HomeMy WebLinkAboutResolution - 4672 - Addendum #4 To Lease Agreement- AS Airlines Inc- Facilities Fees, LIA - 12_08_1994Resolution No. 4672
December 8, 1994
Item #8
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 Addendum No. 4 to the Airline Lease
Agreement with Atlantic Southeast Airlines, Inc., Assignee, attached hereto, which
Addendum 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
ATTEST-.'-
etty . Johnson City Secretary
APPROVED AS TO CONTENT:
1m Newsome, A.A.E., Interim Director
of Aviation
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
HW : dp/ccdocs/Southest.res
November 21, 1994
Resolution No. 4672
December 8, 1994
Item #8
ADDENDUM NO.4
TO AIRLINE LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF LUBBOM TEXAS
AND
ATLANTIC SOUTHEAST AIRLINES, INC., ASSIGNEE
WIIEREAS, the City of Lubbock, Texas, hereinafter referred to as "City", and
Delta Air Lines, Inc., hereinafter referred to as "Assignor", executed an Agreement,
hereinafter referred to as the "Agreement", on or about June 9, 1983, in which Lessee
agreed to lease from City space and facilities in the terminal building at Lubbock
International Airport sufficient to conduct its business of air transportation at said Airport;
and
WHEREAS, on or about December 20, 1993, Assignor assigned the above -
referenced Agreement and all addendums thereto to Atlantic Southeast Airlines, Inc., a
corporation incorporated under the laws of the State of Georgia, hereinafter referred to as
"Lessee," and
WHEREAS, both City and Lessee, pursuant to Article VH of the Agreement, have
in good faith renegotiated certain fees and charges for the use of such space and facilities
in the terminal building, and desire to amend the Agreement to reflect such renegotiated
charges;
NOW THEREFORE, the Airline Lease Agreement hereinabove referred to is
hereby amended as follows:
1. Section 6.02 of the Agreement, as amended by ADDENDUM NO. 1 to the
Agreement, is hereby further amended by modifying the second paragraph of such section
(as it appears in ADDENDUM NO. 1) to read as follows:
Effective October 1, 1988, the fee for the use of the landing area and
facilities necessary therefor as granted hereunder, except those for which rentals
are specifically provided elsewhere herein, shall be L_4� per 1,000 pounds of the
approved maximum gross landing weight of each actual flight operated. Effective
October 1, 1991, the fee for the use of such landing area and facilities shall be 50
per 1,000 pounds of the approved maximum gross landing weight of each actual
flight operated. Effective October 1, 1994, the fee for the use of such landing area
and facilities shall be 55 per 1,000 pounds of the approved maximum gross
landing weight of each actual flight operated. Effective October 1, 1995, the fee
for the use of such landing area and facilities shall be 60 per 1,000 pounds of the
approved maximum gross landing weight of each actual flight operated. Effective
October 1, 1997, the fee for the use of such landing area and facilities shall be 65
per 1,000 pounds of the approved maximum gross landing weight of each actual
flight operated.
2. The first paragraph in Section 6.04 of the Agreement is hereby amended to
read as follows:
Section 6.04 - Rental for Public Address System. Effective October 1,
1994, Lessee shall pay a rental rate of $35.00 per month per microphone
connection located on the Exclusive Leased Premises and the non-exclusive use
premises.
EXECUTED this 8th
CITY
DAVID R LANGSTON,
ATTEST:
&M)� cl�r5�
Betty M.'JohnsA City Secretary
APPROVED AS TO CONTENT:
JkWNewsome, A.A.E.
Interim Director of Aviation
APPROVED AS TO FORM:
day of December 19 94
ATLANTIC SOUTHEAST AIRLINES,
INC.
AY:
YOR
9�-W&��
Haroldard, Assistant City Attorney
HW:da
a:hwdt/a4-atlnc.dx
September 29.1994
ATTEST:
ADDENDUM NO.4 — ATLANTIC SOUTHEAST AIRLINES, INC. Page 2