HomeMy WebLinkAboutResolution - 2011-R0395 - Amendment To Lease - Delta Airlines Inc. - 09_08_2011Resolution No. 2011-RO395
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
April 1, 2009, by and between the City of Lubbock and Delta 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
TOM MARTIN, MAYOR
ATTEST:
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Reb ca Garza, City Secret
APPROVED AS TO CONTENT:
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Loomis, Director of Aviation
APPROVED AS TO FORM:
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Chad Weaver, Assistant City Attorney
vw:cedocs/RES.Airport-Amend Delta Airlines Agrmt
August 18, 2011
Resolution No. 2011—RO395
AMENDMENT TO CERTIFICATED PASSENGER AIRLINE
OPERATING AGREEMENT AND TERMINAL
BUILDING LEASE BETWEEN THE CITY OF LUBBOCK
AND DELTA AIR LINES, 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 Delta Air Lines, Inc. ("Airline").
WHEREAS, on or about April 1, 2009, 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 S250.00 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 "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.
IN WITNESS WHEREOF, the parties have executed this instrument on the date
set forth above.
Amenchneni to Certificated Passenger Airline -Delta Air Lines, Inc. Pg 1
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CITY OF LUBBOCK
Tom artin, Mayor
ATTEST:
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Reb cca Garza, City Secret
OVED AS TO CEO ' INT:
Loomis, Director of Aviation
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
Amendment to Cerrificated Passenger Airline -Delta Air Lines, Inc. Pg 2
Resolution No. 2011—RO395
EXHIBIT B
Landing fee rates and Tenninal rental rates will be as set tarth in this Exhibit B during the Tenn of the
Agreement. Any revisions to these amounts will be as permitted in Article 5.
Landing Fee Rate
Terminal Rental
Rate
October t, 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
Anicndment to Certificated Pasvcnget•.4irline-Delta.4irLines. Inc. Pg 3