HomeMy WebLinkAboutResolution - 2957 - Contract - Roy Middleton -Leasing Agent Services, LIA - 11/17/1988II Resolution #2957
November 17, 1988
Item #14
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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 Contract for
Professional Services by and between the City of Lubbock and Roy Middleton,
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 17th day of November 1988.
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B. C. M MI N, MAYOR
ATTEST:
Ranettle,Boyd, City Secretar
APPROVED AS TO CONTENT:
Jim B tram, Assistant City Manager
APPROVED AS TO FORM:
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Dbrrald G. Vandiver, First Assistant
City Attorney
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Resolution 2957
CONTRACT FOR PROFESSIONAL SERVICES
THE STATE OF TEXAS §
COUNTY OF LUBBOCK I
THIS CONTRACT, made and entered into by and between the City
of Lubbock, hereinafter referred to as "City" and Roy Middleton,
hereinafter referred to as "Realtor".
WITNESSETH:
WHEREAS, the City of Lubbock desires to lease certain
property located at Lubbock International Airport for commercial
development; and
WHEREAS, proposals were sought from realtors for leasing
agent services, which services are in the nature of personal and
professional services to the City of Lubbock; and
WHEREAS, the City Council of the City of Lubbock believes
that it is in the best interest of the citizens of the City of
Lubbock to contract with Roy Middleton for leasing agent
services; NOW THEREFORE:
City and Realtor hereby mutually agree as follows:
I. SCOPE OF SERVICES.
The Realtor hereby agrees and binds himself to provide the
following services to the City:
1) Provide updated market lease rates at a cost to the
City of not more than $4,500.00. Such updated market analysis
shall be submitted to the Deputy Director of Aviation for
Marketing and Public Relations not later than thirty (30) days
from the commencement of this agreement unless such time period
is extended by mutual agreement in writing.
2) Provide an analysis for compensating real estate firms
not later than sixty (60) days from the commencement of this
agreement unless such time period is extended by mutual agreement
in writing. Such analysis shall be submitted to the Deputy
Director of Aviation for Marketing and Public Relations.
3) Provide one hundred (100) copies of advertising
booklets including a locator map, parcel map and utility lines
including but not limited to the parcels on the attached map
within sixty (60) days from the commencement of this agreement
unless such time period is extended by mutual agreement in
writing. The layout of such booklet and advertising brochures
shall be presented to the Deputy Director of Aviation for
Marketing and Public Relations at such time as will allow
approval by the City prior to final printing. Cost to the City
of the booklets and brochures shall not exceed $4,500.00.
4) Distribute copies of the booklet and brochure to real
estate firms and prospective lessees in a timely manner.
5) Serve as leasing agent for the City during the term of
this contract at a rate of pay of $50,000.00. Realtor shall be
paid such sum in 12 monthly installments. Realtor shall be
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available, on call, by the City, to assist in the analysis of any
potential lessee proposal, regardless of the origin of the
proposal.
II. TERM OF AGREEMENT.
The term of this agreement shall be December 1, 1988,
through November 30, 1989.
III. ADDITIONAL DUTIES OF REALTOR.
1) Realtor shall maintain a current real estate license
and professional liability insurance in the amount of
$500,000.00.
2) Realtor shall provide a written monthly progress report
to the City during the term of this agreement, and shall appear
before the Lubbock International Airport Board at each monthly
meeting to present the progress reports.
3) Realtor must notify the Deputy Director of Aviation for
Marketing and Public Relations as soon as a contract is discussed
formally or informally with a client.
4) Realtor must maintain confidentiality on prospective
lessees unless otherwise authorized by City.
IV. INDEPENDENT CONTRACTOR.
Nothing contained herein shall be construed as creating the
relationship of employer and employee between the City and
Realtor, and the Realtor shall be deemed at all times to be an
independent contractor.
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V. HOLD HARMLESS.
Realtor hereby agrees to hold City harmless from any and all
claims of any nature whatsoever arising out of Realtors acti-
vities in connection with this agreement.
VI. TERMINATION.
This contract may be terminated by either party upon the
giving of thirty (30) days written notice of said party's
intention to terminate this contract. Notices shall be
sufficient if they are mailed to the Deputy Director of Aviation
for Marketing and Public Relations at Lubbock International
Airport, Route 3, P.O. Box 389, Lubbock, Texas 79401, and to Roy
Middleton at Roy Middleton Real Estate, 3403 73rd Street,
Lubbock, Texas 79423.
VII. OTHER COMMISSIONS AND EXPENSES.
Realtor hereby agrees that he shall neither seek nor accept
any payment or commission for his services pursuant to this
agreement other than such amounts as have been set forth herein
to be paid by City, which amounts shall not exceed $59,000.00 in
total costs. Any travel, phone calls, or any other incidental
expenses associated with the development of updated market lease
rates, an analysis for compensating real estate firms, and
development of an advertising booklet and brochures shall be
included in the total contract amount of $59,000.00.
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EXECUTED this 17th day of November
1988.
ROY MIDDLETON REAL ESTATE: CITY OF LUBBOCK:
Roy-Iriddleton .C. MCMINN, MAYOR
ATTEST: ;aette
ST:
Secretary Boyd, CitSebretary
APPROVED AS TO CONTENT:
J B rtram, Assistant
cftx M Hager
APPROVED AS TO FORM:
Donald G. Vandiver,- First
Assistant City Attorney
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