HomeMy WebLinkAboutResolution - 2022-R0522 - Amendment 3 to Contract 15038 with Webber - AirportResolution No. 2022-RO522
Item No. 5.21
December 13, 2022
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
for and on behalf of the City of Lubbock, a Third Amendment to that certain Lease Agreement
dated November 19, 2019, concerning certain real property located at the Lubbock Preston
Smith International Airport, by and between the City of Lubbock and Webber, LLC, and
related 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 City Council.
Passed by the City Council on
ATTEST:
Rebec a Garza, City SecretkY-)
APPROVED AS TO CONTENT:
December 13, 2022
TRAY PAYNE, MAYOR
Kelly Carkpbell, Exdcutive Director of Aviation
APPRO
City Attorney
ccdocs/RES.31 Amend Agrmt-Webber, LLC
November 1, 2022
Resolution No. 2022-RO522
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT, hereinafter referred to as the
"Amendment" is entered into by the CITY OF LUBBOCK (referred to herein as City), a Home Rule
Municipality of Lubbock County, Texas, and WEBBER LLC., (referred to herein as Lessee).
WITNESSETH:
WHEREAS, City and Lessee executed a Lease Agreement ("Agreement") on November 19,
2019, in which Lessee was granted the right to utilize approximately 45,000 square feet of land located
on the east side of Preston Smith International Airport (referred to herein as Airport); and
WHEREAS, City and Lessee executed an Amendment to Lease Agreement on March 9, 2021 to
extend the term of the Lease until December 31, 2021;
WHEREAS, City and Lessee executed a Second Amendment to Lease Agreement on December
21, 2021 to extend the term of the Lease until December 31, 2022; and
WHEREAS, Lessee requests the term of the Agreement be extended until December 31, 2023,
and rates adjusted accordingly.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Lessor and Lessee agree to the following:
I.
Article Two, 2.01 Term of the Agreement is amended to read as follows:
"The initial term of this Agreement shall begin on NOVEMBER 1, 2019 and terminate on
DECEMBER 31, 2023."
II.
Article Three, 3.01 Rentals is amended to read as follows:
"3.01 RENTALS
In consideration of the rights and privileges herein granted as singularly related to its use
and enjoyment of the Leased Premises, Lessee shall pay to the City the following:
A. The annual rental rate is $0.2689 per square foot, per year. The annual rent will be
TWELVE THOUSAND ONE HUNDRED FORTY AND 84/I00 DOLLARS
($12,140.84) which shall be due and payable, in twelve (12) equal monthly
installments of ONE THOUSAND ELEVEN AND 74/100 DOLLARS ($1011.74).
B. CONSUMER PRICE INDEX
The parties hereto mutually agree that during the initial term of this Agreement, and
during any renewal period, except as otherwise might be set out in this Agreement,
the rental rates will be adjusted upward or downward for each ensuing calendar year
beginning January 1, 2023, in direct proportion to the fluctuation in the U.S.
Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI) for All
Urban Consumers. Any adjustment to the rental rates resulting from changes in the
CPI shall be determined by calculating the increase or decrease in the CPI for the
preceding twelve (12) months."
All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.
EXECUTED this 13th day of December , 2022.
THE CITY OF LU K WEB BER
BY: 7/1; BY:
A MAYOR
ATTEST:
A`
Rebefia Garza, City SeciE)
Webber LLC
Page 2
Title: SR. PROJECT MANAGER
Date: ' / ✓ 150 Zy�Z
APPROVED AS TO CONTENT:
Kelly CaMpbell, Executive Director of Aviation
Webber LLC
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