HomeMy WebLinkAboutResolution - 3299 - Contract - Roy Middleton - Real Estate Services - 02_08_1990HW:da
RESOLUTION
Resolution # 3299
February 8, 1990
Item #5
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 Contract for
Professional Services with Roy Middleton Real Estate, 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
ATTEST:
e Boyd, City Secre
APPROVED AS TO CONTENT:
Bern E. Case, Director of
Aviation
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
8th day of February , 1990.
B. C. McMINN, MAYOR
Resolution # 3299
HW:da
CONTRACT FOR PROFESSIONAL SERVICES
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS CONTRACT, made and entered into by and between the City
of Lubbock, Texas, hereinafter referred to as "City," and Roy
Middleton Real Estate, hereinafter referred to as "Realtor".
WITNESSETH:
WHEREAS, the City desires to lease certain property located at
Lubbock International Airport for commercial development; and
WHEREAS, on November 17, 1988, the City executed a contract
for professional services with Realtor principally for that pur-
pose; and
WHEREAS, the City Council of the City of Lubbock believes that
it is in the best interest of the citizens of the City of Lubbock
to renew said contract, as amended herein; NOW THEREFORE:
City and Realtor hereby mutually agree as follows:
I. SCOPE OF SERVICES.
Realtor hereby agrees and binds itself to provide the follow-
ing services to the City:
1) Timely distribute available literature and other infor-
mation which promotes Lubbock International Airport to real estate
firms and prospective lessees of Airport property.
l"
2) Serve as leasing agent for the City during the term of
this contract for real property at Lubbock International Airport
designated by the City as Industrial Land.
3) Be available, on call, to assist the City in the analysis
of any potential lessee proposal, regardless of the origin of the
proposal.
II. COMPENSATION.
In consideration for the above services, City herein agrees to
pay Realtor the sum of FOUR THOUSAND ONE HUNDRED SIXTY-SIX AND
N0/100 ($4,166.00) DOLLARS per month for the term of this agree-
ment.
III. TERM OF AGREEMENT.
The term of this agreement shall be from February 15, 1990,
through August 15, 1990.
IV. ADDITIONAL DUTIES OF REALTOR.
1) Realtor shall maintain a current real estate license and
professional liability insurance in an amount not less than FIVE
HUNDRED THOUSAND AND N0/100 ($500,000.00) DOLLARS.
2) Realtor shall provide a detailed, written monthly pro-
gress report to the City during the term of this agreement, and
shall appear before the Lubbock International Airport Board at each
monthly meeting to present the progress reports.
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3) Realtor must notify the Director of Aviation of City as
soon as a contract is discussed formally or informally with a
client.
4) Realtor must maintain confidentiality on prospective
lessees unless otherwise authorized by the Director of Aviation of
City.
V. INDEPENDENT CONTRACTOR.
Nothing contained herein shall be construed as creating the
relationship of employer and employee between the City and Realtor,
and Realtor shall be deemed at all times to be an independent
contractor.
VI. HOLD HARMLESS.
Realtor hereby agrees to hold City harmless from any and all
claims of any nature whatsoever arising out of Realtor's activities
performed in connection with this agreement.
VII. TERMINATION.
This contract may be terminated by either party upon the giv-
ing of thirty (30) days written notice of said party's intention to
terminate this contract. Notice to the City shall be sufficient if
mailed to the Director of Aviation for Lubbock International Air-
port, Route 3, P.O. Box 369, Lubbock, Texas 79401. Notice to the
Realtor shall be sufficient if mailed to Roy Middleton at Roy
Middleton Real Estate, 3403 73rd Street, Lubbock, Texas 79423.
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VIII. OTHER COMMISSIONS AND EXPENSES.
City and Realtor hereby agree that Realtor may accept payments
or commissions for services performed in accordance with this con-
tract from persons or entities other than the City, but City will
offset or deduct equivalent sums from the compensation due Realtor
from City under this contract. Realtor herein agrees to notify the
Director of Aviation of City when such payments or commissions from
sources other than the City are received, and reimburse City for
any compensation overpaid by City.
EXECUTED this 8th day of February , 1990.
ROY MIDDLETON REAL ESTATE: CITY OF LUBBOCK:
ROY DDLETON . C . McMIMN MAYOR -
ATTEST:
Secretary
ATTEST:
Ran tte Boyd, city# S4cretary
APPROVED AS TO CONTENT:
kv',� T
Bern E. Case, Director of
Aviation
APPROVED AS TO FORM:
arold Willard, Assis ant
City Attorney
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