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HomeMy WebLinkAboutResolution - 3816 - Lease Agreement - Globe Airport Security Services Inc - Office Sapce, LIA - 02/13/1992Resolution No. 3816 February 13, 1992 Item #29 HW:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and between the City of Lubbock and Globe Airport Security Services, Inc., 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 13th ATTEST: anette Boyd, uity secreta APPROVED AS TO CONTENT: Bern E. Case, Director of Aviation APPROVED AS TO FORM: Karlold Willard,'Assistant ity Attorney day of February , 1992. C ` 00)� C . 44�7 . C. MCMINR, MAYOR Resolution No. 3816 February 13, 1992 Item 929 HW: js THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § SPACE LEASE - TERMINAL BUILDING This Agreement, entered into at Lubbock, Texas, by and between the City of Lubbock, a Texas Home Rule Municipality, hereinafter referred to as "LESSOR," and Globe Airport Security Services, Inc., a New Jersey Corporation, hereinafter referred to as "LESSEE." WHEREAS, LESSOR owns and operates Lubbock International Air- port, hereinafter referred to as "Airport;" and WHEREAS, LESSEE desires to provide security services to air carriers operating at the Airport; and WHEREAS, LESSOR deems it in the best interest of the citizens of the City of Lubbock to provide LESSEE space at the Airport in which to provide such services; ARTICLE I NOW THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration, the LESSOR authorizes the LESSEE to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the LESSEE approximately 159 square feet of space as shown on Exhibit "A," attached hereto and made a part of this Lease for all pur- poses. Page 1 --- SL-GLOBE.DOC/D3-Airport The term of this Agreement shall be for a period of one (1) year, commencing on November 1, 1991. This Agreement automatically renews annually unless terminated as provided in Article V below. ARTICLE II In consideration of the rights and privileges herein granted, LESSEE shall pay to the LESSOR a rental rate of EIGHTEEN AND 11/100 DOLLARS ($18.11) per square foot per year adjusted on January 1st of every year that this Agreement remains in effect by the amount of the increase or decrease in the Consumer Price Index (CPI) pub- lished by the Bureau of Labor Statistics of the United States Department of Labor. For the purpose of computing all adjustments, the CPI as of January 1, 1991, shall be construed as the base from which increases or decreases in the rental rate are calculated. Upon execution of this Agreement by both parties hereto, LESSEE shall pay to LESSOR the rent as set forth above in twelve (12) monthly installments of TWO HUNDRED THIRTY-NINE AND 96/100 DOLLARS ($239.96), payable in advance, by the tenth (10th) day of each month. Page 2 --- SL-GLOBE.DOC/D3-Airport ARTICLE III This Lease is granted subject to the following provisions and conditions: 1. LESSEE shall use the leased premises solely for the pur- pose of providing security services to air carriers operating at the Airport. 2. LESSEE'S right to provide security services at the Air- port shall be nonexclusive. 3. Any property installed or added by LESSEE which becomes permanently attached to the leased premises shall become the property of LESSOR upon termination of this Lease. 4. LESSEE will erect no signs and will distribute no adver- tising in the Airport without the prior written consent of the Director of Aviation of LESSOR. Such prior writ- ten consent shall not be required for advertising placed by LESSEE with any party having the right to sell, rent or offer Airport terminal advertising space. 5. All of LESSEE'S business operations and solicitations will be confined to the leased premises. 6. The LESSEE shall not bind nor attempt to bind LESSOR for payment of any money in connection with installations, alterations, additions or repairs on the leased premises or any of LESSEE'S equipment or facilities located on the leased premises, and shall not permit any mechanic's, Page 3 --- SL-GLOBE.DOC/0-Airport materialmen's or contractor's liens to arise against the Airport premises or any improvements, equipment, machin- ery or fixtures thereon belonging to the LESSOR, and LESSEE expressly agrees that it will keep and save the premises and LESSOR 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. 7. Failure of the LESSEE to comply with any requirement of paragraph 6 of this Article shall be cause for immediate termination of this Lease Agreement by LESSOR. 8. LESSOR shall assume no responsibility as to the condition of the leased premises and shall not assume any responsi- bility for maintenance, upkeep or repair necessary to keep the premises in a safe and serviceable condition. 9. LESSOR shall have the right to approve any construction or remodeling by LESSEE on the leased premises. ARTICLE IV This Lease is granted subject to the following additional pro- visions and conditions: 1. The Lease herein granted is subject to any and all appli- cable laws, ordinances, rules and regulations pertaining to the Lubbock International Airport. Page 4 --- SL-GLOBE.DOC/D3-Airport 2. During time of war or national emergency, the LESSOR shall have the right to enter into any agreement with the United States Government for military or naval use of all or part of the landing area, the publicly -owned air navi- gation facilities, and any other areas and facilities at 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, but rent hereunder shall be abated accordingly. 3. This Agreement shall be subordinate to the provisions of any existing or future agreement between LESSOR and the United States relative 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. Should the effect of such agreement with the United States be to take any of the property under lease or substantially de- stroy the commercial value of LESSEE'S rights under this Agreement, the LESSOR shall not be held liable therefor, but rent hereunder shall be abated accordingly. 4. All rights, privileges and interests acquired herein by LESSEE may be suspended, at the option of the LESSOR, following written notice of thirty (30) days, if such Page 5 --- SL-GLOBE.DOC/D3-Airport suspension is found by the LESSOR, 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, but rent hereunder shall be abated accordingly. 5. The LESSOR, acting by and through its Director of Avia- tion or other designated representative, shall have the right to inspect the leased premises at all reasonable times during the term of this Lease. 6. Any property of the LESSOR located on Airport premises, and any property located at Airport premises for which the City of Lubbock may be responsible, which is damaged or destroyed as a result of acts or omissions of the employees or agents of LESSEE (but not criminal acts or omissions), shall be properly repaired or replaced by the LESSEE to the satisfaction of the LESSOR and its autho- rized representatives, or in lieu of such repair or replacement, the LESSEE shall, if so required by the LESSOR, pay to the LESSOR money in any amount deemed sufficient by the LESSOR to compensate for the loss sus- tained by the LESSOR due to the loss of, damage to or destruction of such property. Page 6 --- SL-GLOBE.DOC/D3-Airport 7. The LESSEE shall be deemed to be an independent contrac- tor and operator responsible to all parties for its respective acts or omissions and LESSOR shall in no way be responsible therefor. 8. The LESSEE agrees to indemnify, defend and forever save and keep the LESSOR, its authorized agents, representa- tives and employees, harmless from and against any and all penalties, liability, annoyances or losses resulting from claims or court actions of any nature arising (but not criminal acts or omissions) out of any acts or omis- sions of the LESSEE, its agents, servants, employees or business visitors under this Agreement. 9. The LESSEE shall assume responsibility for the payment of all taxes and assessments, license fees and public util- ity charges levied on the leased premises, the business conducted on the leased premises, and the property of LESSEE used in connection therewith from the date of exe- cution of this Agreement. The LESSEE agrees to pay all claims or damages for or on account of water, lights, heat, power, sewage disposal and any other services or utilities furnished to LESSEE, the leased premises, or any part thereof. The LESSOR does not guarantee to fur- nish utilities or utility services in the future. Page 7 --- SL-GLOBE.DOC/D3-Airport 10. The LESSEE acknowledges that it is informed that Texas Law prohibits contracts between LESSOR and its "officers" and "employees," and that the prohibition extends to an officer of City agencies such as City -owned utilities and certain City boards and commissions, and to contracts with any partnership, corporation or other organization in which such officers or employees have an interest. LESSEE certifies that neither it nor any person having an interest in this Lease Agreement is an officer or employee of the City of Lubbock or any of its agencies. 11. This Lease may not be assigned or sublet without the written consent of the Director of Aviation of the LESSOR, but such consent shall not be unreasonably withheld. No such assignment or subletting shall affect LESSEE'S obligations to make all required rental payments hereunder. 12. The failure of the LESSOR to insist in any one or more instance upon performance of any of the terms or condi- tions of this Lease shall not be construed as a waiver or relinquishment of the future performance of any such terms or conditions, but the LESSEE'S obligation with respect to such failure of performance shall continue in full force and effect. Page 8 --- SL-GLOBE.DOC/D3-Airport ARTICLE V This Lease Agreement is subject to termination with or without cause by either party upon thirty (30) days written notice to the non -terminating party. In the event the terminal building at the Airport is damaged by fire or other accidental cause during the term of this Lease so as to become totally or partially untenantable, LESSOR shall have the option to restore the leased premises to their former condi- tion. If LESSOR exercises its option to restore the premises, LESSOR shall proceed with due diligence. If the damage is so ex- tensive as to practically amount to the total destruction of the utility of the leased premises for the uses expressed in this Agreement, LESSEE'S obligation to pay rent hereunder shall be abated for the time and to the extent that the premises have been rendered untenantable. Should LESSOR not exercise its option to restore the leased premises, this Lease shall terminate, such ter- mination to be effective on the date of damage by fire or other accidental cause, and the rent shall be apportioned to that date. Within fifteen (15) days following the date of expiration or termination of this Agreement, LESSEE shall, as required by LESSOR, vacate the leased premises, remove all property of LESSEE and re- store the leased premises to as good a condition on such date of expiration or termination as when received, ordinary wear and tear excepted; provided, however, that LESSEE'S right to remove its Page 9 --- SL-GLOBE.DOC/M-Airport property is subject to the condition that LESSEE has paid in full all amounts due and owing LESSOR under this Agreement. If, after being requested by the LESSOR, the LESSEE shall fail or neglect to to remove said property and so restore the leased premises within fifteen (15) days of said expiration or termination, then, at the option of LESSOR, said property shall either become the property of LESSOR without compensation therefor or LESSOR may cause the prop- erty to be removed and the leased premises to be restored at the expense of LESSEE, and no claim for damages against LESSOR or its officers, agents or employees shall be created or made on account of such removal and restoration. ARTICLE VI Notices to the LESSOR required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to the Director of Aviation, Lubbock International Airport, Route 3, Box 201, Lubbock, Texas 79401. Notices to the LESSEE required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to the address for LESSEE on file with the Director of Aviation at Lubbock International Airport. Should LESSOR institute legal action to collect rentals due under this Lease Agreement or damages for breach of any covenant made herein, a reasonable sum shall be added to the amount of recovery for attorneys' fees together with all costs of court. Page 10 --- SL-GLOBE.DOC/D3-Airport Both parties hereby agree that this instrument constitutes the final agreement of the parties and that all other previous agree- ments, leases and contracts between the parties which pertain to the property described herein are hereby declared null and void. EXECUTED this 13th day of February , XMM 1992. LESSOR: CITY OF LUBBOCK r ' BY:'J, . C. MCMI N, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: r Bern E. Case, Director of Aviation APPROVED AS TO FORM: *-Zz�u II'lli-i4ts arold Willard, Assistant City Attorney LESSEE: GLOBE AIRPORT SECURITY SERVICES, INC. BY: ATTEST: Secretary Page 11 --- SL-GLOBE.DOC/D3-Airport