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HomeMy WebLinkAboutResolution - 2004-R0559 - Supplemental Agreement Amending Lease At International Airport - 11_18_2004Resolution No. 2004-RO559 November 18, 2004 Item No. 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 a Supplemental Agreement No. 1 with the United State of America, represented by the Federal Aviation Administration, amending Lease No. DTFA07-88-L-01016 at the Lubbock International Airport, and all related documents. Said Agreement 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 ATTEST: 18th day of November , 2004. eC GAL, MAYOR 00 Ole A^ -/�� Rebecca Garza, City Secretary AS TO CONTENT: Loomis, Director ofIAviation APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section LC: L/ATTY/Linda/RES-FAA AMENDMENT remote October 29, 2004 Resolution No. 2004-RO559 November 18, 2004 Item No. 23 DEPARTMENT OF TRANSPORTATION "I._ FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION FORT WORTH, TEXAS 76193-0054 Lease No. DTFA07-88-L-01016 RT/RR Plots & Access Road RT/RR Cabling Right -of -Way ASR-5 Cabling Right -of -Way Lubbock International Airport Lubbock, Texas SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this 18th day of November , 2004, by and between CITY OF LUBBOCK, TEXAS, whose address is Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401, for itself, its successors and assigns, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, represented by the Federal Aviation Administration, hereinafter referred to as the Government, WITNESSETH, That: WHEREAS, on November 12, 1987, the parties hereto entered into Lease No. DTFA07-88-L-01016, for the consideration and purpose more particularly stated in said lease; and, WHEREAS, the Government has an operational requirement to incorporate an additional land site to the subject lease for another remote transmitter (RTR-C) facility which has been in commission for sometime but never added to said lease; and, WHEREAS, both parties agrees to adding the required site, to include all necessary access, cabling installation, equipment and improvements for the remote transmitter facility. NOW THEREFORE, effective immediately, the parties hereto mutually agree to amend the basic lease, as previously amended in the following particulars only, VIZ: Amend Article 1 to add the following; REMOTE TRANSMITTER — PLOT C Commence at the southwest corner of remote receiver -Plot B (RTR PROPERTY TIE); thence S11° 00'E, 455.5 feet to a point; thence S79° 00'W, 555.2 feet to the POINT OF BEGINNING, thence continue S 11 ° 00'E, 200 feet to a point; thence S79° 00'W, 200 feet to a point; thence NI I' 00'W, 200 feet to a point; thence N790 001E, 200 feet to the POINT OF BEGINNING; an Supplemental Agreement No. 1 Lease No. DTFA07-88-L-01016 RT/RR Plots & Access Road RT/RR Cabling Right -of -Way ASR-5 Cabling Right -of -Way Lubbock International Airport Lubbock, Texas area containing a 0.918 acre, as more particularly shown on FAA Drawing Nos. SW-D-7809-2, Exhibit "D," revised February 1, 1973, and SW-D-7809-1-02, Exhibit "E," revised September 7, 1995, attached hereto and made a part hereof; and A 30-foot wide Access Drive as more particularly shown on Drawing No. SW-D-7809-2, revised September 7, 1995, identified as Exhibit "E", attached hereto and made part hereof. ALL OTHER TERMS AND CONDITIONS of the basic lease are hereby ratified and except as amended hereinabove shall be and remain the same. IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the date first above written. CITY OF LUBBOCK, TEXAS By:4w/ Title: Mayor 1 Tax ID Number: 1-75-6000590-6 ATTEST/SEAL: UNITED STATES OF AMERICA By: 4� 0 — ' �) r -),- L G en D. Batts Title: Contracting Officer APPROVED AS TO FORM: Rebecca Garza, City Secretary 16 Linda L. Chamales, Senior Attorney Office Practice Section AS TO CONTENT: W. Loomis, Director of Aviation Supplemental Agreement No. 1 Lease No. DTFA07-88-L-01016 RT/RR Plots & Access Road RT/RR Cabling Right -of -Way ASR-5 Cabling Right -of -Way Lubbock International Airport Lubbock, Texas CORPORATE CERTIFICATE I, Rebecca Garza , certify that I am the City Secretary of the Corporation named in the foregoing agreement, that Marc McDougal who signed said agreement on behalf of said corporation, was then Mayor thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 18th day of November , 2004. Signed by Rebecca Garza, City Secret y CORPORATE SEAL