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HomeMy WebLinkAboutResolution - 2008-R0080 - Amendment To Lease Agreement - Federal Express Corporation - 02_28_2008Resolution No. 2008-R0080 February 28, 2008 Item No. 5.23 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 Amendment 42 to the Lease Agreement with Federal Express Corporation to include an additional 92,800 square feet adjacent to the south edge of the leased ramp area at Lubbock Preston Smith International Airport. 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. Passed by the City Council this 28th day of February , 2008. DAVID A. MILLER, MAYOR ATTEST: Reb cca Garza, City ecret VEIL AS TO Ja es W. Loomis, Transportation & eblic Works Assistant City Manager APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Uxityatt/Linda/Resolutions and ccdocs: Res -Fed Express Amend 42 February 13, 2008 9�oio�-qua Resolution No. 2008—R0080 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § AMENDMENT #2 TO LEASE AGREEMENT This Agreement is entered into by the CITY OF LUBBOCK (referred to herein as "City"), a Home Rule Municipality of Lubbock County, Texas, and FEDERAL EXPRESS CORPORATION (referred to herein as "Federal Express"). WITNESSETH: WHEREAS, City and Federal ]Express executed a Lease Agreement on the 23rd day of March, 1995, in which Federal Express was granted priority use of approximately 158,400 square feet (320' X 495') of ramp area at the Airport for the purpose of conducting air express operations; and WHEREAS, Federal Express and City executed a lease amendment on September 4, 2003 which added 92,800 square feet (320' X 290') of ramp area adjacent to the south edge of the original ramp; WHEREAS, Federal Express exercised its first renewal option in accordance with Section 2.01 of the Lease Agreement, and the term of the Lease Agreement is currently in the first renewal period; WHEREAS, Federal Express desires to amend the Lease by adding another 92,800 square feet (320' X 290') of ramp area immediately adjacent to the south edge of the above mentioned ramp areas: WHEREAS, the lease amendment fees will become effective at the time Federal Express began occupying the ramp area; NOW THEREFORE, City and Federal Express agree as follows: I, Article I, is amended by adding the following sentence to paragraph one: "City hereby authorizes Federal Express to exercise the rights, powers, and privileges herein set forth and grants Federal Express a second additional 92,800 square feet of ramp area as depicted in Exhibit C." II. Article 111, Fees, Section 3.01, is amended by adding the following sentence to the first paragraph: "Federal Express shall pay to City an additional ramp use fee of TWENTY- SEVEN THOUSAND NINE HUNDRED THIRTY-TWO AND 80/100 DOLLARS ($27,932.80) per year for priority use of the 92,800 square feet shown in Exhibit C, which fee shall be computed at the rate of $0.301 per square foot per year and shall be payable in equal monthly installments of TWO THOUSAND THREE HUNDRED TWENTY-SEVEN AND 73/100 DOLLARS ($2,327.73) prior to the tenth (10`h) day of each month this Agreement is in effect." M. This amendment shall be effective as of April 1, 2007. Amendment ##2 to Federal Express Corporation Page 2 Executed this 28th day of February , 2008. CITY OF LUBBOCK FEDERAL EXPRESS CORPORATION B�`"'r� Y: C� xv DAVID . MILLER, MAYOR ATTEST: LQ DDC-� Reb cca Garza, City Secret VED AS TO CONTENT: Vbfic es W. Loomis, Transportation & Works Assistant City Manager APPROVED AS TO FORM: Linda Chamalcs, Senior Attorney Office Practice Section Title: Yr A*t." Date: dW717-ab Approved Legal Department WJALJ �.-rROVED y - i 5 RT IN o� Amendment #2 to Federal Express Corporation Page 3 a --- RUNWAY 17L-35R TAXIWAY L z CEDAR ST.� w w w F Lubbock Preston Smith International Airport