HomeMy WebLinkAboutResolution - 2015-R0162 - Ramp Area Use Agreement - Federal Express Corporation - 05/28/2015Resolution No. 2015-RO162
Item No. 6.21
May 28, 2015
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Ramp Area Use Agreement, by and
between the City of Lubbock and FEDERAL EXPRESS CORPORATION, and related
documents. Said Agreement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on May 28, 2015
GL0,<rR,WERTSON, MAYOR
ATTEST:
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Ret cca Garza, City S ere
APPROVED AS TO CONTENT:
Executive Director of Aviation
RES.Contract.FEDERAL EXPRESS CORPORATION
5.5.15
Resolution No. 2015-RO162
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
This Agreement is entered into at Lubbock, Texas, by and between the CITY OF
LUBBOCK, TEXAS, hereinafter referred to as "CITY", and FEDERAL EXPRESS
CORPORATION, hereinafter referred to as "LESSEE."
WITNESSETH:
WHEREAS, CITY owns and operates a public airport designated as Lubbock Preston
Smith International Airport and hereinafter called "Airport;" and
WHEREAS, LESSEE desires to have priority use of approximately 344,000 square feet
of ramp area ("Ramp Area" as hereinafter defined) at the Airport for the purpose of conducting
air cargo operations; and
WHEREAS, the Airport Board of the City of Lubbock has approved and recommends
that LESSEE be granted priority use of the Ramp Area for a term hereinafter designated; and
WHEREAS, the City Council of the City of Lubbock accepts the recommendation of the
Airport Board and finds that execution of this Agreement will properly serve the public interest
of the citizens of the City of Lubbock;
NOW THEREFORE, for and in consideration of the covenants and conditions herein
contained and other valuable consideration, CITY hereby authorizes LESSEE to exercise the
rights, powers, and privileges hereinafter set forth and does hereby grant to LESSEE priority use
of the Ramp Area whose location is designated on Exhibit "A" attached hereto and incorporated
herein by reference as part of this Agreement.
ARTICLE I
1.01. NON-EXCLUSIVE. It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an exclusive right to conduct air cargo
operations or otherwise to occupy and use Ramp Area.
1.02. PURPOSE. LESSEE'S use of the Ramp Area shall be for the sole purpose of
conducting air cargo operations, parking of aircraft owned and operated by LESSEE, its
subsidiaries, or others with whom LESSEE may from time to time contract for the conduct of air
cargo operations, and making incidental repairs to the aircraft that are necessary to the conduct of
LESSEE'S air cargo operations.
1.03. SIGNS. LESSEE shall have the right to place signs identifying its business at
locations on the Airport designated by the Executive Director of Aviation of the City of
Lubbock. Said signs shall be of a type, size, and design approved in writing by the Executive
Director of Aviation. The installation of such signs must comply with all City Codes and shall
be without cost to CITY.
ARTICLE 11
TERM
2.01. TERM. The initial term of this Agreement shall be for a period of five (5) years
commencing on April 1, 2015 and ending on March 31, 2020. In addition to the initial term,
LESSEE shall have the option to renew this Agreement for one (1) additional five (5) year
FEDERAL EXPRESS CORPORATION — 2
period. Notice of LESSEE'S intent to exercise a renewal option must be received in the office of
the Executive Director of Aviation at least thirty (30) days prior to the end of the initial term.
2.02 HOLDING OVER. In the event LESSEE continues its usage of the Ramp Area
after the expiration of this Agreement, without any written renewal or extension of this
Agreement, such holding over shall not be deemed as a renewal or extension of the same, and
may be terminated at any time by the Executive Director of Aviation of CITY.
ARTICLE III
FEES
3.01. RAMP USE FEE. As consideration for the privileges enumerated herein,
LESSEE shall pay to CITY a ramp use rental fee for 344,000 square feet at the rate of $.40 per
square foot per year. Annual rental will be ONE HUNDRED THIRTY-SEVEN THOUSAND
SIX HUNDRED AND N0/100 DOLLARS ($137,600.00) which shall be due and payable in
(12) equal monthly installments of ELEVEN THOUSAND FOUR HUNDRED SIXTY-SIX
AND 67/100 DOLLARS ($11,466.67) by the tenth (10a') day of every month of the term.
During the initial term of this Agreement, and during any renewal periods, the rental rates
will be adjusted upward or downward for each ensuing calendar year beginning January 1, 2017,
in direct proportion to the fluctuation in the U.S. Department of Labor, Bureau of Labor
Statistics Consumer Price Index (CPI) for All Urban Consumers. Any adjustment to the rental
rates resulting from changes in the CPI shall be determined by calculating the increase or
decrease in the CPI for the preceding twelve (12) months. Adjustments shall not exceed three
percent (3%) in any one year.
3.02 LANDING FEES. In addition to the ramp use rental fee, LESSEE shall also pay
CITY landing fees upon execution of this Agreement at the rate of 125% of the rate established
FEDERAL EXPRESS CORPORATION — 3
for Certified Passenger Air Transportation Companies (CPATC) operating under the standard
long-term agreement for Lubbock Preston Smith International Airport in effect for such air
carriers. If during the term of this Agreement, the CPATC and CITY agree to permit eligible
cargo carriers to pay a landing fee rate identical to the CPATC rate or less than the current 125%
rate set forth above, then such change shall be made upon written notice by CITY to LESSEE
and no amendment to this Agreement shall be required.
Not later than the fifth (5`h) day of each month, LESSEE shall file with the Executive
Director of Aviation a report of LESSEE'S actual landings at the Airport for the preceding
month, which report shall include the number and type of aircraft making such landings. Upon
receipt of such report, CITY shall transmit to LESSEE a statement of the landing fees incurred
by LESSEE for the preceding month. Payment shall be made by LESSEE to CITY on or before
the 25h day of the month in which such statement is transmitted. LESSEE shall further provide
CITY with a summary of the approved maximum gross landing weights for each type of aircraft
LESSEE operates at the Airport.
3.03. DEFAULT FOR FAILURE TO PAY FEES. If LESSEE fails to pay any fees due
hereunder within thirty (30) days after CITY transmits a statement therefore to LESSEE, CITY
may, at its option, upon fifteen (15) days written notice to LESSEE (unless in such fifteen (15)
day period LESSEE shall have corrected such failure to pay) immediately or at any time
thereafter, enter into and upon the Ramp Area or any part thereof in the name of the whole, and
repossess the same without being deemed guilty of trespass, or breach of this Agreement.
3.04. PAYMENTS. All payments that become due and payable by LESSEE shall be
made to the City of Lubbock at the office of the Executive Director of Aviation, Lubbock
Preston Smith International Airport, 5401 N. MLK Blvd., Unit 389, Lubbock, Texas 79403.
FEDERAL EXPRESS CORPORATION — 4
3.05. EXEMPTION FROM FUEL FLOWAGE FEES. Upon payment of landing fees
described in Section 3.02 of this Agreement, LESSEE will be exempt from any payments to the
CITY for fuel flowage fees.
ARTICLE IV
RIGHTS RESERVED TO CITY
The following rights are reserved to CITY, and LESSEE agrees that all rights, powers,
and privileges granted under the terms of this Agreement shall be subordinated to CITY's rights
as hereinafter stated.
4.01. AIRPORT HAZARDS. CITY reserves the right to take action it considers
necessary to protect the aerial approaches of the Airport against obstruction, together with the
right to prevent LESSEE from erecting or permitting the erection of 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.
4.02. AGREEMENT WITH UNITED STATES. During time of war or national
emergency, CITY shall have the right to enter into an agreement with the United States
government for military or naval use of all or part of the landing area, the publicly -owned air
navigation facilities, and other areas or facilities of the Airport. If any such agreement is
executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of
the agreement with the Government, shall be suspended.
4.03. SUBORDINATION OF LESSEE'S RIGHTS. This Agreement shall be
subordinate to the provisions of any existing or future agreement between the CITY and the
United States pertaining to the operation and maintenance of the Airport, the execution of which
has been or may be required as a condition precedent to the expenditure of federal funds for the
development of the Airport.
FEDERAL. EXPRESS CORPORATION — 5
4.04. SUSPENSION OF LESSEE'S RIGHTS. All rights, privileges, and interests
acquired herein by LESSEE, at the option of CITY, following sixty (60) days written notice to
LESSEE, may be suspended if such suspension is found by CITY, acting in good faith, to be
necessary to secure federal financial aid for the development of the Airport, or further
development of aeronautical operations thereon.
ARTICLE V
GENERAL CONDITIONS
This Agreement is granted subject to the following provisions and conditions:
5.01. RULES AND REGULATIONS. In conducting its business 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 rules, regulations, and ordinances of the City of Lubbock now in force or
hereafter prescribed or promulgated by authority or by law.
5.02. IMPROVEMENTS OR ALTERATIONS. LESSEE shall not make, permit, or
suffer any additions, improvements, or alterations to the Ramp Area without prior written
consent of CITY. Any such additions, improvements, or alterations made with the consent of
CITY shall be solely at the expense of LESSEE and unless such consent provides specifically
that title to the additions, improvements, or alterations so made shall vest in LESSEE, title
thereto shall at all times remain in CITY and such additions, improvements, or alterations shall
be subject to all terms and conditions of this instrument.
5.03. REMOVAL AND DEMOLITION. LESSEE shall not remove or demolish, in
whole or in part, any improvements that already exist on the Ramp Area without prior written
consent of CITY, which may, at its discretion, condition such consent upon the obligation of
FEDERAL EXPRESS CORPORATION — 6
LESSEE to replace the same improvements specified in such consent upon termination of this
Agreement. CITY shall not impose unreasonable conditions on its consent.
5.04. MECHANIC'S LIENS. LESSEE shall not bind or attempt to bind CITY for
payment of any money in connection with installations, alterations, additions, or repairs on the
Ramp Area or any of LESSEE'S equipment or facilities located on Ramp Area and shall not
permit any mechanic's, materialman's, or contractor's liens to arise against the Ramp Area or
any improvements, equipment, machinery, or fixtures thereon belonging to CITY, and LESSEE
expressly agrees that it will keep and save CITY harmless from all costs and damages resulting
from any lien or liens of any character created or that may be asserted through any act or thing
done by LESSEE.
5.05. DUTY TO DEFEND. In the event any mechanic's or other liens orders for
payment shall be filed against the Ramp Area or improvements thereon, or the property of CITY
located thereon, during the term of this Agreement, LESSEE shall within twenty (20) days cause
the same to be canceled and discharged of record by bond or otherwise, at the election and
expense of LESSEE, and shall also defend on behalf of CITY, at LESSEE'S sole cost and
expense, any action, suit, or proceeding which may be brought for the enforcement of such liens
or orders.
5.06. CITY'S RIGHT TO INSPECT. CITY, acting by and through the Executive
Director of Aviation or other designated representative, shall have the right to inspect the Ramp
Area at all reasonable times during the term of this Agreement and any extension thereof.
5.07. DUTY TO REPAIR. Except as provided herein, any property of CITY, or for
which CITY may be responsible, which is damaged or destroyed incident to the exercise of the
rights or privileges herein granted, or which damage or destruction is occasioned by the
FEDERAL EXPRESS CORPORATION — 7
negligence of LESSEE, its employees, agents, servants, patrons, or invitees, shall be properly
repaired or replaced by LESSEE to the satisfaction of the Executive Director of Aviation of
CITY, or in lieu of such repair or replacement, LESSEE shall, if so required by the Executive
Director of Aviation, pay CITY money in any amount deemed sufficient to compensate for the
loss sustained or expense incurred by CITY by reason of the loss of, damage to, or destruction of
such property.
5.08. TRASH DISPOSAL. LESSEE shall at its sole expense provide 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 its business operations authorized by this
Agreement.
5.09. UTILITIES. LESSEE agrees to pay for all utility charges resulting from or
connected with LESSEE'S use of the Ramp Area.
5.10. TAXES AND LICENSES. LESSEE shall pay all taxes of whatever character
that may be lawfully levied or charged upon LESSEE'S use of the Ramp Area. LESSEE shall
obtain and pay for all licenses or permits necessary or required by law for the construction of any
additional improvements, the installation of equipment and fiunishings, and any other licenses
necessary for the conduct of its business.
5.11. INDEMNIFICATION AND INSURANCE. The CITY, its officers, agents,
elected officials, and employees shall stand indemnified by the LESSEE as provided by this
Agreement. The LESSEE shall be deemed to be an independent contractor and operator
responsible to all parties for its respective acts and omissions, and the CITY shall in no way be
responsible therefore. In the exercise of the obligations and in the enjoyment of the privileges
granted by this Agreement, the LESSEE shall indemnify and save harmless the CITY, its
FEDERAL EXPRESS CORPORATION — 8
officers, agents, elected officials, and employees from any and all losses that result from any
fault or negligence on the part of the LESSEE, its agents, employees, or invitees, and shall
indemnify the CITY, its officers, agents, elected officials, and employees against any and all
claims, demands, suits, judgments, and losses in connection therewith, except for losses resulting
from the CTI Y's negligence and willful misconduct.
The LESSEE shall maintain insurance at all times that this lease is in effect, at LESSEE's
sole expense and with an underwriter, with an A.M. Best Rating of A -VII or better, authorized to
do business in the State of Texas and acceptable to the CITY, against claims of general liability,
automobile liability, and workers' compensation resulting from LESSEE's business activities at
the Airport.
Aviation, General Liability and Auto Liability Insurance - The amount of insurance
coverage shall not be less than TEN MULLION AND NO/100 DOLLARS ($10,000,000.00) for
Combined Single Limit General Liability Insurance; or less than ONE MILLION AND N0/100
($1,000,000.00) for Combined Single Limit Auto Liability Insurance.
Pollution Liability Insurance — The LESSEE shall maintain pollution liability coverage.
LESSEE will be allowed to be self-insured for pollution coverage as long as LESSEE maintains
the status of being a Fortune 500 Company.
Workers' Compensation and EmWovers Liability Insurance — The LESSEE shall elect to
obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code.
Further, LESSEE shall maintain said coverage throughout the term of the Agreement and shall
comply with all provisions of Title 5 of the Texas Labor Code to ensure that the LESSEE
maintains said coverage. LESSEE shall carry and maintain Employer Liability coverage in an
amount no less than ONE MILLION AND NO/100 ($1,000,000.00). Any termination of
FEDERAL EXPRESS CORPORATION — 9
workers' compensation insurance coverage or any cancellation or nonrenewal of workers'
compensation insurance coverage for the LESSEE shall be a material breach of this Agreement.
The above mentioned policies shall all include a waiver of subrogation. Certificates of
Insurance and endorsements shall be filed with the CITY's Executive Director of Aviation prior
to execution of this Agreement. The Liability policies shall name the CITY as an additional
insured on a primary and non-contributory basis, require the insurer to notify the Executive
Director of Aviation of any alteration, renewal, or cancellation, and remain in full force and
effect until at least ten (10) days after such notice of alteration, renewal, or cancellation is
received by the Executive Director of Aviation.
The LESSEE will provide copies of the Certificates of Insurance and endorsements
without expense to the CITY and CITY may make any reasonable request for deletion, revision,
or modification of particular policy terms, conditions, limitations, or exclusions (except where
policy provisions are established by law or regulation binding upon either of the parties hereto or
the underwriter of any of such policies). Upon such request by the CITY, LESSEE shall exercise
reasonable efforts to accomplish such changes in policy coverages, and LESSEE shall pay the
cost thereof.
5.12. LESSEE SHALL VACATE. On or before the date of expiration of this
Agreement, LESSEE shall, as required by the Executive Director of Aviation of CITY, vacate
the Ramp Area, remove all property of LESSEE located thereupon, and restore the Ramp Area
and any improvements, facilities, and equipment thereon to as good condition on such date of
expiration as when received, ordinary wear and tear excepted. If, however, this Agreement is
terminated pursuant to Article VI, LESSEE shall vacate the Ramp Area, remove said property,
and restore the Ramp Area, improvements, facilities, and equipment thereon as aforesaid within
FEDERAL EXPRESS CORPORATION — 10
thirty (30) days following the date of such termination; provided, however, that LESSEE'S right
to remove its property is subject to the condition that LESSEE has paid in full all amounts due
and owed to CITY under this Agreement. If LESSEE shall fail or neglect to remove said
property and so restore the Ramp Area, improvements, facilities, and equipment included
thereon on or before said expiration or within thirty (30) days after such termination, then at the
option of the Executive Director of Aviation of CITY, said property shall either become the
property of CITY without compensation therefor, or the Executive Director of Aviation may
cause such property to be removed, the Ramp Area, improvements, facilities, and equipment
included thereon to be restored at the expense of LESSEE, and no claim for damages against
CITY, or its officers, agents, or employees shall be created or made on account of such removal
and restoration.
5.13. NON DISCRIMINATION.
A. LESSEE for itself, its personal representatives, successors in interest, and assigns,
as a part of the consideration hereof, does hereby agree 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 LESSEE'S
Premises, (2) in the construction of any improvements on, over, or under LESSEE'S Premises 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, and (3) 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 Title and Regulations may be amended.
FEDERAL EXPRESS CORPORATION — 11
B. In conducting or engaging in any aeronautical activity for furnishing services to the
public at the Airport, LESSEE shall furnish said services on a fair, equal, and not unjustly
discriminatory basis to all users thereof, and shall charge fair, reasonable, and not unjustly
discriminatory prices for each unit or service as required pursuant to 14 CFR 152. LESSEE may
make reasonable and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
C. LESSEE acknowledges that the provisions of 49 CFR Part 23, Disadvantaged
Business Enterprises (DBE), as said regulations may be amended, and such other similar
regulations may be enacted, may be applicable to the activities of LESSEE under the terms of this
Agreement, unless exempted by said regulations, and LESSEE hereby agrees to comply with the
regulatory agencies, in reference thereto. These requirements may include, but not be limited to,
compliance with DBE participation goals, the keeping of certain records of good faith compliance
efforts, which would be subject to review by the various agencies, the submission of various
reports and, if so directed, the contracting of specified percentages of goods and services contracts
to DBEs.
D. In the event of breach of any of the above nondiscrimination covenants which is not
cured by LESSEE in the exercise of reasonable diligence, CITY shall have the right to cancel this
Agreement after such action as the United States Government may direct to enforce this covenant
has been followed and completed, including exercise or expiration of appeal rights.
5.14. WARRANTY OF NO SOLICTTATTON. LESSEE warrants that it has not
employed any person employed by the CITY to solicit or secure this Agreement upon any
agreement for a commission, percentage, brokerage, or contingent fee.
FEDERAL EXPRESS CORPORATION — 12
5.15. NO ASSIGNMENT. Except with prior written consent of the Executive Director
of Aviation of CITY, LESSEE shall not assign any of its rights hereunder. No such assignment
made with the Executive Director's consent shall affect LESSEE'S obligations to make all
required fee payments hereunder upon default of an assignee.
5.16. WAIVER. The failure of CITY to insist in any one or more instance upon
performance of any of the terms or conditions of this Agreement shall not be construed as a
waiver or relinquishment of the future performance of any such terms or conditions, and
LESSEE'S obligation with respect to such future performance shall continue to be in full force
and effect.
5.17. DUTY TO PREVENT UNAUTHORIZED ACCESS TO THE RAMP AREA.
LESSEE shall prohibit both unauthorized persons and vehicles from entering those Airport
premises which LESSEE has priority use of, 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.
5.18. DEVELOPMENT OF AIRPORT. LESSEE agrees that CITY has the right to
further develop or improve the Airport as CITY deems necessary. If such developments or
improvements prevent LESSEE from conducting its operations at the Airport, CITY will provide
sixty (60) days or more advanced written notice. Ramp use rental fees shall abate in proportion
to the period of time that LESSEE's operations are thereby suspended.
FEDERAL EXPRESS CORPORATION — 13
ARTICLE VI
TERMINATION
This Agreement is subject to termination for the reasons set forth below, provided that
thirty (30) days written notice is given to the non -terminating party.
6.01. LESSEE'S RIGHT TO TERMINATE. LESSEE may terminate this Agreement
upon the happening of any of the following:
A. The permanent abandonment by the CITY of the Airport as an air terminal.
B. The issuance by any court of competent jurisdiction of an injunction in any way
preventing or restraining the use of the Ramp Area for at least thirty (30) days.
C. The breach by CITY of any of the terms, covenants, or conditions of this
Agreement to be kept, performed, and observed by CITY, and the failure of CITY to remedy
such breach for a period of sixty (60) days after written notice from LESSEE of the existence of
such breach.
D. The assumption by the United States Government, or any authorized agency of
same, of the operation, control, or use of the Airport and its facilities in such a manner as to
substantially restrict LESSEE from operating under the terms of this Agreement, if such
restriction is to continue or has continued for a period of three (3) months or more.
6.02. CITY'S RIGHT TO TERMINATE. CITY may terminate this Agreement upon
the happening of any of the following:
A. If LESSEE shall file a voluntary petition of bankruptcy; or, if proceedings in
bankruptcy shall be instituted against LESSEE and it is thereafter adjudicated as bankrupt
pursuant to such proceedings; or if a court shall take jurisdiction of LESSEE and its assets
pursuant to proceedings brought under the provisions of any federal reorganization act; or if a
FEDERAL EXPRESS CORPORATION — 14
receiver for LESSEE'S assets is appointed under state or federal law; or if LESSEE shall be
divested of its rights, powers, and privileges under this Agreement by other operation of law.
B. If LESSEE shall abandon and discontinue operations under this Agreement.
C. If LESSEE shall default in or fail to make any fee payments at the time and in the
amounts required under this Agreement.
D. If LESSEE shall fail to perform, keep, and observe all of the covenants and
conditions contained in this Agreement.
E. If LESSEE shall fail to abide by all laws, ordinances, and rules and regulations of
the United States, State of Texas, City of Lubbock, or Executive Director of Aviation of CITY.
F. If CITY, acting in good faith, finds termination of the rights, privileges, and
interests of LESSEE acquired under this Agreement to be necessary to secure federal financial
aid for the development of the Airport, or further development of aeronautical operations
thereon.
6.03. FIRE DAMAGE. In the event the Ramp Area for which LESSEE is herein
granted priority use is damaged by fire or other accidental cause during the term of this
Agreement, or during any subsequent extension, so as to become totally or partially unusable,
CITY shall have the option to restore the premises to the former condition. If CITY exercises its
option to restore the premises, CITY shall proceed with due diligence. If the damage is so
extensive as to prevent LESSEE from using the ramp for the uses expressed in this Agreement,
LESSEE'S obligation to pay fees hereunder shall abate for the time and to the extent that the
Ramp Area has been rendered unusable. Should CITY not exercise its option to restore the
premises, this Agreement shall terminate, such termination to be effective on the date of damage
FEDERAL EXPRESS CORPORATION — 15
by fire or other accidental cause, and all fees due pursuant to this Agreement shall be
apportioned to that date.
ARTICLE VII
MISCELLANEOUS PROVISIONS
7.01. NOTICES. Notices to CITY required or appropriate under this Agreement shall
be deemed sufficient if in writing and hand delivered or mailed, registered or certified mail,
postage prepaid, or by FedEx overnight or second day air service, addressed to the Executive
Director of Aviation, 5401 N. Martin Luther King Boulevard, Unit 389, Lubbock, Texas 79403.
Notices to LESSEE shall be deemed sufficient if in writing and hand delivered or mailed,
registered or certified mail, postage prepaid, or by FedEx overnight or second day air service
addressed as follows:
Federal Express Corporation
Attn: Manager, Airport Relations & Development (#95-0104)
3680 Hacks Cross Road
Building H, 3'd Floor
Memphis, Tennessee, 38125
With a copy to:
Federal Express Corporation
Attn: Managing Director, Business Transactions (#95-0104)
3680 Hacks Cross Road
Building B, 3d Floor
Memphis, Tennessee, 38125
Either party may change its address(es) to which notices are to be sent by providing written
notice in accordance with this Section 7.01.
7.02. NON -ARBITRATION. The CITY and LESSEE reserve the right to exercise any
right or remedy available to it by law, contract, equity, or otherwise, including without
limitation, the right to seek any and all forms of relief in a court of competent jurisdiction.
FEDERAL EXPRESS CORPORATION — 16
Further, neither party shall be subject to any arbitration process prior to exercising its
unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not
exclusive, and may be exercised concurrently. To the extent of any conflict between this
provision and another provision in, or related to, this document, this provision shall control.
7.03. TIME IF OF THE ESSENCE. The CITY and LESSEE hereto agree that time is
of the essence with respect to any duties, obligations, or performance required by this
Agreement.
7.04 ENTIRE AGREEMENT. This lease constitutes the entire agreement between
CITY and LESSEE, and any other written or parole agreement with CITY is expressly waived
by LESSEE.
EXECUTED as of the 28th day of Max 2015.
CITY OF LUBBOCK, TEXAS FEDERAL EXRESS CORPORATION
BY:- �'�/ Y: V��//` h_
GLE . R , 'fSON, MAYOR
{ZJZT 3-3/-�o/s
EST: A ST:
Re ma Garza, CitySecrot
APPROVED AS TO CONT13NT:
APPROVED AS TO FORM:
IN
CAS
Kelly Caftball, A.A.B. e
Executive Director of Aviation First Assistant City ttomey
FEDERAL EXPRESS CORPORATION -17
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