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HomeMy WebLinkAboutResolution - 3303 - Lease Agreement - US Customs Service - Office Space, ETB, LIA - 02_08_1990 (2)Resolution # 3303 February 8, 1990 Item #21 HW:dw 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 with the United States of America, U.S. Customs Service, for 648 square feet of office space in the Executive Terminal Building at Lubbock International Airport, 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 8th day of February , 1990. C� . cX4 . B. C. Mcr4IfqN,. MAYOR ATTf r . Rane to Boyd, City Sec to y AAS TO CONTENT: 7 Bern E. Case, Director of Aviation APPROVED AS TO FORM: Harold Willard, Assistant tity Attorney 23` 5 STANDARD FORM 2 FEBRUARY 1965 EDITION U.S. GOVERNMENT GENERAL SERVICES ADMINISTRATION LEASE FOR REAL PROPERTY FPR (41 CFR) 1-16.601 - DATE OF LEASE I LEASE NO. 6_55-90-19369 THIS LEASE, made and entered into this date by and between The City of Lubbock, Texas, Lessor Rep.: Elma Martinez Telephone . (806)762-6.411 whose address is Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 rind whose interest in the property hereinafter described is that of hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: Governtment Rep.: Roger Fischer (317)298-1240 WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: 648 square feet of office space in the south end of the Executive Terminal Building at the Lubbock International Airport to be used for the U.S. Customs Service, Port Director 1. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 121989 through September 3Ot 1990_.__._._.., subject to termination and renewal rights as may be hereinafter set forth. Subject to availability of Fiscal Year 1990 funds. 3. The Government shalt pay the Lessor annual rent of$.I,.QQxxxx-xxxxxxxxxxxxxxxxxxxxxxxxxxxxx at the rate of per ..s3A IAM...................................................... in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: City of Lubbock, Lubbock International Airport,Rbute.3, Box 389, Lubbock, Texas 79401 4. Noge 4t�4M#IRuay terminate this lease at any time by giving at least ....60 .. ............. days' notice in writing to theand no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. 5. This lease may be renewed at the option of the Government, for the following terms and at the following -rentals: Lease can be renewed annually through September 30, 1993. Rental rates and services are negotiable. provided notice be given in writing to the Lessor at least .....30 ............ days before the end of the original lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing. 2-106 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: A. Heating, air—conditioning, and utility services are included. Also includes replacement lamps, tubes, and ballasts for light fixtures and toilet supplies. B. The Lessor will submit a yearly invoices listing these transaction codes: APC 633669;ACT 00032938; OBCL 23.21 to the following address: U.S. Customs Service Port Director Route 3, Box 28 Lubbock, Texas 79401 C. Rent payment shall be processed by the Government on the first day of the month following the completion of services. 7. The following are attached and made, a part hereof: The General Provisions and Instructions (Standard Form 2-A. ..................... edition). A. Enclosed General Provisions 1-12. B. The Government shall be liable for negligent acts of any officer, employee, or agent of the Governemnt in the use of the leased premises to the extent that liability is covered by the Federal Tort Claims Act, as amended. S. The following changes were made in this lease prior to its execution: IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR. APPROVED AS TO CONTENT: APPROVED AS TO FORM: - - a a IBy .- --- - B . C . McMIW5, "R n (s,aRa,r,r.r IN PRESENCE OF: =----------y---------------- .-__.._----_.__._---___-_.-__._--_-___ .-__-_.--___-'_._-_--. (SigrraurrrJ (Addrrrr) UNITED STATES OF AMERICA -- - - - - - Robert A. Webster, Director National Logistics Center BY------------------------- --- ---------------- ----- -------- ---- fSr arahnr) ! STANDARD FJRM 2 - _ - A-savirnm.nt Printing Office; 16.66-461-273/20101 FEBRUARY 1965 EDITION - GENERAL PROVISIONS 1.w MAINTENANCE OF PREMISES The -Lessor shall maintain the premises and prvpert�y-furnished' under"" this _lease in good repair and tenantable condition during the.; continuance of this lease, except in case of damage arising from „the act or the negligence of the Government's agents or employees. For the purpose of so maintaining said premises and property, the Lessor may, at reasonable times approved by the Government, enter and inspect the same and make any necessary repairs thereto. 2. DAMAGE BY FIRE OR OTHER CASUALTY If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as to render the premises untenantable, as determined by the Government, the Government may terminate the lease by giving written notice to, the Lessor within fifteen (15) days thereafter; if so terminated no rent shall accrue to the Lessor after such partial destruction or damage; and if not so terminated the rent shall be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. 3. ALTERATIONS The Government may make alterations, attach fixtures or signs and erect structures in or upon the leased premises, all of which shall be the property of the Government. 4. CONDITION REPORT A joint physical survey and inspection report of the demised premises shall be made as of the effective date of this lease, reflecting the then present condition, and will be signed on behalf of the parties hereto. 5. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this lease contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease contract if made with a corporation for its. general benefit. 6. APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the leased space is situated and, at his own expense, to obtain all necessary permits and related items. 2 7. LESSOR`S SUCCESSORS , rie:Ltezms'-and oxisi4as- of this lease and, the :conditions Ilereirt.:shel]r • bind the -Lessor; and- the Lessor's heirs, executors. administrators; successors, and assigns. 8. COVENANT AGAINST CONTINGENT FEES The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its .discretion to deduct from the rental price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. (Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or agencies within the exception contained in this clause.) 9. FACILITIES NONDISCRIMINATION (a) As used in this section, the term "facility" means stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in the building in which the space covered by this lease is located. (b) The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, creed, color, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility, including any and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the Lessor solely to tenants, their employees, customers, patients, clients, guests and invitees. (c) It is agreed that the Lessor's noncompliance with the provisions of this section shall constitute a material breach of this lease. In the event of such noncompliance, the Government may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Government in acquiring substitute space, including but not limited to the cost of moving to such space. Substitute space shall be obtained in as close proximity to the Lessor's building as is feasible and moving costs will be limited to the actual expenses thereof as incurred. 3 — (d) It is fu—rther agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to operate, include or require the .inclusion of the foregoing provisions of this section in every such agreement or concession pursuant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein contained, however, shall be deemed to require the Lessor to include or require the inclusion of the foregoing provisions of this section in any existing agreement or concession arrangement or one in which the contracting party, other than the Lessor has the unilateral right to renew or extend the agreement or arrangement, until the expiration of the existing agreement or arrangement and the unilateral right to renew or extend. The Lessor also agrees that it will take any and all lawful actions as expeditiously as possible, with respect to any such agreement as the contracting agency may direct, as a means of enforcing the intent of this section, including, but not limited to, termination of the agreement or concession and institution of court action. 10. EXAMINATION OF RECORDS (NOTE: This provision is applicable if this lease was negotiated without advertising.) a. The Lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this lease, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Lessor involving transactions related to this lease. b. The Lessor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or his representatives shall, until the expiration of 3 years after final payment under this lease with the Government, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor' involving transactions related to the subcontract. 11. PAYMENT DUE DATE The initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the lease or supplemental agreement establishing commencement of the Jease term is executed, or the first workday.of.the month following the month in which the occupancy of -space is effective, whichever is later. Subsequent rent shall be paid in arrears, and will be due on the first workday of each successive month, and only.as provided for by the lease. - 4 - 12. INSTRUCTIONS Whenever the lease is executed by an attorney, agent, or other person, or corporation on behalf of the Lessor, the name of the Lessor shall appear above the signature of the person signing. • DEPARTMENT OF THE TREASURY Q Rl U.S. CUSTOMS SERVICE pgTOMB g�� INDIANAPOLIS, INDIANA MAY a ism FAC-4-CM:L:N:S GR Ms. Elma Martinez Deputy Director of Aviation Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 Dear Ms. Martinez: Thank you for signing and returning U.S. Government Lease for Real Property Number 655-90-19369 for rental of inspection space at the Lubbock International Airport. Enclosed is your executed copy of the lease. Please submit your billing to the following address: U.S. Customs Service Port Director Route 3, Box 28 Lubbock, Texas 79401 Please include Accounting Control Transaction (ACT) number 00032938 on your invoice. Your request will be authorized for payment and forwarded to the National Finance Center, Indianapolis, Indiana. Any questions concerning this matter should be addressed to: National Logistics Center U.S. Customs Service ATTN: Gary A. Ragatz P.O. Box 68906 Indianapolis, Indiana 46268 Phone: (317) 298-1164 Sincerely, Robert A. Webster Director National Logistics Center Enclosure � 33cy 3 STANDARD FORM 2 FEaRUARY 1965 EDITION U.S. GOVERNMENT GENERAL SERVICES ADMINISTRATION LEASE FOR REAL PROPERTY F►R (0 CFR) 1-16.601 DATE OF LEASE MAY n A LEASE 010. V i _ 655-90-19369 THIS LEASE, made and entered into this date by and between The City of Lubbock, Texas, Lessor Rep.: Elma Martinez Telephone (806)762-6411 whose address is Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 end whose interest in the property hereinafter described is that of hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: Government Rep.: Roger Fischer (317)298-1240 W17NESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby !uses to the Government the following described premises: 648 square feet of office space in the south end of the Executive Terminal Building at the Lubbock International Airport to be used for the U.S. Customs Service, Port Director 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 1, 1989 through September 30r 1990__......._ subject to termination ... ......... ............ .................._......._ and renewal rights as may be hereinafter set forth. Subject to availability of Fiscal Year 1990 funds. 3. The Government shall pay the Lessor annual rent of$.I,.QQXxYYXxXXXXX=XXXXxx=xxxxXxxxxxxx at the rate of per ...41M M...................................................... in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: City of Lubbock, Lubbock International Airport,Rbute.3, Box 389, Lubbock, Texas 79401 4.966R may terminate this lease at any time by giving at least .... 6D.............•-.... days' notice in writing to the gkrand no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. S. This lease may be renewed at the option of the Government, for the following terms and at the following rentals: . Lease can be renewed annually through September 30, 1993. Rental rates and services are negotiable. provided notice be given in writing to the Lessor at least .....30............ days before the end of the original lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the dajr after the date of mailing. 2-106 6. The Lessor shall furnish to the Government, as part of the rental considerition, the following: A. Heating, air—conditioning, and utility services are included. Also includes replacement lamps, tubes, and ballasts for light fixtures and toilet supplies. B. The Lessor will submit a yearly invoices listing these transaction codes: APC 633669;ACT 00032938; OBCL 23.21 to the following address: U.S. Customs Service Port Director Route 3, Box 28 Lubbock, Texas 79401 C. Rent payment shall be processed by the Government on the first day of the month following the completion of services. 7. The following are attached and made a part hereof: lilt General Provisions and Instructions (Standard Form ]•A . ..................... edition). A. Enclosed General Provisions 1-12. B. The Government shall be liable for negligent acts of any officer, employee, or agent of the Governemnt in the use of the leased premises to the extent that liability is covered by the Federal Tort Claims Act, as amended. 8. The following changes were made in this lease prior to its execution: IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LECSOR APPROVED AS TO CONTENT: APPROVED AS TO FORM: X� c ar.---- -%! �d�!%-- . C . M c9I1IV9 I MAX rsra,e,�„rf� IN PRESENCE Olot.,(�.. ............... _ _ -. _ _-___----------- __ .. _ ----- ._-._.._-._-..-________.-_. rSitrstpre) (Address) UNITED STATES OF I Robert A. Webster, Director __.- -_- -__- - National Logistics Center ar. .-• -- ---- -- -- C •----------•------------ -----------------•------ - fSis tart rodieial title) STANOARO FORM 2 �/ 4 9 ,19g{j A iommonent Printing orflats tss"8tan0etee FceRVARY it83 EDITIO14 f I GENERAL PROVISIONS 1. MAINTENANCE OF PREMISES • =-The-Lessor shall maintain the premises an_4 piopert7-furnishrdunder this lease in good repair and tenantable condition during the. continuance of this lease, except in case of damage arising froe.the act or the negligence of the Government's agents or employees. For the purpose of so maintaining said premises and property, the Lessor may. at reasonable times approved by the Government, enter and inspect the same and make any necessary repairs thereto. 2. DAMAGE BY FIRE OR OTHER CASUALTY If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as to render the premises untenantable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within fifteen (15) days thereafter; if so terminated no rent shall accrue to the Lessor after such partial destruction or damage; and if not so terminated the rent shall be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. 3. ALTERATIONS The Government may make alterations. attach fixtures or signs and erect structures in or upon the leased premises. all of which shall be the property of the Government. 4. CONDITION REPORT A joint physical survey and inspection report of the demised premises shall be made as of the effective date of this lease, reflecting the then present condition, and will be signed on behalf of the parties hereto. S. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress. or Resident Commissioner shall be admitted to any share or part of this lease contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease contract if made with a corporation for its general benefit. 6. APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the leased space is situated and, at his own expense, to obtain all necessary permits and related items. A - 2 - 7. LESSOR'S SUCCESSORS — - - _ e;_tetrns:.and provisions of this lease and. the,.'conditiotts 11sreirt sttiell. :: • _ bind= the• •Lessor; and- the Lessor's -heirs, executors, administrators..'," successors, and assigns. 8. COVENANT AGAINST CONTINGENT FEES The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. (Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or agencies within the exception contained in this clause.) 9. FACILITIES NONDISCRIMINATION (a) As used in this section, the term 'facility' means stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in the building in which the space covered by this lease is located. (b) The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, creed, color, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility, including any and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the Lessor solely to tenants, their employees, customers, patients, clients, guests and invitees. (c) It is agreed that the Lessor's noncompliance with the provisions of this section shall constitute a material breach of this lease. In the event of such noncompliance, the Government may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Government in acquiring substitute space, including but not limited to the cost of moving to such space. Substitute space shall be obtained in as close proximity to the Lessor's building as is feasible and moving costs will be limited to the actual expenses thereof as incurred. - 3 - (d) It is Curther agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to operate, include or require the inclusion of the foregoing provisions of this section in every such agreement or concession pursuant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein contained, however, shall be deemed to require the Lessor to include or require the inclusion of the foregoing provisions of this section in any existing agreement or concession arrangement or one in which the contracting party other than the Lessor has the unilateral right to renew or extend the agreement or arrangement, until the expiration of the existing agreement or arrangement and the unilateral right to renew or extend. The Lessor also agrees that it will take any and all lawful actions as expeditiously as possible, with respect to any such agreement as the contracting agency may direct, as a means of enforcing the intent of this section, including, but not limited to, termination of the agreement or concession and institution of court action. 10. EXAMINATION OF RECORDS (NOTE: This provision is applicable if this lease was negotiated without advertising.) a. The Lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this lease, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Lessor involving transactions related to this lease. b. The Lessor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or his representatives shall, until the expiration of 3 years after final payment under this lease with the Government, have access to and the right to examine any directly pertinent books, documents, .papers, and records of such subcontractor involving transactions related to the subcontract. 11. PAYMENT DUE DATE The initial monthly rental payment under this contract shall become due on the first workday of.the month following the month in which the lease or supplemental agreement establishing commencement of the.lease term is executed, or the first workday.of the month following the month in which the occupancy of -space is effective, whichever is later. Subsequent rent shall be paid in arrears, and will be due on the first workday of each successive month. and only as provided for by the lease. U r - 4 - 12. INSTRUCTIONS Whenever the lease is executed by an attorney, agent, or other person, or corporation on behalf of the Lessor, the name of the Lessor shall appear above the signature of the person signing. A