discriminate against any employees or applicants for employment
because of race, color, age, sex, religion or national origin. LESSEE also agrees to take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, age, sex, religion or national origin. Such action
shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment,
layoff, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
LESSEE will also conduct its activities and operate its facilities in accordance with the
requirements of Section 504 of the Rehabilitation Act of 1973, and will assure that no qualified
handicapped person shall, solely by reason of his or her handicap, be excluded from
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participation, be denied the benefits of, or otherwise be subjected to discrimination, including
discrimination in employment, under any program or activity of LESSEE.
5.14. WARRANTY OF NO SOLICITATION. LESSEE warrants that it has not
employed any person employed by LESSOR to solicit or secure this Agreement upon any
agreement for a commission, percentage, brokerage or contingent fee.
5.15. NO ASSIGNMENT. Except with prior written consent of the Director of
Aviation of LESSOR, LESSEE shall not assign any of its rights hereunder. No such assignment
made with the Director's consent shall affect LESSEE's obligations to make all required fee
payments hereunder upon default of an assignee.
5.16. WAIVER. The failure of LESSOR to insist in any one or more instance upon
performance of any of the terms or conditions of this Agreement shall not be construed as a
waiver or relinquishment of the future performance of any such terms or conditions, and
LESSEE's obligation with respect to such future performance shall continue to be in full force
and effect.
5.17. DUTY TO PREVENT UNAUTHORIZED ACCESS TO THE RAMP AREA.
LESSEE shall prohibit both unauthorized persons and vehicles from entering those Airport
premises which LESSEE has priority use of, and LESSEE agrees that in the event that a civil
penalty or fine is levied against the Airport or LESSOR, solely as a result of LESSEE's failure
to comply or act in accordance with this provision or any other applicable federal, state or local
statutes, ordinances, rules and regulations affecting the use, occupancy or operation of any of
said premises, LESSEE shall immediately reimburse the Airport or LESSOR the full amount of
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the penalty or fine and correct the act or omission leading to, causing or contributing to the
violation.
5.18. DEVELOPMENT OF AIRPORT. LESSEE agrees that LESSOR has the right to
further develop or improve the Airport as LESSOR deems necessary.
ARTICLE VI
TERMINATION
This Agreement is subject to termination for the reasons set forth below, provided that
thirty (30) days written notice is given to the non -terminating party.
6.01. LESSEE'S RIGHT TO TERMINATE. LESSEE may terminate this Agreement
upon the happening of any of the following:
A. The permanent abandonment by the LESSOR of the Airport as an air terminal.
B. The issuance by any court of competent jurisdiction of an injunction in any way
preventing or restraining the use of the ramp area for at least thirty (30) days.
C. The breach by LESSOR of any of the terms, covenants or conditions of this
Agreement to be kept, performed and observed by LESSOR, and the failure of LESSOR to
remedy such breach for a period of thirty (30) days after written notice from LESSEE of the
existence of such breach.
D. The assumption by the United States Government, or any authorized agency of
same, of the operation, control or use of the Airport and its facilities in such a manner as to
substantially restrict LESSEE from operating under the terms of this Agreement, if such
restriction is to continue or has continued for a period of three (3) months or more.
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E. Should the third party building landlord terminate the building lease with
LESSEE anytime between the 18'h month and 36 h month of the lease term (which coincides with
the commencement and ending date of this Agreement).
6.02. LESSOR'S RIGHT TO TERMINATE. LESSOR may terminate this Agreement
upon the happening of any of the following:
A. If LESSEE shall file a voluntary petition of bankruptcy; or, if proceedings in
bankruptcy shall be instituted against LESSEE and it is thereafter adjudicated as bankrupt
pursuant to such proceedings; or if a court shall take jurisdiction of LESSEE and its assets
pursuant to proceedings brought under the provisions of any federal reorganization act; or if a
receiver for LESSEE's assets is appointed under state or federal law; or if LESSEE shall be
divested of its rights, powers and privileges under this Agreement by other operation of law.
B. If LESSEE shall abandon and discontinue operations under this Agreement.
C. If LESSEE shall default in or fail to make any fee payments at the time and in the
amounts required under this Agreement.
D. If LESSEE shall fail to perform, keep and observe all of the covenants and
conditions contained in this Agreement to be performed, kept and observed by LESSEE.
E. If LESSEE shall fail to abide by all applicable laws, ordinances and rules and
regulations of the United States, State of Texas, City of Lubbock or Director of Aviation of
LESSOR.
F. If LESSOR, acting in good faith, finds termination of the rights, privileges and
interests of LESSEE acquired under this Agreement to be necessary to secure federal financial
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aid for the development of the Airport, or further development of aeronautical operations
thereon.
6.03. FIRE DAMAGE. In the event the ramp area for which LESSEE is herein granted
priority use is damaged by fire or other accidental cause during the term of this Agreement, or
during any subsequent extension, so as to become totally or partially unusable, LESSOR shall
have the option to restore the premises to their former condition. If LESSOR exercises its option
to restore the premises, LESSOR shall proceed with due diligence. If the damage is so extensive
as to prevent Lessee from using the ramp for the uses expressed in this Agreement, then
LESSEE's obligation to pay fees hereunder shall abate for the time and to the extent that the
ramp area has been rendered unusable. Should LESSOR not exercise its option to restore the
premises, this Agreement shall terminate, such termination to be effective on the date of damage
by fire or other accidental cause, and all fees due pursuant to this Agreement shall be
apportioned to that date.
ARTICLE VII
MISCELLANEOUS PROVISIONS
7.01. NOTICES. Notices to LESSOR provided for herein shall be sufficient if sent by
mail service , UPS, or certified mail, postage prepaid, addressed to the Director of Aviation,
5401 N. Martin Luther King Boulevard, Unit 389, Lubbock, Texas 79403, and notices to
LESSEE, if sent by mail service, UPS, or certified mail, postage prepaid, addressed to United
Parcel Service, Co. at 1400 N. Hurstborne Pkwy, Louisville, KY 40223, Attn: Airport Properties
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Manager or to such other address as the parties may designate to each other in writing from time
to time.
7.02. NON -ARBITRATION. The LESSOR and LESSEE reserve 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, neither party shall 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.
7.03. ENTIRE AGREEMENT. This lease constitutes the entire agreement between the
LESSOR and LESSEE, and any other written or parole agreement with is expressly waived.
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EXECUTED this (' day of 52013.
CITY OF LUBBOCK, TEXAS
BY:
GLEXt. ROBERTSON, MAYOR
ATTEST:
Be y Garza, City Secretary
ROVED AS TO CONTENT:
y
W. Loomis, A.A.E.
:ive Director of Aviation
AP PROVED AS TO FORM.:
Chad Weaver, Assistant City Attorney
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UNITED PARCEL SERVICE, CO.
BY:
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