HomeMy WebLinkAboutResolution - 2011-R0394 - Amendment To Lease - Continental Airlines Inc. - 09_08_2011Resolution No. 2011-RO394
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 Continental 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
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TOM MARTIN, MAYOR
ATTEST:
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Rebe-ca Garza, City Secret
APPROVED AS TO CONTENT:
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Loomis, Director of Aviation
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Airport-Amend Continental Airlines Agrmt
August 18, 2011
Resolution No. 2011-RO394
AMENDMENT TO CERTIFICATED PASSENGER AIRLINE
OPERATING AGREEMENT AND TERMINAL
BUILDING LEASE BETWEEN THE CITY OF LUBBOCK
AND CONTINENTAL AIRLINES, INC.
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This Amendment (the "Amendment") is entered into this day of - ,
2011, by and between the City of Lubbock, a Texas home rule municipal corporation
("City") and Continental 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.
The rates charged for landing fees and terminal rental shall be as set
forth in Exhibit "B" attached hereto and incorporated herein by reference.
4. All terms and provisions of the Original Agreement shall remain in full
force and effect as originally written and are binding on the City and
Airline, except as amended herein.
1N WITNESS WHEREOF, the parties have executed this instrument on the date
set forth above.
Amendment to Certificated Passenger.4irline-Condinental Airlines. Inc. 0� I
CONTINENTAL AIRLINES, INC.
BY:
PRINTED: Gavin Molloy
Managing Director
TITLE: Corporate Real Estate
CITY OF LUBBOCK
Tom Martin, Mayor
ATTEST:
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Rebe ca Garza, City Secretary
APPXOVED AS TO CONTENT:
Loomis, Director of Aviation
APPRVVED AS TO FORM:
Chad Weaver, Assistant City Attorney
Amendment to Certificaled Passenger A irline-CowinewalAirlines, Ine. 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
.4mendment to Certificated Passenger Airline-Carrtinetrial Airlines. Me.
Pg 3