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HomeMy WebLinkAboutResolution - 3435 - Lease Agreement - Sabre Travel Info Network - Office Space, LIA - 08/23/1990Resolution #3435 August 23, 1990 Item #25 JES:da 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 Space Lease Agreement between the City of Lubbock and Sabre Travel Information Network, a division of AMR, Inc., for office space in the Terminal Building at Lub- bock International Airport, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: anette Boyd, City SeftiftAry 23rd day of APPROVED AS TO CONTENT: ern E. Case, Director of Aviation APPROVED AS TO FORM: Shoos, Jr., -Ass Attorney August c B. C. McM N , MA OR , 1990. 0 Resolution #3435 JES:dw 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 hereinafter referred to as "Lessor," and Sabre Travel Information Network, A Division of AMR, Inc. hereinafter referred to as "Lessee;" WHEREAS, Lessor owns and operates a public airport designated as Lubbock International Airport herein called "Airport;" and WHEREAS, Lessee desires to conduct a travel information service hereinafter referred to as "Agency," in the terminal building at the Lubbock International Airport. 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 171 square feet as shown in Exhibit "A", attached herewith and made a part of this Lease for all purposes. The term of this Agreement shall be for a period of one (1) year, commencing August 1, 1990. This Agreement automatically renews annually unless terminated as provided in Articles IV and V below. ARTICLE II In consideration of the rights and privileges herein granted, Lessee shall pay to Lessor a rental of Thirteen and 81/100 Dollars ($13.81) per square foot per year adjusted in January 1991 by the CPI as hereinafter defined. Lessee shall pay to Lessor the rent as set forth in twelve (12) monthly installments payable in advance by the tenth (10th) day of each month. All payments that become due and payable by Lessee shall be made to the City of Lubbock at the office of the Director of Aviation, Lubbock International Airport, Lubbock, Texas. N ARTICLE III This Lease is granted subject to the following conditions: 1. Lessee shall use the leased premises solely for the purpose of marketing a travel information service. 2. Lessee's right to market a travel information service within the terminal building at the Airport shall be nonexclusive. 3. Any property installed or added by Lessee which becomes permanently attached to the premises shall become the property of Lessor upon termination of the Lease Agreement. 4. Lessee will erect no signs and will distribute no advertising matter in the Airport without the prior written consent of the Director of Aviation. Such prior written consent shall not be required for advertising placed by Lessee with Ackerly Airport Advertising, Inc. or any other 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 or 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, materialmen's, or contractor's liens to arise against the premises or any improvements, equipment, machinery 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 the Lessee. 7. Failure of the Lessee to comply with any requirement of paragraph 6 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 responsibility 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. - 2 - ARTICLE IV This Lease is granted subject to the following additional provisions and conditions: 1. The Lease herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Lubbock International Airport. 2. During the time of war or national emergency the Lessor shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities, and other area or facilities of the Airport. And 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 abate 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 destroy the commercial value of Lessee's rights under this Agreement, the Lessor shall not be held liable therefor, but rent hereunder shall abate accordingly. 4. All rights, privileges and interests acquired herein by Lessee at the option of the Lessor, following written notice of thirty (30) days, may be suspended if such 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 and provisions of aeronautical operations thereon, but rent hereunder shall abate accordingly. 5. The Lessor, acting by and through the Director of Aviation, or other designated representative shall have the right to inspect the property at all reasonable times during the term of this Lease. 6. Any property of the Lessor or any property for which the City of Lubbock may be responsible, which is damaged or destroyed incident to the exercise of the privileges herein granted or as a result of acts or omissions of the employees or agents of Lessee, shall be properly repaired or replaced by the Lessee to the satisfaction of the Lessor and its authorized 3 - 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 sustained by the Lessor by reason of the loss of, damage to or destruction of such property. 7. The Lessee shall be deemed to be an independent contractor 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 loss resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions 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 utility charges levied on the business conducted on the leased premises or becoming due on the property of Lessee used in connection therewith from the date of execution 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 or with respect to the property or any part thereof. The Lessor does not guarantee to furnish utilities or utility services in the future. In the event utility service is not furnished for reasons other than repair or installa- tions of lines or nonpayment of charges, Lessee shall have the option to cancel this Lease upon thirty (30) days notice to the Lessor. 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 the officer or employee has an interest. Lessee certifies that neither it nor any person having an interest in this contract is an officer or employee of the City of Lubbock or any of its agencies. - 4 11. This Lease may not be assigned without the written consent of Lessor, but such consent shall riot 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 conditions of this Lease shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions, but the Lessee's obligation with respect to such failure of performance shall continue in full force and effect. 13. In the event Lessee remains in possession of the leased premises after the expiration of this Lease Agreement without any written renewal or extension of this Lease, 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 Lessor. ARTICLE V. This Lease Agreement shall terminate at the end of the full term hereof and Lessee shall have no further right or interest in the premises hereby demised except as provided in Article IV, paragraph 13. This Agreement is subject to termination with or without cause by either party upon thirty (30) days written notice to the non -terminating party. A. In the event the terminal building at the Lubbock International Airport is damaged by fire or other accidental cause during the term of this Lease Agreement so as to become totally or partially untenantable, Lessor shall have the option to restore the premises to their former condition. If Lessor exercises its option to restore the premises, Lessor shall proceed with due diligence. If the damage is so extensive as to amount practically to the total destruction of the utility of the leased premises for the uses expressed in this Lease Agreement, Lessee's obligation to pay rent hereunder shall abate for the time and to the extent that the premises have been rendered untenantable. Should Lessor not exercise its option to restore the premises, this Lease shall terminate, such termination to be effective on the date of damage by fire or other accidental cause, and the rent shall be apportioned to that date. - 5 - B. Within fifteen (15) days following the date of expiration or termination of this Agreement, Lessee shall, as required by Lessor, vacate said premises, remove all property of Lessee and restore 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 property is subject to the condition that Lessee has paid in full all amounts due and owing Lessor under this Lease Agreement. If, after being requested to do so by Lessor, the Lessee shall fail or neglect to do so by Lessor, the Lessee shall fail or neglect 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 property 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 1. 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: Sabre Travel Information Network, Route 3, Box 389, Lubbock, Texas 79401. 2. 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 attorney's fees together with all costs of court. 3. Both parties hereby agree that this instrument constitutes the final agreement of the parties and that all other previous agreements, leases and contracts between the parties which pertain to the property described herein are hereby declared null and void. EXECUTED this the day of , 1990. LESSOR: LESSEE: CITY OF LUBBOCK BY: lefw ` . C. McM19R, MAYOR S . Ranet Boyd, City Secretary APP OVED AS TO CONTENT: Bern Case, Director of Aviation APPROVED AS TO FORM: e n E. Shotts, Jr., A Stant 1 Attorney SABRE TRAVEL INFORMATION NETWORK, A DIVISION OF AMR, INC. BY: Title: ATTEST: Secretary - 7 -