HomeMy WebLinkAboutResolution - 132 - Supplemental Agreement - Hill Rent A Car Co - Additional Operations Space, LIA - 04_12_1979JCR:cl RESO #132 - 4/12/79
RESOLUTION
S^' z 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 Supplemental
Agreement between the City of Lubbock and Hill Rent A Car Company, attached
herewith 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 1Zth _day of April ,1979.
WE T, MAYOR
ATTEST:
',-Ekrelyn Gaf a, City S r a —Treasurer
APPROVED AS TO CONTENT:
Marvin Coffee, Dire of Aviation
APPROVED AS TO FORM:
ohn C. Ross, Jr., City A torney
RESO #132 - 4/12/79
STATE OF TEXAS 9
q SUPPLEMENTAL LEASE AGREEMENT
COUNTY OF LUBBOCK M
Supplement to Rent Car Lease Agreement dated January 1, 1977 between
Hill Rent A Car Company and the City of Lubbock.
W ITNE SSE TH
WHEREAS, Lessor owns and operates the Lubbock International Airport located
in Lubbock County, Texas (hereinafter called the Airport), and
WHEREAS, Lessor deems it advantageous to itself and to its operation at the
Airport to lease unto Lessee additional land described herein, and
WHEREAS, Lessee is a corporation primarily engaged in rental car activities,
and
WHEREAS, Lessee desires and has indicated a willingness to lease from
Lessor additional property in conjunction with its existing Rent Car Lease Agreement,
WHEREAS, Lessee agrees to make improvements to said property including but
not limited to paving and fencing according to plans and specifications to be approved by
Lessor;
NOW THEREFORE:
ARTICLE I
Lessor does hereby lease unto Lessee additonal ground area as hereinafter
specifically set out:
A. Description of Ground Area
An area 50 ft. x 100 ft. consisting of 5, 000 sq. ft. located immediately
east of the original ground area set forth in Exhibit B of the original lease and further
described on Exhibit D attached hereto.
B. Rental
The ground rental as defined above will be at the current ground rental
rate of $.049 per sq. ft. per year or $20. 42 per month and will be adjusted upward
or downward for each ensuing year beginning January 1, 1980 in direct proportion to
the fluctuation in the United States Department of Labor, Bureau of Labor Statistics
Cost of Living Index. For the purpose of computing all adjustments, the Cost of Living
Index as of January 1, 1979 shall be construed as the base period.
-1-
• h•
ARTICLE II
A. The term of this agreement will run concurrent with the Rent Car
Lease Agreement herein mentioned.
B. All terms and conditions contained in that certain lease agreement
executed on the 7th day of March, 1977 between the parties hereto shall apply to
this lease agreement as if fully set out herein.
ATTEST:
City Secretory " / lv (/ //
APPROVED AS TO FORM:
y Attorney
ATTEST:
A4��
Secretary
CITY OF LUBBOCK_,,-""
U
ayor
APPROVED AS TO CONTENT:
Di a for of Aviatio
LESSEE:
Hill Rent Car Company. Inc.
By
esident
-2-
� I
_ I ADDITIONAL GROUND LEASE AREA
THIS SUPPLEMENTAL AGREEMENT
M �
N' N,C.J
100'_.
• i
7H1 1 T
'T
`•F" T-I.
SECTION IDEN"
EXHIBIT D
100'
iff �
NATIONAL RENT CAR
HILL RENT A CAR COMP. 5�
ORIGINAL GROUND LEAS
! AREA E
5�
� 1 if �0_ _ 40_'_
'O1NTI EXTENDED gyp'
b
c 0
1 M
Ir!
If)
150� . 25.�,_ 75 75 -r 25,
Ifo
a
_ t
1
�
4
0
M
I
�
M
I
'F-z
THE STATE OF TEXAS 1
KNOW ALL MEN BY THESE PRESENT:
COUNTY OF LUBBOCK
LEASE AGREEMENT
THIS AGREEMENT entered into by the City of Lubbock, a Home
Rule Municipality of Lubbock County, Texas, acting through the Lubbock
HILL RENT A CAR CO., INC.
Regional Airport Board and :i�Main Street, Lubbock, Texas 79401 of
Lubbock County, Texas.
ARTICLE ONE
LEASE OF DESCRIBED PREMISES
The City of Lubbock, (referred to as the "CIITaY'"), upon the mutual
execution' of this agreement, does lease and demise to ',��y�, HILL RENT A CAR
CO. , I.
(referred to as -"LESSEE"), the following premises located at the Lubbock
Regional Airport, -(referred to as the. "AIRPORT"), in Lubbock County, .Texas;
A. TERMINAL.- A description of these locations are shown on the attached
and incorporated "Exhibit A".
B. GROUND - A description of these locations are shown on the attached
and incorporated "Exhibit B".
C. CLOSE -IN VEHICLE PARKING AREA
A description of these locations are shown on the attached
and incorporated "Exhibit C".
(A description of these locations is shown.on the.attached and incorporated
"Exhibit A, Exhibit B, and Exhibit C")
ARTICLE TWO
TERM
The term of this lease shall be for five (5) years, beginning January
1, 1977 and terminating December 31, 1981
ARTICLE THREE
USE OF PREMISES
The LESSEE is granted for the stated terms and conditions, a non-
exclusive privilege of conducting a transient automobile rental service from
the leased premises and for no other purpose. The number of passenger car
rental concessions at the AIRPORT shall be no more than four (4) for the
full term of this agreement.
ARTICLE FOUR
RENTALS, RECORDS, AUDIT AND PLACE OF PAYMENT
A. RENTAL
1. Terminal: . The --LESSEE shall pay to the CITY as rental the following:
Ten per cent (1016) of LESSEE'S annual gross revenue from its business
operation from the AIRPORT or $20, 000. 00, whichever is the greater amount.
The rental is payable month by month at the rate of ten per cent (1016) of the
preceeding month's gross revenue. The monthly rental payments being due on or
before the loth day. of each month accompanied by .a verified statement showing
the preceeding month's gross revenue broken down between (1) time and mileage
charges and (2) insurance policy or insurance waiver charges.
For determining the rental due the CITY, gross -revenue shall include the
following:
(1). All revenues received as to the time mileage charges for rental -of
automobiles, trucks or other vehicles;
(21. Reimbursements of or credits allowed to customers for gasoline and
oil purchased by customers;
(3). Charges for insurance policies sold the customer as well as any charges
made the customer for insurance deductible waiver features.
Payment received from customers covering the costs of damages to auto-
mobiles while rented or from emergency repairs made by the customers shall
not be included in gross revenue.
2. Ground lease . (Service Facility) The LESSEE shall pay to the CITY
ground lease for the purpose of constructing a service facility 20,000
square feet of exclusive lease area, at $.042 per sq. ft. per year.
The rental rate will be adjusted upward or downward for each ensuing year
beginning January 1, 1978, in direct proportion to the fluctuation in the U.S.
Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the
purpose of computing all adjustments, the Bureau of Labor Cost of Living Index
as of January 1, 1977, shall be construed as the base period.
(2)
3. Close -in vehicle parking area (ready car areal' : THREE AND 50/100
($3: 50) DOLLARS per space per month in advance for its allocated parking
spaces. Payment shall be received by the CITY, on or before the loth day
of each and every month during the term of this lease.
4. Counter area: The LESSEE shall be provided space for counter area
within.the baggage claim area as shown on Exhibit "A".
B. RECORDS.
The LESSEE, following accepted accounting practices and procedures,
will maintain true and accurate book, records and receipts which will show all
of the gross revenue of all business transacted upon and within the AIRPORT.
Within ninety days after the end of each calendar year during the term of
this lease, or any extension thereof, LESSEE shall submit to the CITY, a verified
statement of its gross revenue -for the preceeding year of operation: Such statement
shall be certified by an independent Certified Public Accountant and shall be.accom-
panied by LESSEE'S payment to the CITY for the previous year of business and-,
payment due for such year of operation. In the event LESSEE'S payment to the
CITY for the previous year of business operation exceeds the amount required
by this contract, the CITY shall reimburse' LESSEE with an amount equal to the
difference between the sum required and the sum paid.
If this lease is terminated on any date other than the end of a calendar
year, the statement and additional payment, if any, on the gross revenue required
by this Article shall be submitted within sixty (60) days after the date of such
termination.
C: AUDIT.
All books, records, and receipts of all business transacted upon and within
the AIRPORT will be kept or maintained at the AIRPORT or other place acceptable
to the Director of Aviation, and will be available for inspection and examination
during regular office hours by the Director of Aviation or authorized representatives
of the CITY. For the purposes of determining accuracy of the monthly and annual
statements of gross revenue required, the Director of Aviation may authorize the
making of a spot test audit and base the findings for the entire period upon such
audit, provided that the audit shall include at least twenty-five per cent (25%) of
(3)
the total time of the period audited.
In addition, the Director of Aviation shall have the right during any one
calendar year of this lease to authorize one audit of LESSEE'S records pertaining
to its operation on the AIRPORT. Such audits shall be undertaken by a reputable
firm of independent Certified Public Accountants satisfactory to the CITY. The
cost of such audit shall be borne one-half by LESSEE and one-half by the CITY, unlei
results of the audit reveal a discrepancy of more than five per cent (5010) between
gross revenue reported in accordance with Section B and the gross revenue as
determined by audit for any twelve-month period. In case of a discrepancy of more
than five per cent (50/6), the full cost of the audit shall be borne by the LESSEE.
D. PAYMENT.
All payments that become due and payable by the LESSEE shall be made to
the CITY OF LUBBOCK at the Office of the Director of Aviation, Lubbock Regional
Airport, Lubbock, Texas, or as specified by the City Secretary -Treasurer.
E. Any action taken by the LESSEE to induce its patrons or patrons of other car
rental concessionaires at the AIRPORT to rent or receive vehicles in such a manner
and at such places so as to diminish the gross revenue of car rental concessions
under this agreement shall constitute a material breach hereof and a cause for the
termination of this agreement by the CITY.
ARTICLE FIVE
OBLIGATIONS OF THE CITY
A. CLEAR TITLE.
The CITY covenants and agrees that at and until the granting and delivery
of this lease it is well seized of the leased premises and has good title, free and
clear of all liens and encumbrances having priority over this lease; and that the
CITY has full right and authority to lease the premises described in the contract.
B. A'lAINTEA•ANCE OF AIRPORT.
The CITY covenants and agrees that it will during the period of this contract
operate and maintain the AIRPORT as a public facility consistent with and pursuant
to the Sponsor's Assurances given by the CITY OF LUBBOCK to the United States
Government under the Federal Airport Act.
(4)
C. CONDITIONS AND MAINTENANCE OF PREMISES.
The CITY shall assume no responsibility as to the condition of the
leased premises and shall not assume responsibility*formaintenance, upkeep or
repair necessary to keep the premises in a safe and serviceable condition.
The CITY shall maintain roads, which may be relocated, on the AIRPORT
access to the leased premises in a good and adequate condition for use by cars
and trucks and shall maintain free and uninterrupted access to the leased premises
over the roads at all times.
ARTICLE SIX
OBLIGATIONS OF LESSEE
A;-. NtT LEASE.
This lease shall -be without cost to the CITY for the development, maintenance
and improvement of the leased premises. It shall be the sole responsibility of
the LESSEE to keep, maintain, repair and operate the entirety of the demised;-
premises and all improvements and facilities placed on the leased premises at
LESSEE'S sole cost and expense.
B. PRIVILEGES AND CONDITIONS.
The CITY grants to the LESSEE the following general privileges, uses and —
rights, all of which are subject to the terms, conditions and covenants herein set
forth and all of which shall be non-exclusive on the AIRPORT:
1. The general unrestricted use of all common terminal facilities and
improvements which are now or may hereafter be connected with or appurtenant
to the terminal building in such manner as may be necessary or convenient to the
conduct of LESSEE'S business.
2. The right of ingress to and egress from the leased premises over and
and across common or public roadways serving the AIRPORT for LESSEE, its
agents and employees, patrons and invitees, suppliers of service and furnishers
of materials. The rights granted being subject to such ordinances, rules and
regulations, existing or later promulgated.
3. The LESSEE is here granted the privilege of constructing improve-
ments within the AIRPORT upon the leased premises as follows:
a. Terminal: Concession Counter;
b. Grounds: Vehicle service building and or canopy and vehicle storage
area. _.
The LESSEE shall have the right to and shall provide for the location,
construction, alteration, extension, erection of new or existing improvements,
maintenance and removal of of improvements, in any lawful manner, upon the
leased premises, for the purpose of conducting a transient automobile rental service
provided, that all plans and specifications for the construction, alteration, _ extension
or erection of facilities and improvements, including landscaping, shall be in com-
pliance with applicable ordinances of the CITY OF LUBBOCK and shall require the
written approval of the Director of Aviation before any construction or installation
may be undertaken.
C.. MAINTENANCE.-_
1 The LESSEE -shall; at its own expense, provide janitorial and custodial
services in all .its leased premises... Said .services may. be provided by LESSEE alon
or by LESSEE in conjunction with other tenants who are now or who may hereafter
be LESSEE at the AIRPORT.
2. The LESSEE accepts the leased premises in their present condition
and shall, at its sole cost and expense, maintain the leased premises, buildings,
improvements and appurtenances, in a presentable condition consistent with good
business practice and equal appearance and character to similar improvements
in the terminal building and parking and service area. The,LESSEE shall repair
all damage to the leased premises or CITY owned property caused by its employees,
patrons or its operations upon the AIRPORT. The CITY shall be the sole judge of
the quality of maintenance and upon written notice from the Director of Aviation,
the LESSEE shall be required to perform such maintenance as the CITY deems
necessary. Failure by LESSEE to. comply within thirty (30) days following receipt
of the written notice from the Director of Aviation shall give the CITY the right to
enter upon the leased premises and perform the necessary maintenance, the cost
of which shall be borne by the LESSEE.
D. PROPERTY PERMANENTLY AFFIXED TO PREMISES.
' Any property belonging to LESSEE which becomes permanently attached
(6)
to the premises, shall become the property of the CITY upon termination of this
contract whether upon expiration of the primary term or earlier under any pro-
vision of this lease agreement, except the following named improvements shall
be treated in this manner:
1. Paving, fencing, fuel storage tanks and fuel lines shall be amortized
over a period of eight (8) years. In the event that the LESSEE herein is not the
successful bidder at the end of this term, the new operator, if one is accepted,
shall purchase the above named improvements from the LESSEE paying the value
of the remaining unamortized portion; otherwise, such improvements shall become
the property of the CITY.
2. Service buildings constructed by LESSEE remains the property of LESSEE.
In the event. LESSEE is not a successful bidder to continue operations at the end of this
term the new LESSEE and this LESSEE should negotiate for the purchase of the service
building. If the two parties are unable to reach an agreement on the purchase price
each party shall have an appraiser designated and a third party appraise for the fair
market value. The average of the three appraisals shall be binding as the agreed
price of the property. If for some reason the LESSEE terminate its operations, the
CITY has the first right of refusal to purchase at the fair market value.
3. Counters in the terminal building are considered the property of the CITY
and will not be removed.
E.' REMOVAL OF LESSEE'S PROPERTY
The LESSEE shall have the right, within fifteen (15) days after the termination
of this contract, whether such termination comes upon expiration of the primary
term or otherwise under any provision of this contract, to remove from the premises
all of its furnitures, fixtures, equipment and furnishings which have not become
the property of the CITY and it shall have the duty to restore the premises to their
original condition, normal wear and tear alone excepted, provided the CITY shall
have a lien on all of LESSEE'S property to secure any unpaid rental or other charge
due to CITY, and the right of removing LESSEE'S property is made upon the con-
dition that all amounts due and owing to the CITY have been paid in full by the LESSEE.
Property left on the premises after thirty (30) days from the date of termination
of the contract, no renewal agreement having been executed. shall be deemed
(7)
abandoned and will become the property of the CITY and may be disposed of as the
CITY sees fit, without liability to account to the LESSEE for the proceeds of and
sale; and provided that the CITY, at its option, may charge rent from termination
of the contract through the day of final removal of the property or of notification
to the LESSEE of the abandonment of the property and taking of the CITY, as the
case may be, which rent shall not be less than the fixed rent or minimum guarantee
required to be paid by the LESSEE to the CITY.
F. .PARKING.
The Director of Aviation shall, from time to time, allocate among the various
contract Rent Car Operators the parking spaces in the Ready Car Area of the
AIRPORT in proportion to the number of vehicles regularly available for rental by
the Operators and their business operations reflected by gross revenue. The LESSEE
agrees to accept the parkin spaces allocated to it and confine its automobile parking
to that area. No additional parking area has been provided (except in exclusive leased
service area) for the parking of LESSEE'S vehicles and LESSEE is prohibited from
parking its vehicles on any of the curbs, or entrance roads of the terminal area.
G. SUBORDINATION OF LIEN.
Any person or firm holding a lien against any property to be used or installed
by the LESSEE upon the leased premises shall execute a subordination agreement
with the CITY, subordinating the lien against any item to the CITY'S lien to secure
payment of all amounts due theCITY under this contract. The LESSEE shall file a
copy of each subordination agreement with the Director of Aviation.
H. STANDARD OF SERVICE.
The LESSEE shall conduct a first class transient automobile rental service,
providing adequate service at all times to meet the demands for such service on the
AIRPORT. The LESSEE agrees to conduct its business in a proper and courteous
manner and to furnish prompt and efficient service, making available to the public
clean, all late -model low mileage automobiles in good mechanical condition.
The LESSEE agrees to charge fair, reasonable and non-discriminatory
rates and charges for the rental of vehicles, however, the LESSEE may make
reasonable and non-discriminatory discounts, rebates or other similar types of
price reduction to volume customers. As a means of determining the adequacy of
(8)•
service and reasonableness of rates and charges, it is agreed that the business
operations and practices and rates and charges of automobile rental agencies on
other airports in the Southwestern section of the United States of comparable size
(having a comparable number of passenger boardings annually) will be employed
as a standard.
I. BUSINESS SOLICITATIONS.
All of LESSEE'S business operations and solicitations will be confined to
the leased premises. LESSEE agrees to have employees of its own in attendance
at the counter during all hours of scheduled airline operations.
J. ADVERTISING.
The LESSEE will erect no signs and will distribute no advertising matter
on the AIRPORT without the prior written consent of the Director of Aviation.
NO RATES will be advertised or displayed on any AIRPORT premises including
exclusive lease space.
K. UTILITIES.
The LESSEE shall assume and pay for all costs or charges for metered
utility services furnished LESSEE during the term hereof; provided that LESSEE
shall have the right to connect to any storm and sanitary sewers and water and
utility outlets, the cost of extension, installation and meters, where required,
to be borne by the LESSEE.
L. PAYMENT OF TAXES, FEES.
The LESSEE shall pay all federal, state and local governments taxes
license fees and occupation taxes levied on the business conducted on the leased
premises, or on any of LESSEE'S property used in connection therewith. The
LESSEE shall render for taxation purposes all automobiles and other property
used in connection with the business on the AIRPORT, and that all such property
shall have its situs and domicile in Lubbock, Lubbock County, Texas. Delinquency
in payment of such obligations, at the option of the CITY shall be cause for termination
of this lease.
M. REGULATIONS.
The LESSEE'S officers, agents, employees and servants will obey all rules
and regulations which may be promulgated by the CITY or its authorized agents in
(9)
3
charge of the AIRPORT, or by other lawful authority, to insure the safe and orderly
conduct of operations and traffic on the AIRPORT.
N. PROHIBITION OF SUBLEASES AND ASSIGNMENTS.
The LESSEE will not, directly or indirectly assign, sublet, sell, hypothecate
or otherwise transfer this lease or any portion to the leased premises, without the
prior written consent of the CITY.
O. REMOVAL OF TRASH.
LESSEE shall provide and use covered metal receptacles of a type designated
by the Director of Aviation for all garbage, trash and other refuse. Piling of boxes,
cartons, barrels or other similar items, in an unsightly or unsafe manner, on or
about the demised premises, is prohibited. As long as normal municipal services
provide for the collection and disposal of waste, or of certain types of waste in the
same general area of the AIRPORT, LESSEE may be served by these facilities pro-
vided it abide by the regulations and ordinances applicable thereto. In the event
such service is not available or is discontinued, 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 caused as a result of the
operation of business at its sole expense.
P. INDEMNIFICATION AND INSURANCE.
1. The CITY shall stand indemnified by the LESSEE as provided by this
contract. The LESSEE shall be deemed to be an independent contractor and operator
responsible to all parties for its respective acts or -omissions and that the CITY
shall in no way be responsible thereof. In the use of the AIRPORT generally or
the leased premises specifically in the exercise or enjoyment of the privileges
granted by this contract, the LESSEE shall indemnify and save harmless the CITY
from any and all losses that may proximately result to the CITY because of any
negligence on the part of the LESSEE, its agents or employees or invitees and shall
indemnify the CITY against any and all claims, demands, suits, judgements and
losses whatsoever.
2. The LESSEE shall maintain at all times, at its sole expense, insurance
with an insurance underwriter acceptable to the CITY and from one authorized
to do business in the State of Texas, against claims of public liability and property
(10)
damage resulting from LESSEE'S business activities at the AIRPORT. The amount
of insurance coverage shall be not less than FIFTY THOUSAND ($50, 000.00) DOLLAR;
for property damage as a result of any one event; or less than ONE HUNDRED
THOUSAND ($100, 000.00) DOLLARS for personal injury or death of any one person
in any one event; or less than THREE HUNDRED THOUSAND ($300, 000.00) DOLLARS
for personal injury or death of two or more persons in any one event. Certificates
of insurance or other satisfactory evidence shall be filed with the Director of
Aviation prior to entry upon the premises by the LESSEE. Each policy shall name
the CITY as an additional insured as its interest may appear. Each policy shall
also provide "It is agreed that insurer shall notify the Director of Aviation of the
City of Lubbock, Texas, of any alteration, renewal, or cancellation of this policy
and that this policy shall remain in full force and effect until ten (10) days after such
notice is received by the Director of Aviation."
The LESSEE shall provide workmen's compensation insurance to meet
statutory requirements, if qualified. The workmen's compensation policy shall
provide employer's liability insurance in the amount of ONE HUNDRED THOUSAND
($100, 000.00) DOLLARS.
Q. WAGES.
1. The LESSEE shall pay, or require the payment of, the prevailing rate
of wages for each craft or workman employed by it, or by persons or firms engaged
by it, for any alteration of premises or installation, maintenance or repair of vehicles,
fixtures, equipment and furnishings, used in its operations, as required by ordinances
enacted pursuant to Article 5159a, V.A. C. S. , as amended or as may be amended.
The ordinances and statute and amendments thereto, are incorporated herein by
references for all purposes.
R. CONDUCT AND APPEARANCE OF EMPLOYEES.
Any employee in LESSEE'S operations that may be deemed to be discourteous
or objectionable on reasonable grounds shall be removed from employment on the
premises on demand by CITY. CITY likewise reserves the right to eject any objec-
tionable person or persons, including LESSEE'S employees, from said premises,
and upon the exercise of this authority through CITY'S agents or employees, LESSEE
hereby waives any right and all claims for damage against CITY or any of its agents,
officials or employees.
S. LIENS PROHIBITED.
The LESSEE shall not bind, or attempt to bind, CITY for payment of any
money in connection with construction, repairing, alterations, additions or recon-
struction work on the premises aid that it shall not permit any mechanic's, material-
man's or contractor's liens to arise against the premises or improvements thereon
or any equipment, machinery and fixtures therein belonging to the CITY, and LESSEE
expressly agrees that it will keep and save the premises and the CITY harmless from
all costs and damages resulting from any liens or lien of any character created or
that may be asserted through any act or thing done by the LESSEE.
In the event any mechanic's or other liens or orders for payment shall be
filed against the premises or improvements thereon, or the CITY -owned property
located therein, during the term hereof, LESSEE shall within ten (10) days cause the
same to be cancelled and discharged of record, by bond or otherwise at the election
and expense of LESSEE, and shall also defend on behalf of the CITY, at LESSEE'S
sole cost and expense, any action, suit 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 or
paragraph shall be cause for immediate termination of this contract by the CITY.
T. NON - DISCRIMINATION PRACTICES.
LESSEE, its agents and employees will not discriminate against any person
or class of persons by reason of age, race, color, creed 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 Part 15 of the Federal Aviation Regulations. The
LESSEE further agrees to comply with such enforcement procedures as the United
States might demand that the CITY take in order to comply with the Sponsor's
Assurances.
LESSEE agrees to not discriminate against any employee or applicant for
employment because of age, race, creed, color, or national origin. The LESSEE
agrees to take affirmative action to insure that applicants are employed, and that
employees are tested during employment without regard to their age, race, creed,
color, or national origin. Such action shall include, but not be limited to employment,
(12)
upgrading, demotion, or transfer, recruitment, layoff, rates of pay or other forms
of cgmpensation, and selection for training, including apprenticeship.
ARTICLE SEVEN
TERMINATION, CANCELLATION
A. TERMINATION.
This lease shall terminate at the end of the full term hereof and LESSEE
shall have no further right or interest in any of the lands or improvements hereby
demised, except as provided in Article Six.
B. CANCELLATION BY LESSEE.
This lease shall be subject to cancellation by LESSEE after the happening
of one or more of the following events:
1. The permanent abandonment of the AIRPORT as an air terminal.
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 as substantially to restrict LESSEE for a
period of at least ninety (90) days from operating thereon.
3. Issuance by any court of competent jurisdiction of an injunction in any
way preventing or restraining the use and operation of the AIRPORT, and the remainin€
in force of such injunction for a period of at least ninety (90) days.
4. The default by the CITY in the performance of any covenant or agreement
herein required to be performed by the CITY and the failure of the CITY to remedy
such default for a period of sixty (60) days after receipt from LESSEE of written
notice to remedy the same.
LESSEE may exercise such right of termination by thirty (30) days written
notice to the CITY at any time after the lapse of the applicable periods of time and
this lease shall terminate as of that date. Rental due hereunder shall be payable
only to the effective date of said termination.
C. CITY'S OPTION TO CANCEL.
The CITY may cancel this lease giving LESSEE thirty (30) days written
notice, upon or after the happening of any one of the following events:
1. The filing of a voluntary petition in bankruptcy by LESSEE.
2. The institution of proceedings in bankruptcy against LESSEE, unless
-such proceedings are vacated within sixty (60) days after initiation thereof.
3. The taking by the court of jurisdiction of LESSEE and its assets pursuant
to proceedings brought under the provisions of any reorganization act, unless such
proceedings are vacated within sixty (60) days after initiation thereof.
4. The appointment of a receiver of LESSEE'S assets, unless such proceedings
are vacated within sixty (60) days after initiation thereof.
5. Any assignment of LESSEE'S assets for the benefit of creditors.
6. The taking of LESSEE'S leasehold interest by execution or other process
of law.
7. The divestiture of LESSEE'S estate herein by other operation of law.
8. The default by LESSEE in the performance of any covenant or agreement
herein contained and the failure of LESSEE to remedy such default within thirty (30)
days after receipt from the CITY of written notice to remedy same.
No waiver of default by the CITY of any of the obligations to be performed
by LESSEE shall be construed to be or act as a waiver of any subsequent default.
Acceptance of rental by the CITY -for any period or periods after default by LESSEE
of any of LESSEE'S obligations hereunder shall not be deemed a waiver by the CITY
of its right to cancel this lease for such default.
ARTICLE EIGHT
GENERAL
A. TIME OF EMERGENCY.
During time of war or national emergency, the CITY shall have the right
to lease the landing area or any part thereof to the United States for government
use, and, if any such lease is executed, the provisions of this instrument, insofar
as they are inconsistent with the provisions of the lease to the Government, shall
be suspended.
B. 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 relative 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. Should the effect of such agreement with the United States be
to take any of the property under lease or substantially destroy the commercial
-value of such improvements, the CITY shall not be held liable therefor.
C. REPLACEMENT AFTER DAMAGE.
It is agreed between the parties hereto that, in the event said building
is damaged by fire or other accidental cause during the term hereof so as to
become totally or partially untenable, the CITY shall have the option to restore
the premises to their former condition. The CITY shall give LESSEE notice in
writing of the exercise of the option within thirty (30) days of occurance of such
damage, if the CITY elects to exercise the option. If the option is exercised, the
CITY shall proceed with due diligence to restore the premises; there shall be an
abatement of the rent until repairs have been made for the time and to the extent for
which premises, or part thereof, have been untenable. Should the. CITY not exercise
the option, the lease of such portion of the leased premises shall cease and terminate
effective with the date of damage by fire or other accidental cause.
D. CONFLICT -OF INTEREST. -
The LESSEE acknowledges that it is informed that Texas law prohibits
contracts between the CITY and its "officers" and "employees, " and that the
prohibition extends to an officer and employee of CITY agencies such. as CITY -
owned utilities and certain CITY boards and commissions, and to contracts with
any partnership, corporation or other organization in which the officer or employee
has an interest. LESSEE certifies (and this contract is made in reliance thereon)
that neither it nor any person having an interest in this contract is an officer or
employee of CITY or any of its agencies.
E. LANDLORD'S LIEN.
LESSEE hereby gives to the CITY a lien upon all of its property, now or
at any time hereafter placed in or upon the said premises, to secure the prompt
payment of the charges herein stipulated to be paid for the use of said premises,
all exemptions of such property, or any of it, being hereby waived.
F. RIGHT OF INSPECTION.
The CITY reserves the right to conduct inspections, at reasonable times
of the leased premises to `insure that fire, safety, and sanitiation regulations and
other provisions contained in this lease are being adhered to by the LESSEE.
G. TERMINATION OF LEASE, SURRENDER OF LEASED PREMISES AND
OWNERSHIP OF IMPROVEMENTS
A � C
The LESSEE covenants and agrees that at the expiration of the lease term
or at the earlier termination as provided in this lease agreement, it will quit and
surrender the leased premises and the improvements in good state and condition,
reasonable wear and tear, acts of God and other casualties excepted, and the CITY
shall have the right to take possession of the leased premises and the improvements
with or without process of law.
H. HEADINGS.
The paragraph headings contained herein are for convenience in reference
and are not intended to define, extend or limit the scope of any provisions, of this
agreement.
I. NOTICES.
Notices to the CITY required or appropriate under this contract shall be
deemed sufficient if in writing and mailed, registered or certified mail, postage
prepaid, addressed to the Director of Aviation, Lubbock Regional Airport, Route 3,
.Box 389, Lubbock, Texas 79401. Notices to the LESSEE shall be deemed sufficient
if in writing and mailed, registered or certified mail, postage prepaid, addressed
to the LESSEE at the address on file with the Director of Aviation.
J. ENTIRE AGREEMENT.
This contract consititutes the entire agreement, and any other written or
parole agreement with CITY being expressly waived by LESSEE.
EXECUTED this day of '7,-1f� �,�% , 19-�;,-7.
2:0, * W6.1.81 I
THE CITY OF LUBBOCK
BY: /%�lr�r(�-/ Q o
rC Die tor of Aviation
LES!P
�
BY:
Title j��,�s , �.� Date 3-4- 7 7
No Text
• tJ N .—_
IDI j 5'
40'
EXTENDED 1 1p o+
NI
i
• �t O
M
75' -� _ 2 5' t J
M
i
I - I Lo
� I
r ---- - I 5 , F _ 17 t 50'
I I
Oi_ 1%v%4; S1 5 7i:lr,
F_ 1'1 'c.-It-' '
' 108,
' 9i.4
." G (?OV IV O
--- - SeRvi�c F,gra/c.rr
PLi\r4 J 5 4. IE
�� --- -la (� i� Y 1 ,� I tea; •/� Q -1
Nei
lgioJIV,V!, j�7J��•7i.�d+93c,'c.3 ;:i;�`:.,ai;�s.• �C.
` 1•. ` �C� pf_Ef., SEr •.t` �LNN F_j 7H I:.— —cMD— +'
1 �!f"'-i ¢sue •. - - �;'� - �"- - � �
- - � r.;;• I ;�. .. 1 . � ,,ram �• ,`
y' ;
I i /-,//!�'�>�.��I�� r:�r-� � ������.�� e� � •r•-�°-'��,� tit --- -
--__--=--------- ---
Tr IZ F?NlNTIN ;*3
34- .SPACES _ AT _9' = 306'_
PUt:a_ LGN ►I PVC= I'
�•Z. �.• _AN `G>iH. Ic_1 I
IZ 'Di
.76
1' -A 0.9c
N b
.
�I
It . 2 3'
•I 17_5.
0.
�
UIRK.
{�24'
--- -� —
100---�jjj
I
272•
232'
X ._
_. 2 4'
IF T :ry
- so
R:
2-5'1'._
C.CosE-,,V VsAlfelE P.vrtk"a ,gge,9