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HomeMy WebLinkAboutResolution - 4584 - Approves Airport Advertising Display Agreement Form - CM - Dispaly Leases, LIA - 08_25_1994Resolution No. 4584 Item #13 August 25, 1994 RESOLUTION WHEREAS, the City Council of the City of Lubbock enacted Resolution No. 4256, September 9, 1993, empowering the City Manager or his designee to approve routine contracts for goods and services involving an expenditure of $15,000.00 or less that are executed on standard City contract forms approved by the City Attorney; and WHEREAS, the City Council of the City of Lubbock enacted Resolution No. , to amend Resolution No. 4256, to include contracts for goods or services involving receipt of $15,000.00 or less; and WHEREAS, the City Attorney has prepared a form contract for advertising at Lubbock International Airport entitled "Airport Advertising Display Agreement", a copy of which is attached hereto as Exhibit A; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the attached contract entitled "Airport Advertising Display Agreement" is approved for use as a routine contract for advertising display leases at Lubbock International Airport. Said form is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: Betty M. fohnson, ity Secretary APPROVED AS TO CONTENT: Newsome, Interim Director of Aviation APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney 11.0ccdocs/AIRADRs.res August 3,1994 Resolution No. 4584 Item #13 August 25, 1994 AIRPORT ADVERTISING DISPLAY AGREEMENT THIS AGREEMENT, entered into this day of , 199� by and between LUBBOCK INTERNATIONAL AIRPORT (herein called "Airport") and (herein called "Advertiser"). WHEREAS, Lubbock International Airport, a division of the City of Lubbock, Texas, has areas available to lease for the display of advertising ; and WHEREAS, pursuant to City Council Resolution No. 4256, the City Manager, or his designee, who for purposes of this agreement is the Director of Aviation, have been authorized to approve routine contracts such as this one; and WHEREAS, Advertiser desires to lease space at the Airport for the purpose of displaying advertising for the following products or services, to -wit: NOW, THEREFORE, it is agreed between the parties as follows: L AIRPORT RESPONSIBILITIES A. Airport agrees to grant a lease to Advertiser for the area designated on Exhibit A and otherwise known as at the rate of S per month for a period of months beginning on the day of , 19 , for the purpose of advertising the above described products or services. B. Airport will retain control of the placement, maintenance and removal of advertising from the displays. C. Airport agrees to honor written requests to retain advertising copy and/or display items for a period not to exceed thirty (30) days if such request is received by Airport at least five (5) days prior to the last day on which said advertising copy and/or display items are to be displayed by Airport. If no request is received as provided above, however, Airport has no obligation to retain or return to Advertiser any advertising copy and/or display items. II. ADVERTISER RESPONSIBILITIES A. Advertiser agrees to lease the areas designated on Exhibit A from the Airport at the rate and for the period of time herein designated for the purpose of advertising the above described products or services and for no other purpose. B. Advertiser agrees to pay all shipping, copy and production costs unless otherwise specified herein. Shipping charges, if applicable, will be billed separately. C. Advertiser agrees to furnish sufficient display materials, including extras, and to submit them for approval by the Director of Aviation or his designee not later than three (3) weeks prior to contract start date. D. Advertiser agrees to furnish its own display material. Unless otherwise herein indicated, Advertiser must maintain all visual, audio and animated components of the display as part of this contract. Advertiser agrees to carry its own insurance and to release the Airport and Airport personnel from liability for any loss or damage to property of Advertiser resulting from fire, theft or other occurrence while on display under the terms of this Agreement. Advertiser shall indemnify and hold harmless the Airport and Airport personnel from any liability for any loss or damage occasioned by Advertiser's displays and/or the actions of Advertiser, its employees or agents. Advertiser shall be liable for any taxes levied against Advertiser which arise out of this Agreement or for the space herein leased, including, by way of illustration, sales and use taxes. E.. Advertiser agrees to abide by all state and federal laws and regulations, as well as all City of Lubbock ordinances and Airport rules and regulations now in force or hereafter promulgated during the term of this Agreement. F. Notwithstanding the other provisions herein, an Advertiser contracting for any telephone board advertising display(s) hereby agrees to reimburse the Airport the full and actual amount of any increase in the cost of service by the telephone company during the effective period of this Agreement. III. TIME OF PERFORMANCE This lease shall be in effect for the period of time hereinabove described unless otherwise terminated in accordance with terms or conditions stated in this Agreement or by written mutual consent of the parties. AIRPORT ADVERTISING DISPLAY AGREEMENT PAGE 2 IV. GENERAL CONDITIONS A. It is agreed that the Airport shall retain full authority of the manner in which the advertising is displayed, maintained and removed. Any complaints by Advertiser shall be in writing and, if said complaint is accepted by the Airport, the amount payable under this Agreement shall be decreased pro rata by the Director of Aviation for the Airport without otherwise affecting the Agreement. B. Airport reserves the right to reject any advertising copy, pictorial or otherwise, which, in the Airport's sole judgment: (a) is offensive to the moral standards of the community; (b) is false, misleading or deceptive; (c) is a violation or a potential violation of existing laws; (d) in any way reflects on the character, integrity or standing of any individual, firm or corporation; or (e) is not acceptable to Airport, its director or other city officials. The Airport's rights under this paragraph shall include the right to cancel this Agreement without penalty. C. Advertiser agrees to pay Airport for space leased according to the prices herein specified, all payments to be made to Airport upon receipt of invoices, in default of which payment Airport may, at its option, terminate this contract without prejudice to any right to compensation and damages for breach thereof, and any unpaid balance shall immediately be recoverable by Airport from Advertiser as liquidated damages. A finance charge of one and one-half percent per month will be added on unpaid invoices thirty (30) days past due. In the event of breach by Advertiser, Airport is authorized, but not obligated, to cease providing advertising space to Advertiser for the whole or any part of the term of this contract and upon such terms and conditions as Airport may determine. D. Performance of this contract by Airport is subject to the contingencies of transportation delays, strikes, unavoidable accidents, inability to obtain space by reasonable effort, or other causes beyond the reasonable control of Airport. E. Advertiser agrees to hold Airport harmless for any copyright or patent infringement claims arising out of the display of advertising on Airport prenvses. F. This Agreement is intended to encompass the complete and entire Agreement of the parties. Neither party has made or relied on any representations, stipulations or agreements other those expressly contained herein. No agent, officer, employee or other representative of either party AIRPORT ADVERTISING DISPLAY AGREEMENT PAGE 3 has the right or the authority to orally alter any of the terms or conditions contained in this Agreement. G. Neither party shall assign any rights or delegate any duties under this Agreement without obtaining the prior written consent of the other party. H. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of Texas. I. Should any clause, paragraph, sentence, phrase or word in this Agreement be determined to be void, unconstitutional or illegal, the remainder of this Agreement shall not be affected thereby. V. NOTICES Communications and details concerning this Agreement shall be directed to the following representatives: Director of Aviation (Advertiser) Lubbock International Airport (address) Route 3, Box 389 Lubbock, Texas 79401 Unless otherwise provided, any notice, tender or delivery to be given under this Agreement may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, to the above addresses. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. HW:dwbwd 1/A-AIRAD V.doc June 30, 1994 ADVERTISER: :11 AIRPORT ADVERTISING DISPLAY AGREEMENT PAGE 4 LUBBOCK INTERNATIONAL A I R P 0 R T SHIP DISPLAY MATERIAL TO: Lubbock International Airport - Administration 5401 N. Martin Luther King Lubbock, TX 79403 AIRPORT DISPLAY EXHIBIT A NEW TAKE OVER RENEWAL Advertiser Product Commencement Date r %00�