HomeMy WebLinkAboutResolution - 3128 - Lease Agreement - Southwest Airlines - Operations Space, LIA - 06_22_1989Resolution # 3128
June 22, 1989
Item #7
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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 an Airline Lease
Agreement with Southwest Airlines Co., 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 22nd day of June 1989.
B.C. McMINN, MAYOR
APPROVED AS TO CONTENT:
Marvin Coffee, Diftttor of Aviation
APPROVED AS TO FORM:
arold Wi and Assistan Cii` t Attorne
y y
AIRLINE LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF LUBBOCK, TEXAS
AND
SOUTHWEST AIRLINES CO.
THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT
TO THE TEXAS GENERAL ARBITRATION ACT
(ART. 224. ET SEO. V.A.C.S.)
TABLE OF CONTENTS
Page
ARTICLE I - DEFINITIONS 2
1.01 - Definitions 2
ARTICLE II - LEASED PREMISES AND USES 5
2.01 - Description of Exclusive Leased Premises 5
2.02 - Description of Non -Exclusive Use Premises 5
2.03 - Exhibit Designating Leased Premises 5
2.04 - Description of Privileges, Uses and Rights 6
2.05 - Rights and Privileges Specifically Excluded 10
2.06 - Right of Ingress and Egress 11
2.07 - Effect of Ordinances, Rules and Regulations 11
ARTICLE III - TITLE TO LESSEE
3.01 - Installed Improvements and Property
ARTICLE IV - OBLIGATIONS OF CITY
4.01 - Right to Lease Property
4.02 - Maintenance and Operation of Airport
4.03 - Maintenance and Services on the
Exclusive Leased Premises
4.04 - Governmental Facilities
4.05 - Restaurants
4.06 - Ticket Counter
4.07 - Outbound Baggage System
ARTICLE V - OBLIGATIONS OF LESSEE
5.01 - Maintenance of Exclusive Leased Premises
5.02 - Porter Service
5.03 - Additions, Alterations or Replacements
5.04 - Removal and Demolition
5.05 - Trash and Garbage
5.06 - Taxes and Licenses
5.07 - Rules and Regulations
5.08 - Duty to Prevent Unauthorized Access
to the Premises
ARTICLE VI - TERM
6.01 - Term
ARTICLE VII - RENTALS AND FEES
7.01 - Rental for Exclusive Terminal Building Space
7.02 - Landing Fee
7.03 - Rental for Common Use Area
7.04 - Rental for Public Address System
7.05 - Aircraft Storage
7.06 - Time of Payment
7.07 - Default for Failure to Pay Rentals, Fees
and Charges
ARTICLE VIII - READJUSTMENT OF RENTALS, FEES AND OTHER
CHARGES
8.01 - Procedure for Readjustment of Rentals, Fees
and Other Charges
ARTICLE IX - RIGHTS AND PRIVILEGES RESERVED BY CITY
9.01 - Right to Charge Use Fees to Others
9.02 - Right to Improve and Protect the Airport
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12
13
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14
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15
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25
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27
ARTICLE X -
INDEMNIFICATION, INSURANCE AND BONDS
28
10.01 -
Indemnification, Etc.
28
10.02 -
Insurance
29
ARTICLE XI -
DAMAGE OR DESTRUCTION OF LEASED PREMISES
30
11.01 -
Partial Damage
30
11.02 -
Extensive Damage
30
11.03 -
Complete Destruction
31
11.04 -
Right to Recover Damages
31
11.05 -
Limit of City's Obligations Defined
32
ARTICLE XII
- TERMINATION OF LEASE, CANCELLATION,
ASSIGNMENT AND TRANSFER
32
12.01 -
Termination
32
12.02 -
Cancellation by Lessee
32
12.03 -
Cancellation by City
34
12.04 -
Notice of Termination
35
12.05 -
Assignment and Subletting
35
ARTICLE XIII
- PROPERTY RIGHTS UPON TERMINATION
35
13.01 -
Lessee's Right of Removal
35
13.02 -
City's Rights at Termination
36
ARTICLE XIV
- GENERAL PROVISIONS
36
14.01 -
Other Ordinances
36
14.02 -
Arbitration
36
14.03 -
Nondiscrimination
37
14.04 -
Rules and Regulations
38
14.05 -
Interpretation of Lease
38
14.06 -
Invalid Provisions
38
14.07 -
Sponsor's Assurances
38
14.08 -
Consent Not to be Unreasonably Withheld
38
14.09 -
Redelivery of Premises
39
14.10 -
Holding Over
39
14.11 -
Inspection
39
14.12 -
Nonexclusive
39
14.13 -
Lease Made in Texas
39
14.14 -
Successors
39
14.15 -
Headings
39
14.16 -
Time of Essence
40
14.17 -
Notices
40
14.18 -
Understanding of the Parties
40
ARTICLE XV -
MISCELLANEOUS PROVISIONS
41
15.01 -
security Charges
41
THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT
TO THE TEXAS GENERAL ARBITRATION ACT
(ART. 224, ET SEO. V.A.C.S.)
CERTIFICATED PASSENGER AIRLINE LEASE
Lubbock International Airport
Lubbock, Texas
THIS LEASE AGREEMENT, made this � day of ,
19, by and between the City of Lubbock, Texas, (hereinafter
referred to as "City"), and Southwest Airlines Co., a corporation
incorporated under the laws of the State of Texas, with its
principal office at Dallas, Texas (hereinafter referred to as
"Lessee").
WITNESSETH
WHEREAS, City owns and operates Lubbock International Airport,
located in Lubbock County, Texas, (hereinafter referred to as
"Airport"); and
WHEREAS, Lessee is engaged in the business of air
transportation of persons, property and cargo, and is certificated
by the Federal Aviation Administration to provide such services
through Lubbock International Airport; and
WHEREAS, City also owns and operates a terminal building at
said Airport, which has been expanded and remodeled to provide
additional space for airline ticketing and operations facilities;
and
WHEREAS, City and Lessee executed an agreement on or about
April 28, 1977, in which Lessee agreed to lease from City space and
facilities in the terminal building sufficient to enable Lessee to
conduct its business of air transportation at the Airport; and
WHEREAS, Lessee has in effect been a hold over tenant at the
Airport since the term of said agreement executed on or about April
28, 1977, as subsequently modified, expired on November 8, 1985;
and
WHEREAS, City and Lessee both desire to execute a new lease
agreement whose terms and conditions are substantially comparable
to the terms and conditions contained in leases executed by
similarly situated air carriers that are tenants at the Airport;
NOW THEREFORE, for and in consideration of the mutual
covenants hereof, City hereby leases to Lessee and Lessee hereby
hires and takes from City certain exclusive premises (hereinafter
called "Exclusive Leased Premises"), and certain non-exclusive use
premises, facilities, rights and privileges in connection with and
on the Airport, as hereinafter described, upon the terms and
conditions that follow:
ARTICLE I
DEFINITIONS
section 1.01 - Definitions. The following words, terms and
phrases whenever used in this Lease shall, for the purposes of this
Lease, have the following meanings:
Adequate heating and air conditioning facilities - those
heating and air conditioning facilities necessary to
maintain a more or less constant reasonable temperature
throughout the terminal building.
Approved maximum gross landing weight - the maximum landing
weight for an aircraft approved by the Federal Aviation
Administration for that aircraft.
Certificated Passenger Air Transportation Company - for the
purpose of this Lease shall be used interchangeably with
the term "air carrier" and shall mean any commercial air
carrier who on a regularly scheduled basis transports
passengers, baggage and cargo either to or from the
Airport.
Classification of air carriers - for the purpose of
establishing different classes of air carriers as tenants
at the Airport, the following classifications shall
control:
(a) standard long-term tenant - a Certificated Passenger
Air Transportation Company which has a long-term lease
with the City.
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,
(b) standard short-term tenant - a Certificated
Passenger Air Transportation Company which has a short-
term lease with the City.
(c) month -to -month tenant - a Certificated Passenger Air
Transportation Company that conducts business at the
Airport but which has neither a standard long-term lease
nor a standard short-term lease with the City.
Director of Aviation - the Director of Aviation of the City of
Lubbock or his designated representative. '
Enplaned Passenger - any person that initially boards an
airplane at the Airport or any person that leaves an
airplane and reboards an airplane at the Airport.
Federal Aviation Administration - the Federal Aviation
Administration created by the Federal Government under
the Federal Aviation Act of 1958, or such other Federal
Government authority as may be the successor thereto or
be vested with the same or similar authority.
Ordinance - a legislative act enacted by the City Council of
the City of Lubbock, Texas.
Public airport facilities - include, but are not limited to,
approach areas, runways, taxiways, aprons, aircraft
parking areas, roadways, sidewalks, navigational and
avigational aids, lighting facilities, terminal
facilities and other public facilities appurtenant to the
Airport.
Regulation - any rule or order promulgated by any federal or
state agency which has authority to promulgate such rule
or order, or any regulation of the City or the Airport
Board of the City which is enacted or promulgated for the
health, safety or welfare of the general public, or any
other such rule promulgated by the City or Airport Board
as that term is herein defined.
Relamp - the replacement of any bulb in light fixtures not
functioning properly.
Rule - any regulation, directive or order adopted by the
Airport Board of the City of Lubbock and applicable to
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the operation of the Airport, and any directive issued by
the Director of Aviation.
Similarly situated air carriers - those Certificated Passenger
Air Transportation Companies that fall within the same
classification as herein defined, examples being as
follows:
(a) all such air carriers which have a written lease
agreement with the City whose initial term is three (3)
or more years shall be deemed similarly situated;
(b) all such air carriers which have a written lease
agreement with the City whose initial term is less than
three (3) years (but who are not tenants at will or hold
over tenants) shall be deemed similarly situated;
(c) all such air carriers who are tenants at will shall
be deemed similarly situated.
standard long-term lease - a written lease agreement with
Lessee or other similarly situated air carrier which
establishes the business relationships between the City
and Lessee or other similarly situated air carrier and
has an initial term of three (3) or more years.
Standard short-term lease - a written lease agreement with an
air carrier (other than a tenant at will or hold over
tenant) which establishes the business relationships
between the City and the air carrier and which has an
initial term of less than three (3) years.
Sterile area - any area at the Airport which Lessee possesses
or controls either singularly or in conjunction with
other air carriers and to which access is controlled by
the inspection of persons and property in accordance with
any security program mandated by the Federal Aviation
Administration.
Tenant at will - a business relationship established between
the City and an air carrier on a month -to -month basis
which may or may not be in writing but which relationship
shall not exceed a term of one (1) year.
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ARTICLE II
LEASED PREMISES AND USES
Section 2.01 - Description of Exclusive Leased Premises.
A. The Exclusive Leased Premises shall consist of 7.580
square feet, more or less, in the terminal building of the Airport.
B. It is understood and agreed that the square footage
stated herein is an estimate, and City and Lessee are obligated and
hereby jointly agree to measure the actual space occupied on or
before six months after occupancy thereof and to make the necessary
rental rate adjustments which will be retroactive to the beneficial
occupancy date, and both City and Lessee further agree that any
credits or additional rental due under this paragraph will be
applicable to the next subsequent monthly rental.
Section 2.02 - Description of Non -Exclusive Use Premises.
In addition to the Exclusive Leased Premises hereinabove defined,
Lessee is hereby granted the non-exclusive use, in common with
others elsewhere authorized, of such space and facilities as may be
designated by City in and adjacent to the terminal building, which
space and facilities, without limiting the generality hereof, shall
consist of:
(A) Ground area for the taxiing of aircraft.
(B) Space for a reasonable amount of Lessee's apron
equipment.
(C) Loading gates.
(D) Adequate and reasonably convenient vehicular parking
space for use by Lessee and its employees. Such space
shall be at locations designated by City in common with
other Airport employees and the use thereof shall be
provided at the same charge per month as established for
other Airport employees.
Section 2.03 - Exhibit Designating Leased Premises. The
location of the Exclusive Leased Premises and the Non -Exclusive Use
Premises herein leased to Lessee are each designated and set forth
on Exhibit A attached hereto and by this reference made a part
hereof for all purposes.
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Section 2.04 - Description of Privileges, Uses and Rights.
Lessee shall be entitled, in common with others elsewhere
authorized, to the general use of all public airport facilities and
improvements which are now part of the Airport, except as
hereinafter provided. Lessee's use of said public airport
facilities shall be for the sole purpose of operating a
transportation system for transporting by aircraft persons,
property, cargo, express and mail (hereinafter referred to as "Air
Transportation"), which use, without limiting the generality
hereof, shall include:
(A) The handling, ticketing, billing and manifesting of
passengers, baggage, cargo, express and mail in Air
Transportation by Lessee or on behalf of any other
Certificated Passenger Air Transportation Company which
has a lease with City.
(B) The repairing, maintaining, conditioning, servicing,
testing, parking or storage of aircraft or other
equipment operated by Lessee, or of any other
Certificated Passenger Air Transportation Company. Such
right and the rights referred to in subparagraphs (C) and
(D) below shall not be construed as authorizing Lessee to
conduct a separate business, but shall permit Lessee to
exercise such rights only in connection with Air
Transportation.
(C) The training on Airport premises of personnel either
employed by or to be employed by Lessee or any other
Certificated Passenger Air Transportation Company.
However, in all instances where such training involves
aircraft either landing at or taking off from the
Airport, Lessee shall be required to pay City landing
fees in accordance with Section 7.02.
(D) The sale, lease, transfer, disposal or exchange of
Lessee's aircraft engines, accessories and other
equipment or supplies. Said right shall include the
sale, lease, transfer or disposal of any article or goods
used by or bought for use by Lessee in connection with
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Air Transportations provided, however, that Lessee shall
not:
(1) Sell food or beverages other than for consumption by
passengers on aircraft and as provided in
Subparagraph (I) of this Section 2.04.
(2) Sell gasoline, fuel, propellants, grease or other
lubricants except when said products are of a
particular grade desired by others and are not
otherwise available at the Airport (except to other
Certificated Passenger Air Transportation
Companies).
(E) Subject to approval of the Director of Aviation, the
servicing by Lessee's employees or others under Lessee's
control of aircraft and other equipment operated by
Lessee on the apron, by truck or otherwise, with
gasoline, oil, grease, lubricants and any other fuel or
propellant or other supplies required by Lessee, all of
which shall include, without limiting the generality
hereof, the right of Lessee to install and maintain on
the Airport, subject to terms and conditions mutually
agreeable to the parties hereto, adequate storage
facilities for such gasoline, oil, grease, lubricants and
other fuel or propellant or supplies, together with the
necessary pipes, pumps, motors, filters and other
appurtenances incidental to the use thereof, and the
installation and maintenance of pipes in connection with
such facilities, as well as a pipeline or pipelines
between Lessee's source of supply and said storage
facilities. Lessee shall submit to the Director of
Aviation for his written approval complete written plans
and specifications for such storage facilities and
pipelines prior to installation. Lessee's exercise of
its rights hereunder shall be subject to the execution by
the parties hereto of a separate lease on such terms,
conditions and consideration as may be mutually agreed
upon.
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(F) The landing, taking off, flying, taxiing, towing,
parking, loading and unloading of Lessee's aircraft or
other Air Transportation equipment operated by Lessee,
used in connection with scheduled, shuttle, courtesy,
test, training, inspection, emergency, special charter,
sight-seeing and other flights, all of which shall
incidentally include, without limiting the generality
hereof, the right to load and unload Lessee's aircraft,
or the aircraft of any other Certificated Passenger Air
Transportation Company having an existing lease with
City, adjacent to a convenient entrance to the terminal
building at common area loading gates located on the
loading apron at points to be designated by City;
provided, however, that flights carrying cargo or freight
only shall load and unload at convenient and accessible
points to be designated by City.
(G) The loading and unloading of property, cargo, express and
mail at said Airport by such motor vehicles or other
means of conveyance as Lessee'may desire or require in
the operation of its Air Transportation system, with the
right to designate the particular carrier or carriers
which shall regularly transport Lessee's property, cargo,
express and mail to and from the Airport.
(H) The right to install, maintain and operate, for its own
use, either by Lessee alone, or by Lessee in conjunction
with other Lessees at the Airport, or through a nominee,
a computer system, message system, or any other
electronic system used to transmit communications of any
nature whatsoever. The installation, maintenance and
operation of such systems as described above shall be
without cost or expense to City, and shall be subject to
reasonable rental payments by Lessee to the City for any
space used, as well as prior written approval of the
Director of Aviation as to location, plans and
specifications.
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(I) The right to provide food and beverages for consumption
in flight by passengers and crews of Lessee or by
passengers and crews of any other Certificated Passenger
Air Transportation Companies. Lessee shall also have the
right to arrange for food and beverages to be provided to
its passengers and crew members when said passengers or
crew members are grounded at the Airport because of
weather, mechanical conditions or other similar emergency
conditions; provided, however, that if said passengers or
crew members are to be given food and beverages at the
Airport, Lessee shall arrange for this service from the
person, firm or corporation holding concession rights
from the City for food and beverage service at the
Airport. In addition, Lessee may furnish, free of cost,
coffee and doughnuts to its passengers, provided such
items are purchased through the person, firm or
corporation holding concession rights from the City for
food and beverage service at the Airport. Except to the
extent hereinabove specifically provided, nothing in this
subparagraph (I) shall be deemed to give Lessee the right
to maintain or operate at the Airport a cafeteria,
restaurant, bar, cocktail lounge or vending machines or
in any manner otherwise providing for the sale of food or
beverages to the public.
(J) Subject to prior approval of the Director of Aviation,
the right to place signs or replace existing signs
identifying Lessee's business in or on the Exclusive
Leased Premises. Said signs shall be substantially
similar to existing signs in size, type and location. A
change in existing signs as to number, type, size, design
and location shall be subject to the written approval of
the Director of Aviation prior to installation. Such
installation and operation shall be without cost or
expense to City.
(K) The right to install, maintain and operate singularly or
in conjunction with any other Certificated Passenger Air
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Transportation Companies who are Lessees at the Airport,
or through a nominee, such radio communications,
meteorological and aerial navigation equipment and
facilities in or on the Exclusive Leased Premises,
without cost or expense to the City and subject to the
written approval of the Director of Aviation as to
location, method and type of installation prior to
installation.
(L) The right, except as herein otherwise specifically
provided, to purchase or otherwise obtain personal
property of any nature including, but not limited to,
gasoline, fuel, propellants, lubricating oil, grease,
food, beverages and other materials, equipment and
supplies deemed by Lessee necessary or incidental to its
operations, its exercise of the rights herein granted,
and its discharge of the obligations herein imposed.
Said purchases may be made through any person,
partnership, firm, association or corporation Lessee may
choose.
(M) The rights and privileges granted the Lessee under
subparagraphs (E), (G), (H), and (K) of this Section 2.04
may be exercised by Lessee for and on behalf of any other
Certificated Passenger Air Transportation Company
operating at the Airport of, by or through a nominee of
Lessee, but said nominee shall be subject to the prior
written approval of the Director of Aviation. It is
specifically provided, however, that any such nominee
shall have no greater rights than Lessee hereunder.
Section 2.05 - Rights and Privileges Specifically Excluded.
Except as specifically provided for in Section 2.04, nothing herein
shall be deemed to give Lessee any right or permission to sell at
the Airport any goods or services to the public other than Air
Transportation services. Without limiting the generality of the
foregoing, this prohibition includes insurance sales (except when
not otherwise available at the Airport).
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Section 2.06 - Right of Ingress and Egress. City hereby
grants to Lessee, its employees, agents, passengers, guests,
patrons, suppliers of materials and furnishers of service the right
of ingress to and egress from, but not the use of, except as
otherwise provided in this Lease, the Exclusive Leased Premises and
non-exclusive use premises described in Sections 2.01 and 2.02.
Section 2.07 - Effect of Ordinances, Rules and Regulations.
This Lease is subject to such ordinances, rules and regulations
duly enacted or adopted for the operation, maintenance and
existence of the Airport, and all such ordinances, rules and
regulations enacted or adopted which relate to the health, safety
or welfare of the general public shall always take precedence over
the terms of this Lease. Such ordinances, rules and regulations
enacted or adopted which do not affect the health or safety of the
general public shall take precedence over this Lease only when such
ordinances, rules and regulations are not in direct conflict with
the terms of this Lease. This Lease shall never be understood or
construed as a delegation or surrender of the City of Lubbock's
governmental authority.
ARTICLE III
TITLE TO LESSEE
Section 3.01 - Installed Improvements and Property. All
improvements, equipment and property installed, erected or placed
by Lessee in, on or about the Airport shall be deemed to be
personalty and remain the property of Lessee, save and except those
improvements, equipment and property which are so attached to
Airport premises so as to damage the premises upon removal or
impair the functional or operational use thereof. Said
improvements, equipment and property so attached shall be deemed
permanent improvements and shall become the property of City upon
installation.
ARTICLE IV
OBLIGATIONS OF CITY
Section 4,01 - Right to Lease Property. City represents that
it has the full right to lease that portion of the Airport referred
to herein, together with all the premises, facilities, rights,
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licenses, services and privileges herein granted, and has full
power and authority to enter into this Lease in respect thereof.
City further represents that all things have occurred that are
necessary to make the granting of this Lease effective, and City
warrants to Lessee peaceful possession and quiet enjoyment of the
Exclusive Leased Premises, appurtenances, facilities, rights,
licenses and privileges during the term hereof upon performance of
Lessees covenants herein.
Section 4.02 - Maintenance and Operation of Airport. Except
as otherwise specifically provided herein, City shall, during the
term of this Lease, operate, maintain and keep in good repair the
terminal building, terminal apron and all airport facilities
utilized by the general public, as well as the improvements,
machinery and equipment placed by City in these areas. City shall
not, however, be required under this Lease to perform maintenance
to or make repairs to the Exclusive Leased Premises or to perform
any maintenance or effect any repairs necessary due to misuse or
abuse or the negligence of Lessee, its sublessees, employees,
agents, servants, patrons or invitees. However, City may perform
such maintenance or make such repairs as necessary and charge the
cost of same to Lessee, provided Lessee has failed to perform such
maintenance or make such repairs to the satisfaction of the
Director of Aviation within a reasonable time after receiving a
written request from said Director of Aviation.
In all areas utilized by the general public, City shall
provide janitorial and cleaning services, including window washing,
lighting and adequate heating and air conditioning facilities.
The City shall be responsible for structural, exterior and
roof maintenance and exterior window washing in all portions of the
terminal building.
City shall also provide and supply adequate lighting for
vehicular parking spaces and aircraft loading ramps and adequate
field lighting.
The obligations assumed by City under this Article IV shall
not obligate City, except as provided in Article XI hereof, to
repair or rebuild any of the facilities at said Airport in the
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event of damage by the elements, fire, explosion or other causes
beyond the control of City.
City shall deliver to Lessee all of the premises leased
hereunder in a condition which complies with the City's Building
Code and other applicable City ordinances.
Section 4.03 - Maintenance and Services on the Exclusive
Leased Premises. Notwithstanding any language to the contrary in
Section 4.02, City shall be responsible for and shall be obligated
to perform only the following maintenance and services on the
Exclusive Leased Premises:
(A) Adequate heating and air conditioning.
(B) Maintenance of mechanical and electrical systems
installed by City, excluding relamping behind and above
the ticket counter and office areas.
Section 4.04 - Governmental Facilities. It is expressly
agreed that if funds provided by the United States Government for
the construction, maintenance and operation of the Control Tower,
Instrument Landing System, and/or other air navigation aids are
discontinued even though needed for Lessee's operations at the
Airport, City shall not be required to provide said facilities.
Section 4.05 - Restaurants. City agrees to provide space in
the terminal building for a restaurant or coffee shop for the
purpose of selling food and beverages to the general public.
Section 4.06 - Ticket Counter. Lessee is hereby granted the
right to construct and install a ticket counter shell on the
Exclusive Leased Premises. said ticket counter shell shall be
constructed and installed according to Lessee's own needs, plans
and specifications, which plans and specifications shall be
submitted to the Director of Aviation of City for written approval
prior to construction and installation.
Section 4.07 - Outbound Baggage System. Lessee is hereby
granted the right to construct and install as a permanent
improvement an outbound baggage system on the Exclusive Leased
Premises. Such outbound baggage system shall be constructed and
installed according to Lessee's own needs, plans and
specifications, which plans and specifications shall be submitted
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to the Director of Aviation for written approval prior to
construction and installation. Lessee shall maintain said outbound
baggage system in good condition and shall pay all costs of repair
and maintenance for said system while this Lease is in effect.
ARTICLE V
OBLIGATIONS OF LESSEE
Section 5.01 - Maintenance of Exclusive Leased Premises.
Except as provided in Section 4.03, Lessee shall be obligated,
without cost or expense to City, to maintain the Exclusive Leased
Premises and every part thereof including, but not limited to, the
counter shell and the outbound baggage system in good order, repair
and safe condition.
Lessee shall, at its own expense, provide janitorial services
in the Exclusive Leased Premises, either singularly or in
conjunction with other Certificated Passenger Air Transportation
Companies which may now or hereafter be Lessees at the Airport.
Lessee shall relamp light fixtures as necessary, and shall
repaint the interior of the Exclusive Leased Premises as necessary.
All such relamping and repainting shall be accomplished with
materials and workmanship comparable to the original materials and
workmanship. All paint colors or schemes shall harmonize with the
decor of the passenger terminal area and shall be subject to the
prior approval of the Director of Aviation.
Section 5.02 - Porter Service. Lessee may, at its option,
provide porter service for the convenience of its passengers in and
adjacent to the baggage claim area of the terminal building. Said
service may be provided by Lessee alone, by Lessee in conjunction
with other Certificated Passenger Air Transportation Companies
which may now or hereafter be Lessees at the Airport, or by a
nominee of Lessee if approved by the Director of Aviation.
Section 5.03 - Additions, Alterations or Replacements. Lessee
shall have the right to construct, alter or replace on the
Exclusive Leased Premises those improvements or facilities which
Lessee reasonably deems necessary for the proper conduct and
operation of Lessee's business. However, Lessee shall not
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construct, alter or replace any such improvements or facilities
without prior written approval of the Director of Aviation.
Lessee shall also have the right to install on the Exclusive
Leased Premises such equipment as Lessee reasonably deems necessary
to conduct its Air Transportation business; however, in all
instances where electrical wiring, plumbing facilities, climactic
controls or other structural changes or alterations are required,
Lessee shall obtain approval from the Director of Aviation prior to
making such changes or alterations.
In all cases where improvements or facilities installed by
Lessee require structural changes or additional wiring, plumbing or
climactic controls, Lessee agrees to be responsible for all costs
in connection with such installations (including maintenance and
energy costs) and to comply with all applicable City codes. In
performing any construction or other work authorized in this
Section 5.03, Lessee shall keep the Exclusive Leased Premises free
from accumulation of debris as much as practically possible and
perform such work so as to minimize inconvenience to the general
public and other Lessees of City.
Section 5.04 - Removal and Demolition. Lessee shall not
remove or demolish, in whole or in part, any improvements that
already exist on the Exclusive Leased Premises without the prior
written consent of the Director of Aviation who may, at his
discretion, condition such consent upon Lessee's agreement to
replace the same improvements specified in such consent upon
termination of this Lease. The Director of Aviation shall not
withhold consent unreasonably and shall not impose unreasonable
conditions as a prerequisite for obtaining his consent.
Section 5.05 - Trash and Garbage. Lessee shall provide at its
own expense 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 Lessee's operations
on the Airport. Lessee shall provide and use suitable covered
metal receptacles for all garbage, trash and other refuse in the
areas leased by Lessee. Piling of boxes, cartons, barrels or other
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similar items in an unsafe manner in or about Airport premises
shall not be permitted.
Section 5.06 - Taxes and Licenses. Lessee shall pay all taxes
of whatever character that may be lawfully levied or charged upon
Lessee's leasehold improvements or operations hereunder and upon
Lessee's rights to use Airport property. Lessee shall obtain and
pay for all licenses or permits necessary or required by law for
the construction of any improvements, additions or alterations, or
the installation of equipment and furnishings, and any other
licenses necessary to conduct its Air Transportation business.
Section 5.07 - Rules and Regulations. In conducting its
operations 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 now in force or
hereafter prescribed or promulgated by authority or by law,
provided that such rules, regulations and ordinances of the City
shall be in conformity with Section 2.07 hereof.
Section 5.08 - Duty to Prevent Unauthorized Access to the
Premises. Lessee shall prohibit and prevent access or entry into
the Exclusive Leased Premises and any sterile area by any person or
property whose access or entry is not authorized, and Lessee agrees
that in the event that a civil penalty or fine is levied against
the Airport or City 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 City the full
amount of the penalty or fine and correct the act or omission
leading to, causing or contributing to the violation.
ARTICLE VI
TERM
Section 6.01 - Term. A. The initial term of this Lease shall
commence on the 1st day of October, 1988, and end on the 30th day
of September, 1999. Upon written application of Lessee, delivered
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to the office of the Director of Aviation of City within twenty
(20) days prior to the expiration of the initial term of this
Lease, the Director of Aviation may extend this Lease for a period
of thirty (30) days, provided Lessee is negotiating with City for a
new lease when such initial term expires. During such
negotiations, Lessee may apply for as many thirty (30) day
extensions of this Lease as Lessee deems necessary, which may or
may not be granted by the Director of Aviation in his discretion,
but in no case shall this Lease be extended more than twelve (12)
months beyond its initial term. Any extension of this Lease
granted under this Section 6.01 shall be in writing and signed by
the Lessee and the Director of Aviation. During any extension,
Lessee shall be subject to the rates, fees, rentals and other
charges established by the Airport Board for Certificated Passenger
Air Transportation Companies that are month -to -month tenants. Both
City and Lessee herein agree, however, that all negotiations for
any new lease shall be conducted in good faith.
B. Notwithstanding any provision of this Section 6.01, this
Lease is also subject to earlier termination as hereinafter
provided under Article XII.
C. On or before thirty (30) days prior to the expiration of
the initial term of this Lease, or any extension of said term, as
provided in this Article, the Director of Aviation may notify
Lessee in writing that this Lease shall terminate at the end of
said thirty (30) day period. Lessee agrees and hereby acknowledges
that it is an essential term of this Lease that before the end of
said thirty (30) day period Lessee will vacate all of the premises
leased hereunder, will remove all of its property and improvements
(other than permanent improvements) from same, and will restore
said premises to the condition in which they existed at the
commencement of the initial term of this Lease, damage by the
elements, fire, explosion or other casualty excepted unless such
damage results from act or omission of Lessee. All such
restoration shall be done in a manner satisfactory to the Director
of Aviation and shall be completed within said thirty (30) day
period. If Lessee fails to vacate said premises within said thirty
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(30) days after the date of written notice from City of
termination, or if Lessee fails to complete such restoration within
said thirty (30) day period, the City shall have the right to
remove from said premises any and all of Lessee's property and
improvements remaining thereon, to restore said portion of the
terminal building and land adjacent thereto to the condition
specified above, and to charge all costs incurred by City in so
doing to Lessee. Lessee agrees to pay such costs of removal and
restoration incurred by City. Failure by the Director of Aviation
to notify Lessee of when this Lease shall terminate shall not
extend the initial term of this Lease, or any extension of said
term granted in accordance with this article.
ARTICLE VII
RENTALS AND FEES
Section 7.01 - Rental for Exclusive Terminal Building Space.
Rental for the 7,580 square feet of exclusive leased space
within the terminal building of the Airport, as described in
Section 2.01, shall consist of a fixed fee of $5.63 per sq. ft. per
year (to cover debt service) and a variable sum for Maintenance and
Operation (M & O) costs. The M & O portion of the rental shall be
subject to adjustments retroactively and prospectively as follows:
Effective April 1, 1988, the M & O portion of the rental shall be
$2.87 per sq. ft. per year. Effective October 1, 1988, and each
year thereafter on the same month and day for the remainder of this
Lease, the M & O portion of the rental shall be adjusted upward or
downward in accordance with the increase or decrease for the same
period of time in the Consumer Price Index published by the Bureau
of Labor Statistics of the United States Government, hereinafter
called "CPI." In addition to any increase or decrease in the M & O
portion of the rental resulting from changes in the CPI, $1.00 per
sq. ft. will automatically be added to the M & O rate effective
October 1, 1988, and an additional $1.00 per sq. ft. will likewise
automatically be added to such rate on the same month and day of
the next two succeeding years.
Notwithstanding the date on which this Lease is executed,
Lessee herein agrees to pay City rentals for the Exclusive Leased
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Premises retroactively in accordance with this Section 7.01 as
though this Lease had been executed and became effective on April
1, 1988. However, in calculating such rentals, Lessee shall be
given credit for those exclusive space rentals already paid to City
since April 1, 1988. Any rentals due City after such calculations
are made shall be immediately due and payable upon execution of
this Lease. If such calculations indicate that exclusive space
rentals have been overpaid, Lessee shall receive a credit for such
overpayments.
Section 7.02 - Landing Fee. Effective October 1, 1988, the
fee for the use of the landing area and facilities necessary
therefor as granted hereunder, except those for which rentals are
specifically provided elsewhere herein, shall be .45 per 1,000
pounds of the approved maximum gross landing weight of each actual
flight operated. Effective October 1, 1991, the fee for the use of
such landing area and facilities shall be 5.50 per 1,000 pounds of
the approved maximum gross landing weight of each actual flight
operated. Effective October 1, 1994, the fee for the use of such
landing area and facilities shall be .55 per 1,000 pounds of the
approved maximum gross landing weight of each actual flight
operated. Effective October 1, 1997, the fee for the use of such
landing area and facilities shall be 60 per 1,000 pounds of the
approved maximum gross landing weight of each actual flight
operated.
Notwithstanding the date on which this Lease is executed,
Lessee herein agrees to pay City landing fees retroactively in
accordance with this Section 7.02 as though this Lease had been
executed and became effective on October 1, 1988. However, in
calculating such fees, Lessee shall be given credit for those
landing fees already paid to City since October 1, 1988. Any
landing fees due City after such calculations are made shall be
immediately due and payable upon execution of this Lease. If such
calculations indicate that landing fees have been overpaid, Lessee
shall receive a credit for such overpayments.
Not later than the fifth day of each month, Lessee shall file
with the Director of Aviation a report of Lessee's actual landings
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at the Airport for the preceding month, which report shall include
the number and type of aircraft making such landings. Lessee shall
further provide the City with a summary of the approved maximum
gross landing weights for each type of aircraft it operates at the
Airport.
Section 7.03 - Rental for Common Use Area.
A. Common Bag Claim Area
As a result of expansion and remodeling of the terminal
building at the Airport, there is now approximately 16.939 square
feet of common bag claim area within the terminal building, as
shown on Exhibit A attached hereto and by reference made a part
hereof. Rental for the 16,939 sq. ft. common bag claim area shall
be charged jointly to Lessee and all other Certificated Passenger
Air Transportation Companies which now or may hereafter have valid
leases at the Airport according to the common bag claim area
formula, as hereinafter defined, and Lessee herein agrees to pay
its pro rata portion of such rental, which shall consist of a fixed
fee of $5.63 per sq. ft. per year (to cover debt service) and a
variable sum for Maintenance and Operation (M & 0) costs. The M &
0 portion of the common bag claim area rental shall be subject to
adjustments retroactively and prospectively as follows: Effective
April 1, 1986, the M & 0 portion of the rental shall be $2.87 per
sq. ft. per year. Effective October 1, 1988, and each year
thereafter on the same month and day for the remainder of this
Lease, the M & O portion of the rental shall be adjusted upward or
downward in accordance with the increase or decrease for the same
period of time in the Consumer Price Index published by the Bureau
of Labor Statistics of the United States Government, hereinafter
called "CPI." In addition to any increase or decrease in the M & 0
portion of the rental resulting from changes in the CPI, $1.00 per
sq. ft. will automatically be added to the M & 0 rate effective
October 1, 1988, and an additional $1.00 per sq. ft. will likewise
automatically be added to such rate on the same month and day of
the next two succeeding years.
Notwithstanding the date on which this Lease is executed,
Lessee herein agrees to pay City rentals for use of the common bag
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claim area retroactively in accordance with this Section 7.03 as
though this Lease had been executed and became effective on April
1, 1988. However, in calculating such rentals, Lessee shall be
given credit for those bag claim area rentals already paid to City
since April 1, 1988. Any bag claim area rentals due after such
calculations shall be immediately due and payable upon execution of
this Lease. If such calculations indicate that bag claim area
rentals have been overpaid, Lessee shall receive a credit for such
overpayments.
The total common bag claim area charges shall be prorated
among all Certificated Passenger Air Transportation Companies at
the Airport based on the following formula: 20% of the total
charges shall be divided equally among all Certificated Passenger
Air Transportation Companies and the remaining 80$ prorated based
on each such carrier's percentage of enplanements in the preceding
month. Not later than the fifth day of each month, the Lessee
shall file with the Director of Aviation a summary of the actual
number of passenger enplanements on Lessee's aircraft and the
actual number of departures of Lessee's aircraft from the Airport
for the preceding month. Lessee agrees to pay its calculated pro
rata amount of common bag claim area rental monthly in accordance
with the above common bag claim area formula.
B. Common Boarding Lounge Area
When City and Lessee executed the April 28, 1977 agreement
hereinbefore mentioned, there were 26.789 square feet of space and
six (6) loading gates available for use as common boarding lounge
area by all Certificated Passenger Air Transportation Companies
that had valid leases at the Airport. However, as a result of
expansion and remodeling of the terminal building at the Airport
and negotiations with air carriers that provide Air Transportation
services at the Airport, approximately 51,685 square feet of space
and nine (9) loading gates are now available for use as common
boarding lounge area. Both City and Lessee agree that for purposes
of this Lease the common boarding lounge area shall consist of
those six (6) gates designated as common boarding lounge area on
Exhibit A attached hereto and by this reference made a part hereof,
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but such common area shall be enlarged to include an additional
gate for each Certificated Passenger Air Transportation Company
that either begins or has already begun providing Air
Transportation services at the Airport after January 1, 1987.
Effective April 1, 1988, the base rental rate for the common
boarding lounge area shall be $2.87 per sq. ft. per year.
Effective October 1, 1988, and each year thereafter on the same
month and day for the remainder of this Lease, the base rental rate
for the common boarding lounge area shall be adjusted upward or
downward in accordance with the increase or decrease for the same
period of time in the Consumer Price Index published by the Bureau
of Labor Statistics of the United States Government, hereinafter
called "CPI." In addition to any increase or decrease in the base
rental rate resulting from changes in the CPI, $1.00 per sq. ft.
will automatically be added to the base rental rate effective
October 1, 1988, and a like sum shall automatically be added to
such base rental rate on the same month and day of each of the next
two succeeding years so that the base rental rate, subject to
adiustment for changes in the CPI, shall be as follows:
(a) April 1, 1988, to October 1, 1988 -- $2.87 per sq. ft.
per year x 51,685 square feet = $148,335.95 (yearly
rental),
(b) October 1, 1988, to September 30, 1969 -- $3.87 per sq.
ft. per year x 51,685 square feet = $200,020.95 (yearly
rental),
(c) October 1, 1989, to September 30, 1990 -- $4.87 per sq.
ft. per year x 51,685 square feet = $251,705.95 (yearly
rental);
(d) October 1, 1990, to September 30, 1991 -- $5.87 per sq.
ft. per year x 51,685 square feet = $303,390.95 (yearly
rental).
Rental of the common boarding lounge area shall be charged
jointly to all Certificated Passenger Air Transportation companies
which now or may hereafter have leases at the Airport according to
the common boarding lounge area formula, as hereinafter defined,
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and in accordance with the following calculation, and Lessee herein
agrees to pay its pro rata portion of such rental:
(6/9 X base rental rate X 51,685 square feet = annual
rental)
However, the fraction in the above calculation shall be
enlarged by one -ninth each time that a Certificated Passenger
Air Transportation Company either has begun or does begin
providing Air Transportation services at the Airport after
January 1, 1987. In like manner, the fraction shall be
reduced by one -ninth whenever any Certificated Passenger Air
Transportation Company ceases providing Air Transportation
services at the Airport after January 1, 1987. Except,
however, such fraction shall not be reduced if any
Certificated Passenger Air Transportation Company with an
unexpired lease takes bankruptcy and refuses to surrender its
lease or allow the City to reclaim the space so occupied by
such Air Transportation Company for any reason whatsoever.
City and Lessee hereby agree that two (2) new Certificated
Passenger Air Transportation Companies commenced providing Air
Transportation services at Lubbock International Airport after
January 1, 1987, and that the fraction in the formula as above set
forth shall be adjusted in accordance with the above described
procedure from the dates such new Air Transportation Companies
commenced services, which dates were November 12, 1987, and January
31, 1989, respectively.
Notwithstanding the date on which this Lease is executed,
Lessee herein agrees to pay City retroactively in accordance with
this Section 7.03 its pro rata portion of the common boarding
lounge area rental as though this Lease had been executed on April
1, 1988. However, in calculating such rentals, Lessee shall be
given credit for those boarding lounge area rentals already paid to
City since April 1, 1988. Any boarding lounge area rentals due
City after such calculations are made shall be immediately due and
payable upon execution of this Lease. If such calculations
indicate that boarding lounge area rentals have been overpaid,
Lessee shall receive a credit for such overpayments.
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The total common boarding lounge area charges shall be
prorated among all Certificated Passenger Air Transportation
Companies at the Airport based on the following formula: 20% of the
total charges shall be divided among all Certificated Passenger Air
Transportation Companies based on the percentage of departures in
the previous month, and So% shall be prorated based on each such
carrier's percentage of enplanements in the previous month. Lessee
agrees to pay its calculated pro rata amount of common boarding
lounge area rental monthly in accordance with the above common
boarding lounge area formula.
Loading gates which have not been designated as common
boarding lounge area shall not be considered as such unless added
to the common area in accordance with this Section 7.03. However,
Lessee may at no additional charge utilize the loading gates not
included in the common area for diversion or off -schedule
operations. Lessee may similarly use these loading gates for
charter flights after negotiating a use fee with the Airport Board
of City. City herein agrees to train Lessee's personnel to operate
such loading gates for these purposes.
Section 7.04 - Rental for Public Address System. Lessee shall
pay a rental rate of $5.00 per month per microphone connection
located on the Exclusive Leased Premises and the non-exclusive use
premises. The rental rate per month will be adjusted when
necessary to reflect the charges imposed on the City to provide
this service.
The microphones located on the non-exclusive use premises will
be provided for use in conjunction with other Certificated
Passenger Air Transportation Companies which now or may hereafter
have valid leases at the Airport. These companies shall provide
City with a written schedule of the pro rata rental due by each
Lessee hereunder and Lessee agrees to pay its stated pro rata
amount monthly. The pro rata schedule so furnished to City shall
remain in effect until such time as City is provided a revised
schedule of the pro rata rental amounts executed by all said
Lessees, which revised schedule shall remain in effect until
similarly modified.
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Section 7.05 - Aircraft Storage. City shall have the right to
designate apron parking areas for the storage of Lessee's aircraft.
Section 7.06 - Time of Payment. Lessee agrees to pay City the
rentals, fees and charges due hereunder at such place as City may
from time to time designate. Unless otherwise herein stated, the
rental for the Exclusive Leased Premises shall be payable monthly
in advance on or before the last day of such month. Unless
otherwise herein stated, all other rentals, fees and charges shall
be payable in monthly installments covering the preceding calendar
month of operation.
In the event that the commencement or termination of this
agreement falls on any date other than the first or last day of a
calendar month, the applicable rentals, fees and charges (except
landing fees and rentals, fees and charges that are pro rated on
the basis of passenger enplanements, aircraft departures and/or
other such use measurements) for that month shall be paid on a pro
rata basis according to the number of days during which said
particular premises, facilities, rights, licenses, services and
privileges were enjoyed.
City shall, after the end of each calendar month, transmit to
Lessee a statement of the rentals, fees and charges incurred by
Lessee during said month as hereinabove provided. Payment shall be
made by Lessee on or before the 25th day of the month in which such
statement is transmitted.
Lessee shall pay City a late payment charge of five per cent
(5%) of the total amount of rentals, fees and other charges payable
if payment is not made when due.
Section 7.07 - Default for Failure to Pay Rentals, Fees and
Charges. It is expressly agreed that time of payment of the
rentals, fees and charges hereinabove provided is of the essence in
this entire Lease. Therefore, if Lessee fails to pay any rentals,
fees or charges due hereunder within thirty (30) days after City
transmits a statement therefor to Lessee, City may, at its option,
upon fifteen (15) days written notice to Lessee (unless in such
fifteen day period Lessee shall have corrected such failure to pay)
immediately, or at any time thereafter, enter into and upon the
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Exclusive Leased Premises, or &hti part thereof in the name of the
whole, and repossess said premises. In said event, City may expel
Lessee and those claiming by, through or under Lessee and remove
Lessee's effects from Airport property forcibly, if necessary,
without being deemed guilty of trespass and without prejudice to
any remedy which otherwise might be used for breach of covenant or
to collect rentals, fees and charges in arrears. Upon such re-
entry this Lease shall terminate.
ARTICLE VIII
READJUSTMENT OF RENTALS, FEES AND OTHER CHARGES
Section 8.01 - Procedure for Readjustment of Rentals, Fees and
Other Charges. On April 1, 1991, and every three (3) calendar
years thereafter that this Lease remains in effect, all rentals,
fees and other charges for the use of any one or all of the
premises and facilities leased hereunder for the succeeding three-
year period shall be subject to renegotiation upon written notice
by either party hereto ninety (90) days prior to the beginning of
the next three-year period. Either party giving notice shall, at
the time, furnish the other party with a reasonably detailed
statement supporting the proposed adjustment.
ARTICLE IX
RIGHTS AND PRIVILEGES RESERVED BY CITY
Section 9.01 - Right to Charge Use Fees to Others. Nothing in
this Lease shall be deemed to restrict in any manner City's right
to charge any person, partnership, firm, association or corporation
fees and rentals for the use of City's property or any improvements
thereon where such use of said property or improvements is of a
regular or permanent nature, as distinguished from a temporary or
transitory nature, or where such use is of such a nature as to
constitute the performance of a commercial business at the Airport.
In addition, City shall have the right to charge persons,
partnerships, firms, associations and corporations a fee no less
than that set forth in mutual assistance ground services
agreements, as revised from time to time. This fee shall be
applicable to, but not limited to, fees for ramp use, jetway use,
gate use, training flights and aircraft storage and landing fees,
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which shall never be less than i25t of the landing fee charged
Lessee as set out in Section 7.02 hereof.
Section 9.02 - Riaht to Improve and Protect the Airport. In
addition to any other rights herein retained, City specifically
reserves the following rights and privileges:
(A) The right to further develop or improve the landing area
and other portions of the Airport as City deems
necessary. City agrees to advise Lessee of any proposed
capital expenditure in excess of $100,000 and to consult
with Lessee prior to undertaking such capital
expenditure. However, nothing in this section 9.02 or
elsewhere in this Lease shall be construed as a
delegation of the City's authority to determine when such
capital expenditures are deemed necessary. If feasible,
such improvements shall be made in a manner which will
cause Lessee as little inconvenience as possible. Lessee
shall not be assessed any rentals, fees or other charges
for such improvements unless Lessee occupies or utilizes
such improvements either exclusively or in conjunction
with other air carriers, or the improvements are required
by the Federal Aviation Administration or for the safe
operation of the Airport.
(B) The right to take any action City considers necessary to
protect the aerial approaches of the Airport against
obstruction, together with the right to prevent Lessee
from erecting or permitting to be erected any building or
other structure on the Airport which, in the opinion of
City, would limit the usefulness of the Airport or
constitute a hazard to aircraft.
(C) The right during time of war or national emergency to
lease the Airport or any part thereof to the United
States Government for military use. In the event any
such Lease is executed, the rights and privileges granted
Lessee in this instrument insofar as they are
inconsistent with the rights and privileges granted to
the Government shall be suspended.
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ARTICLE X
INDEMNIFICATION, INSURANCE AND BONDS
Section 10.01 - Indemnification. Etc.. The parties agree that
Lessee is and shall always be deemed to be an independent
contractor and operator and not an agent or employee of City with
respect to Lessee's acts and omissions hereunder.
The Lessee agrees that it will indemnify and save the City
harmless from all claims arising out of any demands of contractors,
subcontractors, laborers, workers, suppliers, mechanics,
materialmen and furnishers of equipment or parts thereof, which
claims may be incurred by the activities of Lessee at the Airport
or by reason of any improvements, alterations, construction or
installation on the Exclusive Leased Premises.
Lessee shall indemnify fully and save harmless the City, its
officers, agents and employees from any and all claims and actions
and any and all expenses incidental to the investigation and
defense thereof, based upon or arising out of damages or injuries
to third persons or their property, and caused by the fault or
negligence of Lessee, its contractors, agents or employees in the
construction, use or occupancy of the facilities, premises and
privileges hereunder; provided, however, that the City shall
indemnify fully and save harmless Lessee, its officers, agents and
employees from any and all claims and actions and any and all
expenses incidental to the investigation and defense thereof, based
upon or arising out of damages or injuries to third persons or
their property, and caused by the fault or negligence of the City,
its agents or employees, or arising out of or as a result of the
condition of any of the publicly used premises in or about said
Airport, but such indemnification shall never exceed the limits of
exposure set forth in the Texas Tort Claims Act when such claims or
actions fall within the terms of said Act. City shall give to
Lessee prompt and reasonable notice of any claims or actions
against City, and failure to so notify Lessee shall relieve Lessee
of its obligations to indemnify the City therefor. In all cases
where Lessee is obligated to indemnify and save harmless the City
as hereinabove provided, Lessee shall have the right to
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investigate, compromise and defend any such claims or actions to
the extent of its own interest, and Lessee shall cooperate with
City and protect City's interest to this end. In all cases where
City is required to indemnify and save harmless Lessee as
hereinabove provided, City shall have the right to investigate,
compromise and defend any such claims or actions to the extent of
its own interest, and City shall cooperate with Lessee and protect
Lessee's interest to this end.
Section 10.02 - Insurance. Lessee shall procure and keep in
effect at all times during the term of this Lease the forms of
insurance set forth in this Section 10.02. All policies or
certificates shall contain a provision requiring the insurers to
give the City written notice of cancellation or of any material
change in said policies or certificates at least thirty (30) days
in advance of the effective date of such cancellation or material
change. Each policy shall also contain a provision waiving the
right of such insurers to subrogation.
Lessee shall maintain all insurance required hereunder with
insurance underwriters authorized to do business in the State of
Texas and satisfactory to City. All policies shall name the City,
its officers, servants, agents and employees as additional
insureds. Before the initial term of this agreement commences,
Lessee shall furnish City with certificates of insurance which
indicate that all insurance and provisions required hereunder are
in full force and effect or shall provide City with certified
copies of said policies.
(A) Fire Insurance - Lessee shall insure for fire and
extended coverage risks all of Lessee's improvements on
the Exclusive Leased Premises. Such insurance shall be
in an amount equal to the full insurable replacement
value of such improvements. All fire insurance policies
shall contain loss payable endorsements in favor of the
parties as their respective interests may appear
hereunder. City agrees that any payments received from
such insurers as a result of loss under such policies
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shall be applied toward repair and reconstruction of said
leasehold improvements.
(B) Public Liability and Property Damage Insurance - Prior to
undertaking any activities at the Airport, Lessee shall
obtain comprehensive general liability insurance for the
protection of the City, its officers, agents and
employees. Lessee shall provide public liability
insurance for personal injuries or death arising out of
any one accident or event in a minimum sum of Three
Hundred Thousand Dollars ($300,000.00) for one person and
Two Million Dollars ($2,000,000.00) for any one accident
and, in addition, shall provide property damage liability
insurance in a minimum sum of Two Hundred Fifty Thousand
Dollars ($250,000.00) for property damage arising out of
any one accident or event. Insurance coverages required
of Lessee shall be subject to adjustment from time to
time to comply with any changes in minimum requirements
determined by City to be necessary.
ARTICLE XI
DAMAGE OR DESTRUCTION OF LEASED PREMISES
Section 11.01- Partial Damage. If the Exclusive Leased
Premises are partially damaged by fire, explosion, the elements, a
public enemy or other casualty, but not rendered untenantable, the
same will be repaired with due diligence by City at its own cost
and expense; provided, however, that if the damage is caused by an
act or omission of Lessee, its sublessees, agents or employees,
Lessee shall be responsible for repairing said premises and shall
pay the cost therefor.
Section 11.02 - Extensive Damage. If damage from fire,
explosion, the elements, a public enemy or other casualty is so
extensive as to render that portion of the Exclusive Leased
Premises situated within the terminal building untenantable but
capable of being repaired in thirty (30) days, the same shall be
repaired with due diligence by City at its own cost and expense,
and the rent payable herein with respect to such premises shall be
paid proportionately to the time of such damage and thereafter
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cease until such time as the premises are fully restored; provided,
however, that if the damage is caused by an act or omission of
Lessee, its sublessees, agents or employees, Lessee shall be
responsible for repairing said premises and shall pay the cost
therefor. During any such period where Lessee is responsible for
repairing said premises under the terms of this paragraph, the
usual rental shall be payable.
The abatement of rental for the Exclusive Leased Premises, as
aforesaid, shall not be construed as a waiver of other fees due and
payable under the terms of Article VII.
Section 11.03 - Complete Destruction. In the event the
Exclusive Leased Premises are completely destroyed by fire,
explosion, the elements, a public enemy or other casualty, or so
damaged that they will remain untenantable for more than thirty
(30) days, City shall be under no obligation to repair or
reconstruct said premises, and rent payable hereunder and
attributable to such destroyed premises shall be paid
proportionately to the time of such damage or destruction and shall
thereafter cease until such time as the premises are fully
restored. If within one hundred fifty (150) days after the time of
such damage or destruction said premises shall not have been
repaired or reconstructed, or other reasonable facilities provided
in lieu thereof, Lessee may cancel this Lease in its entirety or
such part of this Lease that pertains to the Exclusive Leased
Premises by giving City written notice of such cancellation.
Notwithstanding the foregoing, if the Exclusive Leased
Premises and adjoining premises are completely destroyed as a
result of an act or omission by Lessee, City may, in its
discretion, require Lessee to repair or reconstruct the Exclusive
Leased Premises and adjoining premises and pay the costs therefor.
During any such period where Lessee repairs said premises under the
terms of this paragraph, the usual rental shall be payable.
section 11.04 - Right to Recover Damages. Nothing in this
Lease shall be construed as a waiver of the right of either City or
Lessee to recover damages from the other arising out of the fault
or negligence of the other.
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Section 11 05 - Limit of City's Obligations Defined. It is
understood that in the application of the foregoing Sections 11.01,
11.02 and 11.03, City's obligations shall be limited to repair or
reconstruction of the Exclusive Leased Premises to the same extent
and quality that existed at the commencement of this Lease.
Redecoration and replacement of furniture, equipment and supplies
shall be the responsibility of Lessee and any such redecoration and
refurnishing/re-equipping shall be of equivalent quality to that
originally installed hereunder within the Exclusive Leased
Premises.
ARTICLE XII
TERMINATION OF LEASE
CANCELLATION, ASSIGNMENT AND TRANSFER
Section 12.01 - Termination. This Lease shall terminate at
the end of the full term hereof, or earlier as provided in Sections
12.02 and 12.03, and Lessee shall have no further right or interest
in the Exclusive Leased Premises and the non-exclusive use
premises, except as provided in Article VI and in Article XIII.
Section 12.02 - Cancellation by Lessee. This Lease shall be
subject to cancellation by Lessee after the occurrence of any one
or more of the following events:
(A) The permanent abandonment of the Airport as an airline
terminal or the permanent removal of scheduled airline
service from the Airport.
(B) 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 to substantially restrict
Lessee for a period of at least ninety (90) days from
operating thereon.
(C) The issuance of an injunction by any court of competent
jurisdiction which prevents or restrains the use of the
Airport, or any substantial part thereof, for Airport
purposes, provided such injunction remains in force for a
period of at least ninety (90) days.
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v
(D) The inability of Lessee to use the Airport for a period
in excess of ninety (90) days or to enjoy any of the
rights, licenses, services or privileges granted to
Lessee hereunder as a result of fire, explosion,
earthquake or other casualty or act of God or a public
enemy, provided that the same is not caused by negligence
or willful acts or failure to act on the part of Lessee,
its sublessees, agents or employees.
(E) Any failure or refusal by the Federal Aviation
Administration which prevents Lessee from operating into,
from or through said Airport such aircraft as Lessee may
reasonably desire to operate.
(F) The default by City in the performance of any covenant or
agreement herein required to be performed by City and the
failure of City to remedy such default for a period of
ninety (90) days after receipt from Lessee of written
notice to remedy the same; provided, however, that no
notice of cancellation, as below required, shall be of
any force or effect if City shall have remedied the
default prior to the receipt of Lessee's notice of
cancellation.
Lessee may exercise such right of cancellation by giving the
Director of Aviation sixty (60) days advance written notice at any
time after the lapse of the applicable period of time herein
stated, and this Lease shall terminate at the end of such sixty
(60) day period. Rental due hereunder shall be payable only to the
date of said termination, except such portion of the rental
attributable to the Exclusive Leased Premises when such premises
shall have been completely destroyed by fire, explosion, the
elements, a public enemy or other casualty, and such premises
remain untenantable for more than thirty (30) days, in which event
the rental shall be payable as provided in Article XI, Section
11.03 hereof.
Lessee's performance of all or any part of this Lease for or
during any period(s) after failure of the City to perform any of
the terms, covenants and conditions herein contained shall not be
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deemed a waiver of any right Lessee has to cancel this Lease for
any subsequent failure by City to so perform, keep or observe any
of the terms, covenants or conditions hereof.
Section 12.03 - Cancellation by City. This Lease shall be
subject to cancellation by City after the occurrence of any one or
more of the following events:
(A) The taking by a court of competent jurisdiction of Lessee
and its assets pursuant to proceedings brought under the
provisions of any federal reorganization act.
(B) The appointment of a receiver of Lessee's assets.
(C) The divestiture of Lessee's assets herein by other
operation of law.
(D) The abandonment by Lessee of its Air Transportation
business at the Airport for a period of thirty (30) days
or more.
(E) The default by Lessee in the performance of any covenant
or agreement herein required to be performed by Lessee
and the failure of Lessee to remedy such default for a
period of sixty (60) days after receipt of written notice
by City to remedy same, except that default for failure
to pay any rentals, fees or charges shall be governed by
Section 7.07.
(F) The lawful assumption by the United States Government, of
the operation, control or use of the Airport, or any
substantial part or parts thereof, or any authorized
agency thereof, in such a manner as to substantially
restrict Lessee for a period of at least ninety (90) days
from operating thereon.
(G) In addition to the foregoing, all rights, privileges and
interests acquired hereunder by Lessee may, at the option
of city and following written notice of ninety (90) days,
be suspended or finally terminated if such suspension or
termination is found by City, acting in good faith, to be
necessary to enable the City to undertake construction
for expansion of the terminal building, or to secure
federal financial aid for the development of the Airport,
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or for the development or promotion of aeronautical
operations thereon.
If any of the aforesaid events occur, City may enter the
Exclusive Leased Premises and take immediate possession of the same
and remove Lessee's effects. Upon said entry this Lease shall
terminate, and any rental due hereunder shall be payable to said
date of termination.
It is agreed that failure to declare this Lease terminated
upon the default of Lessee for any of the reasons set forth above
or in Section 7.07 hereof shall not operate to bar or destroy the
right of City to declare this Lease null and void as a result of
any subsequent violation of the terms of this Lease.
Section 12.04 - Notice of Termination. If any of the events
enumerated in Section 12.03 shall occur, City may cancel and
terminate this Lease by giving Lessee five (5) days written notice,
such cancellation and termination to be effective upon the date
specified in such notice. Rental due shall be payable only to the
date of cancellation.
Section 12.05 - Assignment and Subletting. Lessee shall not
sell, assign or transfer this Lease, or any part thereof, and shall
not sublease all or any portion of the Exclusive Leased Premises
without the prior written consent of the Director of Aviation;
provided, however, that Lessee may assign this Lease to any
corporation with which Lessee may merge or consolidate or which may
succeed to the Air Transportation business of Lessee.
ARTICLE XIII
PROPERTY RIGHTS UPON TERMINATION
Section 13.01 - Lessee's Right of Removal. Upon cancellation
or termination of this Lease for any reason, Lessee shall have the
right for a period of thirty (30) days after the date on which
notice of termination is placed in the United States mail, as
provided in Article XIV, Section 14.17 hereinafter, to remove any
or all of its property from the Airport. Furthermore, within said
thirty (30) day period, Lessee shall restore said premises to the
condition in which they existed at the commencement of this Lease,
damage by the elements, fire, explosion or other casualty excepted,
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unless such damage occurs as a result of an act or omission of
Lessee, its sublessees, agents or employees, in which event Lessee
shall repair and restore said premises as aforesaid.
Section 13.02 - City's Rights at Termination. Title to any
and all improvements and property not removed by Lessee prior to
the expiration of the aforesaid thirty (30) day period shall vest
in City; provided, however, that City reserves the right to require
Lessee to remove such improvements and property, the cost of which
shall be borne by Lessee in the event City removes same on failure
of Lessee to perform its obligation hereunder.
City also reserves the right to charge a reasonable rental for
any period of continued occupancy by Lessee after cancellation or
termination of this Lease; provided, however, that no charge shall
be made to Lessee if Lessee shall remove its property from the
Exclusive Leased Premises within the aforesaid thirty (30) day
period.
ARTICLE XIV
GENERAL PROVISIONS
Section 14.01 - Other Ordinances. This Lease supersedes all
prior ordinances and any amendments thereto passed by the City
Council of City and which pertain to rental rates and landing fees
at the Airport.
Section 14.02 - Arbitration. In any event, and
notwithstanding any provisions made in this Lease, City and Lessee
agree to submit to arbitration any question or dispute, except
nonpayment of rentals, fees or other charges, arising between said
parties and requiring an interpretation of any term, condition or
covenant herein contained, or concerning any matter of compliance
or noncompliance with the terms of this Lease. Before submitting
any question or dispute to arbitration, City and Lessee shall each
select one arbitrator and the two so chosen shall then select a
competent and disinterested third arbitrator; and the three
arbitrators collectively shall then consider the question or
dispute submitted to them in writing by the parties hereto. The
decision in writing of any two arbitrators shall determine the
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i
particular question or dispute under consideration. The parties
hereto shall bear equally the expense of said arbitration.
Section 14.03 -'Nondiscrimination. The Lessee for itself, its
personal representatives, successors in interest and assigns, as a
part of the consideration hereof, does hereby covenant and agrees
as a covenant running with the land that: (1) no person on the
grounds of race, color or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said Airport facilities; (2) that
in the construction of any improvements on, over or under such land
and the furnishing of services thereon, no person on the grounds of
race, color or national origin shall be excluded from participation
in, denied the benefits of, or otherwise be subjected to
discrimination; (3) that the Lessee shall use the premises in
compliance with all other requirements imposed by or pursuant to 49
CFR Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may be
amended.
The Lessee assures that it will undertake an affirmative
action program as required by 14 CFR Part 152, Subpart E, to ensure
that no person shall on the grounds of race, creed, color, national
origin or sex be excluded from participating in any employment
activities covered in 14 CFR Part 152, Subpart E. The Lessee
assures that no person shall be excluded on these grounds from
participating in or receiving the services or benefits of any
program or activity covered by this subpart. The Lessee assures
that it will require that its covered suborganizations provide
assurances to the Lessee that they similarly will undertake
affirmative action programs and that they will require assurances
from their suborganizations, as required by 14 CFR Part 152,
Subpart E, to the same effect.
In the event of breach of any of the preceding
nondiscrimination covenants, City shall have the right to terminate
this Lease, and to reenter and repossess said land and the
facilities thereon, and hold the same as if said Lease had never
been made or issued.
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Section 14.04 - Rules and Regulations. City shall have the
right to and may from time to time adopt and enforce reasonable
rules and regulations, which Lessee agrees to observe and obey,
pertaining to the use of the Airport, public terminal building and
appurtenances, provided that such rules and regulations shall not
be inconsistent with rules, regulations or orders of the Federal
Aviation Administration pertaining to aircraft operations at the
Airport, or with the procedures prescribed or approved from time to
time by the Federal Aviation Administration pertaining to the
operation of Lessee's aircraft at the Airport.
Section 14.05 - Interpretation of Lease. Nothing in this
Lease shall be construed or interpreted in any manner whatsoever as
limiting, relinquishing or waiving any rights or ownership enjoyed
by City in the Airport property, or in any manner waiving or
limiting City's control over the operation, maintenance,
improvement or alteration of Airport property, or in derogation of
such governmental rights as City possesses, except as specifically
provided for herein.
Section 14.06 - Invalid Provisions. In the event any
covenant, condition or provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of
any such covenant, condition or provision shall in no way affect
any other covenant, condition or provision herein contained;
provided that the invalidity of such covenant, condition or
provision does not materially prejudice either City or Lessee in
its respective rights and obligations contained in the valid
covenants, conditions or provisions of this Lease.
Section 14.07 - Sponsor's Assurances. This Lease shall be
subject to the terms of the city's Sponsor's Assurances Agreement,
as amended. City represents that none of the provisions of this
Lease violate any of the provisions of said Sponsor's Assurances
Agreement, as amended.
Section 14.08 - Consent Not to be Unreasonably withheld.
Whenever consent is required hereunder by either City or Lessee,
such consent is not to be unreasonably withheld or delayed for an
unreasonable period of time.
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v
Section 14.09 - Redelivery of Premises. Lessee shall, upon
termination or cancellation of this Lease, quit and deliver up the
Exclusive Leased Premises to City peaceably, quietly and in the
condition in which they existed at the commencement of this Lease,
damage by the elements, fire, explosion or other casualty excepted
unless such damage occurs as a result of an act or omission of
Lessee, its sublessees, agents or employees.
Section 14.10 - Holding Over. In the event Lessee remains in
possession of the Exclusive Leased Premises after the expiration of
this Lease without any written renewal thereof, such holding over
shall not be deemed as a renewal or extension of this Lease, but
shall create only a tenancy from day to day which may be terminated
at any time by City subject, however, to the rights set forth in
Article XII hereof.
Section 14.11 - Inspection. City shall have the right at all
reasonable times to enter upon the Exclusive Leased Premises to
inspect said premises, to observe the performance by Lessee of its
obligations hereunder, and to do any act which City may be
obligated or have the right to do under this Lease.
Section 14.12 - Nonexclusive. It is hereby agreed that
nothing herein contained shall be construed to grant or authorize
the granting of an exclusive right prohibited by Section 308 of the
Federal Aviation Act of 1958, 49 U.S.C.S. 1349, as amended, and
City reserves the right to grant to others the privilege and right
of conducting any one or all of the aeronautical activities listed
herein, or any other activity of an aeronautical nature.
Section 14.13 - Lease Made in Texas. This Lease has been
executed in and shall be construed in accordance with the laws of
the State of Texas, and venue of any lawsuit filed by either party
concerning this Lease shall be in Lubbock County, Texas.
Section 14.14 - Successors. This Lease shall bind and inure
to the benefit of any successor of City and any successor, assignee
or sublessee of Lessee.
Section 14.15 - Headings. The article and section headings
contained herein are for convenience in reference and are not
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intended to define or limit the scope of any provision of this
Lease.
Section 14.16 - Time of Essence. Time is of the essence of
this Lease.
Section 14.17 - Notices. Notices to City provided for herein
shall be sufficient if sent by certified mail, postage prepaid, and
addressed to: Director of Aviation, Lubbock International Airport,
Route 3, Box 389, Lubbock, Texas 79401, and notices to Lessee, if
sent by certified mail, postage prepaid, and addressed to:
President, Southwest Airlines Company, 1820 Regal Row, Dallas,
Texas 75235, or to such other addresses as the parties may
designate to each other in writing from time to time.
Section 14.18 - Understanding of the Parties. A. Both parties
to this Lease agree and understand that the City of Lubbock has
created three classifications of Certificated Passenger Air
Transportation Companies that may provide Air Transportation
services at the Airport and that this Lease is the standard lease
for such air carriers that desire a long-term lease with the City
as defined in Section 1.01. The parties hereto recognize each of
the different classifications as defined in Section 1.01 of this
Lease and that the City of Lubbock may apply or agree to different
terms and conditions in creating business relationships with
Certificated Passenger Air Transportation Companies that fall into
a different classification than Lessee so long as the terms and
conditions agreed to, as to such other classified air carriers, are
consistent and uniform within each classification. It is further
understood that any Certificated Passenger Air Transportation
Company which desires a lease at the Airport with an initial term
of three (3) or more years will execute this standard long-term
lease and that the terms and conditions of this long-term lease
shall not change or be modified unless herein stated or agreed to
in writing by all Certificated Passenger Air Transportation
Companies at the Airport classified as holders of standard long-
term leases.
B. It is the further understanding of the parties hereto
that the City has classified Certificated Passenger Air
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Transportation Companies who desire to conduct business at the
Airport in accordance with the term of their lease or business
relationship with the City in order to provide the broadest
possible Air Transportation services to the general public, to
encourage new air carriers to test the market for these services in
the Lubbock area and to maintain a fee and rental structure for the
facilities and services being provided by the City through its
Lubbock International Airport which will make the Airport as self-
sustaining as possible.
C. It is the further understanding of the parties that the
City reserves the right to offer different terms and conditions to
Certificated Passenger Air Transportation Companies in different
classifications as herein defined so long as the terms and
conditions offered to the air carriers are the same or
substantially similar within each classification. However,
notwithstanding anything set forth in this Section 13.18, the
formulas for calculating rental for the common boarding lounge area
and common bag claim area will be followed by the City for all
classifications of Certificated Passenger Air Transportation
Companies doing business at the Lubbock International Airport.
Furthermore, City herein agrees not to assess Lessee any rates for
rentals, fees and other charges less favorable than those rates for
rentals, fees and other charges assessed to standard short-term
tenants and month -to -month tenants (as herein defined in Section
1.01) for comparable space or facilities. However, City reserves
the right to assess higher rates for rentals, fees and charges to
short-term and month -to -month tenants in the future.
This Lease shall be executed in triplicate and each executed
document shall be deemed to be an original document.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.01 - Security Charges. Notwithstanding anything to
the contrary contained in this Lease, a charge of twenty-five cents
(25¢) shall be assessed to Lessee for each of Lessee's enplaned
passengers at the Airport for backup security reimbursement.
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IN WITNESS WHEREOF, the Parties have hereunto set their hands
this 2214 day of 0 AA, -o , 19
ATTEST:
Ranet a Boyd, C ty Secre ary
APPROVED AS TO CONTENT:
GZ�(rtyl
Marvin Coffee, ratlector of Avation
APPROVED AS TO FORM:
LESSEE: CITY OF LUBBOCK, TEXAS
B.C. MCMI N, MAYOR
Harold Willard, AmEdtant C ty Attorney
LESSEE: SOUT HM
T AIRLINES CO.
ATTEST: 0-JAMES F PARKER • VICE PRESIDENT
GENERAL COUNSEL
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and
for Lubbock County, Texas, on this day personally appeared B.C.
McMINN, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed
the same as the act and deed of the City of Lubbock and as Mayor,
for the purposes and consideration therein expressed, and in the
capacity therein stated.
GTVEN UNDER MY HAND AND PEAL OF OFFICE THIS day of
19.
(vz� 18 f
Nota Publ c n and for
Lubbock County, Texas
My Commission Expires:
MY COMMISSIO
8ER 30, 1989
OLIVIA R. SOLIS
THE STATE OF TEXAS'n
COUNTY OF � j��4--)
BEFORE ME, a Notary Public 1,P
and fo sa County, Texas, on
this day personally appeared Q� m_r' t , known to me
to be the person whose name is bssccribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity
therein stated as the act and deed of Southwest Airlines Co.
GIVE�l UNDER MY HAND AND SEAL OF OFFICE THIS day of
co==00000000000000000000000000
Si �� �`o� MARY A. BRUNO
' Netary PUNC, State Of Texas
My COMM1610 Etpirea 11.25.19M
.� % �.�-
ot'arrPubl c in and forldz/o�
-L-abbb;5k County, Texas
My Commission Expires:
-43-
Lubbock International Airport
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Exclusive Ticketing and Office Area
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Lubbock International Airport
Passenger Terminal Building
Apron Level
Exhibit A
Southwest Airlines
Exclusive Operations/Cargo Area
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Lubbock International Airport
Passenger Terminal Building
Main Level
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