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Home My WebLink AboutResolution - 3090 - Lease Renewal - USCS - Office Space, ETB LIA - 05/11/1989Resolution #3090 May 1.1, 1989 j; Item #2.0 HW: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 Lease for Real Property with the U.S. Customs Service for space in the Executive Terminal Building at Lubbock 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 11th day of May , 1989. B.C. MCMINfl, MAYOR ATTEST: APPROVED AS TO CONTENT: Marvin Coffee, Yftctor of Aviation APPROVED AS TO FORM: arold Willard, Assistant City Attorney STANDARD FORM 2 J FEBRUARY INS EDITION -UAS. GOVERNMENT ADMIRAL SERVICES ADMINISTRATION LEASE FOR REAL PROPERTY �- "It (a CFR) 1-16.601 DATE OF LEASE LEASE no. FEB, 2 4 1989 _ 655-89-12892 THIS LEASE, made and entered into this date by and between The City of Lubbock, Texas /whose address is Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 apd whose interest in the property hereinafter described is that of owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA. hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: t. The Lessor hereby leases to the Government the following described premises: 648 square feet in the south end of the Executive Terminal Building -� at the Lubbock International Airport. tobeusedfor the U.S. Customs Service, Port Director. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on ........ October 1,..1988.__._____.___.........,_ through September 30,,_1999.•.•••» subject to termination and renewal rights as may be hereinafter stet forth. 3. The Government shall pay the Lessor annual rent of =1: 00 ............ .................................................. -...... atthe rate of: ... 1.00 ........................................... per ..annum ................................................... ... in arrears. Rent for a lesser period shall be prorated. Rent chedu shall be made payable to: City of Lubbock Lubbock International Airpo Route 3, Box 389 t er art Lubbock Texas 79401 <. ay terminate this lease at any time by giving at !cast ._bD..................... days' notice in writing to the > teand no rental shall accrue after the effective date of termination. Said notice shall be computed comment- ing with the day after the date of mailing. S. This lease may be renewed at the option of the Government, for the following terms and at the following rentals: Year to year including 4 one-year renewal options, but not beyond September 30, 1993. provided notice be given in writing to the Lessor at least ..30 .............. days before the end of the original lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing. 2-106 - No11103 Cut AY;r.wII l 1094VIU-91SH21t 1401140 W13Y1Jd WSWYJMYO Zw37olo3lvaNVAS -------------------- �Irf�f ilrJ3fg% _ - �/JxflMtls'� , -------------------- -- -- ------------- ---------- As aa2u90 80TasT20Z IsuoT;sH 10209aTQ 4z93sgsM -d 2lagog Y.51V3WY A S31VIS 031111n (fjmj--- tslJ----------- ------------------------- f ------------------------- - ---- ------- ---- t - 0AE' 7N Yd NI ------------ --_ _--(iJxtsrtfS! ---------- --'-----%------ '__- N� • AS WdO� Ol Sb 03AUddtf YOSs71 'Oa77i2M oAoge 353g nvp oq7 jo s3; saw$a Jpg3 pagrJxgns o7vn*Jgq 8n3tq 07030q sannd aq7 'gO32t3HllA SSZMLI& HI :vol3naax2 13! 03 JOjJd Mal iig3 of ap11U7 MAL 149vag3 BUTAL0110; IU •e 'ZT =.T SuoTsTA01a Tsaaua0 posoloug -(v0}31pa ••••••••••r��•••• 'y= LWod PJspai3s) 00133nJuai pas IUOIITAOJa MICID aqy :;osisq uad t spam pas pag3usv an lapKotto; aqy j 89Z9V susTpul 'STlodsueTpuI 90689 xog '0'd 284u90 SCITISTS071 IsuoTIVK '202082TQ :03 aoTIou uOT3vuTm.I93 ITmgnS IOU ssxay Xzoggnl SZ xog '£ aanod 10330IT(I aiod 83Ta28g smo3en0 -S-fl :03 IIIIEZ 'IO g0 Pus `699££9 28gmnH Odd' `8£TZ0160 jagmnH Z0d 8uTouaia;as saoTonuT jTmgnS popuams ss '33V SmTFT3 3101 TsIapa3 ag3 Aq pazanoo sT AaTTTgsTT 3ualxa 8g3 02 sesTmaid possat oq3 3o asn 9q3 uT 3u8muzen0D 9q4 ;o W88s Io 'aaXoldme 'i83F;;0 Aus Jo S30s lua8Tl8au io; algsTl_aq llsgs 2uamujano0 agy SaTTddns`29TTol pus s9znjxT3 4gSTT 109 sjssTTuq pus 4sagn3 'sdmsT zuamaOETdaa sapnTouT 60STV 'SOOTezaS A3TTTjn pus '2uTu0T3Tpu03-ITs '2uT3s9H :BUTM0110; alp'eoppaptsnw p30as aq3;a and a'30a=juo!) atp o3 gs!uin; (pY3 Jossal atm -9 GENERAL PROVISIONS 1.- MAINTENANCE OF PREMISES. The -Lessor shall maintain the premises and�-prcperty-furnished thislease in good repair and tenantable condition during the. continuance of this lease, except in case of damage arising from„the act or the -negligence of the Government's agents or employees. For the purpose of so maintaining said premises and property, the Lessor may, at reasonable times approved by the Government, enter and inspect the same and make any necessary repairs thereto. 2. DAMAGE BY FIRE OR OTHER CASUALTY If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as to render the premises untenantable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within fifteen (15) days thereafter; if so terminated no rent shall accrue to the Lessor after such partial destruction or damage; and if not so terminated the rent shall be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. 3. ALTERATIONS The Government may make alterations, attach fixtures or signs and erect structures in or upon the leased premises..all of which shall be the property of the Government. 4. CONDITION REPORT A joint physical survey and inspection report of the demised premises shall be made as of the effective date of this lease, reflecting the then present condition, and will be signed on behalf of the parties hereto. 5. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this lease contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease contract if made with a corporation for its general benefit. 6. APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration. agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the leased space is situated and, at his own expense, to obtain all necessary permits and related items. 2 - •- - - - 7. LESSOR`S SUCCESSORS Lterms; aad: psovisinns- of this lease and, the. conditions 'Herein bind the--iessar; and -the Lessor's' heirs, executors, administrators; successors,.and assigns. 8. COVENANT AGAINST CONTINGENT FEES The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. (Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or agencies within the exception contained in this clause.) 9. FACILITIES NONDISCRIMINATION (a) As used in this section, the term "facility" means stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in the building in which the space covered by this lease is located. (b) The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, creed, color, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility, including any and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the Lessor solely to tenants, their employees, customers, patients, clients, guests and invitees. (c) It is agreed that the Lessor's noncompliance with the provisions, of this section shall constitute a material breach of this lease. In the event of such noncompliance, the Government may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Government in acquiring substitute space, including but not limited to the cost of moving to such space. Substitute space shall be obtained in as close proximity to the Lessor's building as is feasible and moving costs will be limited to the actual expenses thereof as incurred. - 3 - (d) It is further -"agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to operate, include or require the inclusion of the foregoing provisions of this section in every such agreement or concession pursuant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein contained, however, shall be deemed to require the Lessor to include or require the inclusion of the foregoing provisions of this section in any existing agreement or concession arrangement or one in which the contracting party other than the Lessor has the unilateral right to renew or extend the agreement or arrangement, until the expiration of the existing agreement or arrangement and the unilateral right to renew or extend. The Lessor also agrees that it will take any and all, lawful actions as expeditiously as possible, with respect to any such agreement as the contracting agency may direct, as a means of enforcing the intent of this section, including, but not limited to, termination of the agreement or concession and institution of court action. 10. EXAMINATION OF RECORDS (NOTE: This provision is applicable if this lease was negotiated without advertising.) a. The Lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this lease, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Lessor involving transactions related to this lease. b. The Lessor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or his representatives shall, until the expiration of 3 years after final payment under this lease with the Government, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor involving transactions related to the subcontract. 11. PAYMENT DUE DATE The initial monthly rental payment under this contract shall become due on the first workday of :.the month following the month in which the lease or supplemental agreement establishing commencement of the -lease term is executed, or the first workday..of the month following the month in which the occupancy of -space is effective, whichever is later. Subsequent rent shall be paid in arrears, and will be due on the first workday of each successive month, and only as provided for by the lease. 4 _ 12. INSTRUCTIONS Whenever the lease is executed by an attorney, agent, or other person, or corporation on behalf of the Lessor, the name of the Lessor shall appear above the signature of the person signing. t DEPARTMENT OF THE TREASURY p i C � •Y _ ' U.S. CUSTOMS SERVICE o"a +`'4 INDIANAPOLJS, INDIANA FEB 2 4 1989 FAC-4-CM:L:N:S RF Ms. Elma Martinez Deputy Director of Aviation Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 Dear Ms. Martinez: Enclosed is U.S. Government Lease for Real Property Number 655-89-12892 for office space at Lubbock International Airport, Executive Terminal Building, to be used by the U.S. Customs Service, Port Director. Please review the enclosed lease. If you agree with the terms and conditions of the lease, execute the original and two copies. (Return the original and one copy;of the lease and retain a'copy for your file until the original has been executed by the 'U.S. Customs Service and returned to you. to: Any correspondence concerning this matter should be addressed National Logistics Center U.S. Customs Service ATTN: Roger Fischer P.O. Box 68906 Indianapolis, Indiana 46268 Phone: (317) 298-1240 a Thank you for your assistance.. -in completing this action. Sincerely, rx Robe t A. Webster ector National Logistics Center Enclosures �•''-r i.t `L��y� /a�, ... t -v t.{ t.11"�r -�-<. c:,� � ./� .'[„n_a.�cs. -: -�`f-�(,ti-1t41." f�G..! :-�•r CLc[r ��:`6Elx�t�•i. ,-G�%G%Crts.'4.t-G-i.2u� �Y �ist1' .Z`./J.c.r. ,;.f..Gf,tj-.c..�1�•�s .y...i�,,. �-v.:/_•,.�'Zt%c�„s,� f