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HomeMy WebLinkAboutResolution - 2011-R0393 - Amendment To Agreement And Lease - American Airlines Inc. - 09_08_2011Resolution No. 2011—RO393 September 8, 2011 Item No. 5.25 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment to that certain Certificated Passenger Airline Operating Agreement and Terminal Building Lease dated October 1, 2006, by and between the City of Lubbock and American Airlines, Inc., and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on September 8, 2011 iryn. TO ARTIN, MAYOR ATTEST: Reber a Garza, City Secreta ED AS TO CONTENT: s, Director of Aviation APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Airport-Amend American Airlines Agrmt August 18, 2011 Resolution No. 2011—RO393 AMENDMENT TO CERTIFICATED PASSENGER AIRLINE OPERATING AGREEMENT AND TERMINAL BUILDING LEASE BETWEEN THE CITY OF LUBBOCK AND AMERICAN AIRLINES, INC. September, This Amendment (the "Amendment") is entered into this 8th day of , 2011, by and between the City of Lubbock, a Texas home rule municipal corporation ("City") and American Airlines, Inc. ("Airline"). WHEREAS, on or about October 1, 2006, City and Airline entered into that certain Certificated Passenger Airline Operating Agreement and Terminal Building Lease (the "Original Agreement"), upon conditions stated therein, WHEREAS, the term of the Original Agreement will expire on September 30, 2011; WHEREAS, City and Airline desire to amend the Original Agreement to extend it for five (5) years and to make modifications as agreed to by the parties and set forth herein. NOW, THEREFORE, City and Airline hereby agree as follows: The term of the Original Agreement is hereby amended as follows: The term of this Agreement shall continue without interruption until September 30, 2016. 2. Paragraph 5.07(F) of the Original Agreement shall be amended in its entirety to read as follows: In the event Airline fails to submit its monthly activity reports as required in Section 5.06A, Airline shall pay to City a penalty fee of $250.00 for each day a report is past due. 3. The rates charged for landing fees and terminal rental shall be as set forth in Exhibit "A" attached hereto and incorporated herein by reference. 4. All terms and provisions of the Original Agreement shall remain in fall force and effect as originally written and are binding on the City and Airline, except as amended herein. IN WITNESS WHEREOF, the parties have executed this instrument on the date set forth above. Amendment to Certificated Passenger Airline -American Airlines, Inc. Pg I AMERICAN AIRLINES, �9192,_jLd- 4Arr "PRINTED: chotbuft TITLE: ManagIng DimcW CUP*RWESL- I:- CITY OF LUBBOCK Tom Nlartin, Mayor ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO -CONTENT: Loomis, Ndctor oe Aviation APPROVED AS TO FORM: a L Chad Weaver, Assistant City Attorney Amendment to Certificated Passenger Airline -American Airlines, Inc. Pg 2 EXHIBIT B Landing fee rates and Terminal rental rates will be as set forth in this Exhibit B during the Term of the Agreement. Any revisions to these amounts will be as permitted in Article 5. Landing Fee Rate Terminal Rental Rate October 1, 2011 — September 30, 2012 $1.29 $26.60 October 1, 2012 — September 30, 2013 $1.32 $27.23 October 1, 2013 — September 30, 2014 $1.43 $27.88 October 1, 2014 — September 30, 2015 $1.47 $28.55 October 1, 2015 — September 30, 2016 $1.51 $29.23 Amendment to Certificated Passenger Airline -American Airlines, Inc. Pg 3