HomeMy WebLinkAboutResolution - 2021-R0308 - Amendment No. 2 Lease Agreement - Airport 8.24.21Resolution No. 2021-R0308
Item No. 7.23
August 24, 2021
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
and on behalf of the City of Lubbock, a Second Amendment to Lease Agreement by and betw
the City of Lubbock and HMS International, Inc., in connection with certain concessions offe
at the Lubbock Preston Smith International Airport, and related documents. Said Sea
Amendment to Lease Agreement is attached hereto and incorporated in this resolution as if f
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on
August 24, 2021
DANIEL M. POPE, MAYOR
ATTEST:
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Reb&c,a Garza, City Se et
APPROVED AS TO CONTENT:
Kelly Campbell, Director of Aviation
FORM:
City Attorney
ccdocs/RES.Agrmt-HMS International Inc.
July 20, 2021
Resolution No. 2021-R0308
SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to Lease Agreement ("Amendment') is entered into on
this, the 24th day of August ' 2021 by and between the City of Lubbock, Texas, a
Texas municipal corporation ("Lessor") and Host International, Inc. ("Lessee"),
collectively the "Parties".
WHEREAS, Parties entered into a lease (the "Lease") dated February 25, 1999
(Resolution No. 6213) in connection with certain real property described therein and
located at the Lubbock Preston Smith International Airport (the "Premises") for a term of
seventeen (17) years (the "Term"), with an option to extend the term for an additional
five (5) year period; and
WHEREAS, the Parties by mutual agreement extended the Lease per its original
terms until January 31, 2021; and
WHEREAS, on January 26, 2021 the Parties amended the Lease to extend the
term for one (1) additional year, and further modified the Rental Schedule (Resolution
No. 2021-R-0029); and
WHEREAS, due to the continuing uncertainty and persistence of the effect of
COVID-19 on operations and concession sales at the Lubbock Preston Smith
International Airport, the Parties desire to amend the Lease to permit the term to be
extended one (1) additional year, and include an option to extend the term by one (1)
additional year until January 31, 2024; and
WHEREAS, the Parties desire that all other remaining terms and conditions set
forth in the Lease remain in full force and effect.
NOW THEREFORE, in consideration of the promises made herein, and for valuable
consideration the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto agree as follows:
1. Article 11 of the Lease is amended by adding a new Section 2.01.01 to
read as follows:
"2.01.01 ADDITIONAL TERMS; OPTION TO EXTEND.
This agreement may be extended upon the mutual written agreement
of both Lessor and Lessee for two (2) additional one (1) year terms,
expiring January 31, 2023, if so exercised.
Thereafter, the Parties shall have the option of extending the term of
the agreement by one (1) final additional year until January 31, 2024;
provided, however, that to exercise this option, the Parties must agree
In writing to do so no later than six (6) months prior to the end of the
second extension year."
2. All other terms and conditions of the Lease shall continue in full force
and effect for all purposes.
CITY OF LUBBOCK, Lessor
DANIEL M. POPE, Mayor
Attest:
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Rebe oa Garza, City Se tary
APPROVED AS TO CONTENT:
Kelly�Cabell, Dlrect r of Aviation
APPROVED
atte , First Assistant City Attorney
Host Intemational, Inc., Lessee
A.WZ1,
Jeffilf L. Mersch
Assistant Secretary