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HomeMy WebLinkAboutResolution - 2006-R0182 - Amendment To Lease Agreement - South Plains Professional Hockey Club Ltd. - 04_13_2006Resolution No. 2006-RO182 April 13, 2006 Item No.6.3 RESOLUTION 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 an Amendment to a Lease Agreement with South Plains Professional Hockey Club, Ltd., and any associated 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 Council. APPROVED AS TO CONTENT: Civic Ser46es Director APPROVED AS TO FORM: Attorney gs/ccdocs/res-amend-Lease Agrmnt-Hockey Club March 30, 2006 Resolution No. 2006-R018, April 13, 2006 Item No. 6.3 LEASE AGREEMENT LUBBOCK MUNICIPAL COLISEUM THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is made and entered into this 13th day of April , 2006, in the City of Lubbock, Lubbock County, Texas, by and between the City of Lubbock, a municipal corporation of the State of Texas, (hereinafter called "CITY') acting by and through its Mayor and other designated representatives, South Plains Professional Hockey Club, Ltd. a limited partnership (hereinafter called "LESSEE") amending that certain Lease Agreement between the said parties executed October 13th, 2005 a copy of which Lease Agreement is attached hereto and incorporated herein for all purposes. Whereas, it is a public purpose of the CITY to operate the Coliseum and to have regularly scheduled events therein for the public and to amend the said Lease Agreement as hereinafter set forth; and NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 2. TERM. Of the said Agreement is hereby amended to read as follow: a. The term of this Agreement shall be for a period beginning September 1, 2005 and ending May 15, 2006. LESSEE shall have the use of the Coliseum for professional ice hockey games and practices during the term of this Agreement beginning September 1, and ending March 15, of each year, which time period shall be hereafter referred to as the "SEASON," and, if necessary for playoffs, an extended time period beginning March 16, and ending April 30, of each year, hereafter referred to as "POST SEASON." LESSEE'S use of the Coliseum for professional ice hockey games and practices during a SEASON or POST SEASON shall be subordinate to any pre-existing Agreement of the Coliseum for any time period during a SEASON or POST SEASON. CITY shall make every reasonable effort to guarantee a minimum of thirty (30) game dates during a SEASON, the specific dates being subject to availability of the Coliseum as noted above 3. OPTION TO RENEW. If no event of default on the part of LESSEE exists hereunder and if the CITY determines that the Coliseum will remain operational, LESSEE shall have the option to renew and extend the term of this Agreement on an annual basis for an additional three (3) seasons beginning September 1, 2006, and ending April 30, 2009, under the established terms and conditions of this Lease Agreement in effect at the time of the exercise of such options. Said option shall be exercised by LESSEE by way of written notice to CITY not later than May 15, 2006, and not later than April 1 of each year thereafter of its intent to renew and extend for an additional period. 4. All other terms and conditions of the said Lease Agreement remain in full force and effect. 5. CITY COUNCIL APPROVAL. CITY represents and warrants that this LEASE AGREEMENT has been approved by the City Council of Lubbock, Texas. It is understood and acknowledged by CITY and LESSEE that any extensions of this LEASE AGREEMENT as provided for above, are subject to the approval of the Lubbock City Council. IN WITNESS WHEREOF, we have hereunto set our hands as date first above written. City of Lubbock: ATTEST: L Reb cca Garza, City Secretary APP VED AS TO CONTENT: Freddy Cha z, Civic Servic0birector APPROVED AS TO FORM: Jo . Knight Assistant City Attorney Hockey Lease Agreement 2 South Plains Professional Hockey Club Ltd.: Todd Chisnell, General ManE ger