HomeMy WebLinkAboutResolution - 802 - Lease Agreement - Sonny's Air Freight Co - Office Space, LIA - 05/14/1981AA:pc RESOLUTION #802 - 5/14/81
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
Terminal Agreement between Sonny's Air Freight Co. and the City of Lubbock
which is 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 14th day of May ,1981.
i !L A r P'y A
LL PIcALISTER, MAYOR
ATTEST:
Evelyn Ga ga, City ec a y -Treasurer
APPROVED -AS TO CONTENT:
Marvin Coffee, Director jiff Aviation
APPROVED AS TO FORM:
Angela A s, Assistant City Attorney
"AIN
�Qy
i
RESOLUTION #802 - 5/14/81
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
SPACE LEASE TERMINAL AGREEMENT
THIS AGREEMENT, entered into at Lubbock, Texas, by and betweeen the CITY
OF LUBBOCK, hereinafter referred to as "LESSOR", and SONNY'S AIR FREIGHT CO.,
whose address is P. 0. Box 161, Lubbock, Texas 79408, hereinafter referred to
as "LESSEE", Witnesseth:
WHEREAS, LESSOR owns and operates a public airport designated as LUBBOCK
INTERNATIONAL AIRPORT herein called "AIRPORT", and
WHEREAS, the LESSEE desires to lease a certain area, described herein, for
office space; and
WHEREAS, it is agreed that this agreement shall be subordinate to the
provisions of any existing or future agreement between the 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; and
WHEREAS, all right, privileges and interests acquired herein by LESSEE at
the option of the LESSOR, following written notice of thirty (30) days, may be
suspended or finally terminated if such suspension or termination 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; and,
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 the premises hereinafter described and being:
An enclosed area underneath Jet Way Number 6 which constitutes 96 square
feet, as shown on "Exhibit A" attached hereto and made a part hereof for all
purposes.
The term of this agreement shall be from month to month for a period not
to exceed five years. Either party hereto may terminate this agreement upon
thirty (30) days written notice to the non -terminating party.
ARTICLE II
In consideration of the rights and privileges herein granted, LESSEE shall
pay to the LESSOR a rental rate of $8.25 for 96 square feet, i.e. $66.00 per
month. The aforesaid rental rate of $8.25 is broken down as follows: $5.63 -
Fixed fee to cover debt service and $2.62 - maintenance and operation. The
$2.62 maintenance and operation portion is subject to adjustment every three
years to reflect actual cost, however, in no event shall it exceed the CPI
changes for the same three year period.
ARTICLE III
This lease is granted subject to the following provisions and conditions:
1. The lease herein granted is subject to any and all applicable laws,
ordinances, rules and regulations pertaining to the Lubbock Airport.
2. The LESSEE shall not make, permit, or suffer any additions, improvement
or alterations to the property without prior written consent of the LESSOR. Any
such additions, improvements or alterations made with the consent of the LESSOR
shall be solely at the expense of the LESSEE and unless such consent provides
specifically that title to the addition or improvements so made shall vest in
the LESSEE, title thereto shall at all times remain in the LESSOR and such
additions or improvements shall be subject to all terms and conditions of this
instrument. The LESSEE agrees to hold the LESSOR harmless from mechanic's and
materialman's liens arising from any additions, improvements,,repairs or alterations
effected by the LESSEE.
3. 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 license.
4. The LESSEE agrees that it will at all times during the term of this
license maintain in good and serviceable condition all land, improvements,
facilities and equipment included herein, ordinary wear and tear excepted.
5. Except as provided herein, any property of the LESSOR, or for which
the CITY may be responsible, which is damaged or destroyed incident to the
exercise of the privileges herein granted shall be properly repaired or replaced
by the LESSEE to the satisfaction of the LESSOR and its authorized 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 or expense incurred by the LESSOR
by reason of the loss of, damage to, or destruction of such property.
6. The LESSEE agrees to indemnify, defend and forever save the LESSOR,
their authorized agents, representatives 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, his agents, servants, guests, employees or
business visitors under this agreement.
7. The LESSEE shall maintain at all times, at its sole expense, in-
surance with an insurance underwriter acceptable to the LESSOR and from one
authorized to do business in the State of Texas, against claims of public
liability and property damage resulting from LESSEE'S business activities at
the Airport. The amount of insurance coverage shall be not less than FIFTY
THOUSAND DOLLARS ($50,000) for property damages as a result of any one event,
or less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for personal injury or
death of any one person in any one event; or less than THREE HUDNRED THOUSAND
DOLLARS ($300,000) for personal injury or death or two or more persons in any
one event. Certificates of insurance or other satisfactory evidence shall be
filed with the City Secretary and an additional copy given to the Director of
Aviation prior to entry upon the premises by the LESSEE. Each policy shall
name the LESSOR, CITY OF LUBBOCK, as an additional insured as its interest may
appear. Each policy shall provide "It is agreed that insurer shall notify the
CITY OF LUBBOCK, TEXAS, of any alteration, renewal or cancellation of this
policy and that this policy shall remain in full force and effect until ten
(10) days after such notice is received by the Director of Aviation."
8. LESSEE shall furnish to the LESSOR satisfactory evidence that it
carries Workmen's Compensation Insurance in accordance with the laws of the
State of Texas.
9. Within 30 days following the date of expiration or termination of
this agreement, the LESSEE shall as required by.the LESSOR, vacate said pre-
mises, remove all property of the LESSEE and restore the land, improvements,
facilities and equipment included herein to as good conditon on such date of
expiration or termination as when received, ordinary wear and tear excepted. If
the LESSEE shall fail or neglect to remove said property and so restore the
land, improvements, facilities and equipment included herein, within 30 days of
said expiration or termination, then at the option of the LESSOR said property
shall either become the property of the LESSOR without compensation therefor or
the LESSOR may cause the property to be removed, the land, improvements, facilities
and equipment included herein to be restored at the expense of the LESSEE and
no claim for damages against the LESSOR or its officers, agents, or employees
shall be created or made on account of such removal and restoration.
10. The LESSEE, its agents and employees will not discriminate against
any person or class of persons by reason of sex, race, color, creed or national
origin in providing any services or in the use of any of its facilites provided
for the public, in any manner prohibited by the Federal Aviation Regulations.
The LESSEE further agrees to comply with such enforcement procedures as the
United States might demand that the LESSOR take in order to comply with the
Sponsor's Assurances (CITY).
LESSEE agrees to not discriminate against any employee or applicant for
employment because of race, creed, color, sex or national origin. The LESSEE
agrees to take affirmative action to insure that applicants are employed and
that employees are tested during employment without regard to their race,
creed, color, sex or national origin. Such action shall include, but not be
limited to employment, upgrading, demotion, or transfer, recruitment, layoff,
rates of pay or other forms of compensation, and selection for training, in-
cluding apprenticeship.
The LESSEE will conduct its activities and operate its facilities in
accordance with the requirements of Section 504 of the Rehabilitation Act of
1973 and will assure that no qualified handicapped person shall, solely by
reason of his or her handicap be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination, including discrimi-
nation in employment, under any program or activity of the LESSEE.
11. The LESSEE warrants that it has not employed any person employed by
the LESSOR to solicit or secure this Lease Agreement upon any agreement for a
commission, percentage, brokerage, or contingent fee.
12. Except with prior written consent of the LESSOR the LESSEE shall
not sublet any part of the premises or assign the license or any of its rights
hereunder.
13. The failure of the LESSOR to insist in any one or more instance upon
performance of any of the terms or conditions of this license 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 future
performance shall continue in full force and effect.
14. LESSEE shall provide a complete and proper arrangement for the
adequate sanitary handling and disposal away from the Airport, of all trash,
garbage and other refuse caused as a result of the operation of its business at
its sole expense.
15. LESSEE agrees that the LESSOR shall have, and it hereby grants the
LESSOR a lien on all LESSEE'S property of whatsoever nature placed in or upon
the premises, to guarantee the payment of any and all arrearages.
16. Except for exterior building and structural maintenance by the City,
as provided hereinafter in Article IV, LESSEE shall be obligated, without cost
to City, to maintain its exclusive leased premises and every part thereof.
ARTICLE IV
City shall be responsible for and shall perform exterior building main-
tenance and structural maintenance throughout the Leased Premises and, at no
additional charge, provide maintenance of mechanical and electrical systems
installed by the City.
City shall not, however, be required to perform maintenance and make
repairs occasioned by the negligence of LESSEE or its employees, agents,
servants, patrons, and invitees, in which case the City may perform such
maintenance or make such repairs as necessary and charge the costs of the same
to the LESSEE, provided LESSEE has failed to perform such maintenance or make
such repairs within a reasonable time after a request in writing from the City
to do so.
Executed this 14th day of May , 1981.
SONNY'S AIR FREIGHT CO. CITY OF LUBBOCK, TEXAS
Sonny �Jan
ATTEST: P
Bi 1 McAlister, Mayor
AT EST:
velyn G Wf9a
City Secretary-Treasur4)
APPROVED AS TO CONTENT:
Marvin Coffee, Director of Aviation
Ygel*adams�.
VED AS TO FORM: Asst. City Attorney
a `
� � o
,�� 17 _4tJ►L b�TS Gr EaCL� �QOF/ �� � s
P
•,
rwldo Gods
40 as
10 IL
•y� 1 1
• i ♦ • s t . • • • • \ i
46
a It's
•Ataw
• r��
� b
• � \ � ram.
•A�►
r (G/