HomeMy WebLinkAboutResolution - 2023-R0564 - Amendment No. 4 To Contract 15038, With Webber, LLC - 11/14/2023Resolution No. 2023-R0564
Item No. 7.16
November 14, 2023
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 Fourth Amendment to Lease Agreement by and
between the City of Lubbock and Webber LLC., for certain real properiy located at Lubbock
Preston Smith International Airport (LPSIA), 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 November 14, 2023
TRA ,, AYOR
ATTEST:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
Kelly Lampbell, i`lxecutive Director of Aviation
APPROVED AS TO FORM:
rtche ite, � i t istant City Attorney
ccdocs IIIRES.Lease Agrmt-Webber, LLC
October 24, 2023
Resolution No. 2023-R0564
STATE OF TEXAS �
COUNTY OF LUBBOCK §
KNOW ALL MEN BY THESE P�{ESENTS:
FOUI2TH AMENllMENT TO LEASE AGKEEMENT
THIS FOURTH AMENDMENT TO LEASE AGItEEMENT, hereinafter referred to as the
"AmendmenY' is entered into by the CITY OF LUBBOCK (referred to herein as "City" or "Lessor"), a
Home Rule Municipality of Lubbock County, Texas, and WEBBER LLC., (referred to herein as
"Lessee").
WITNESSETH:
WHER� :AS, City and Lessee executed a Lease Agreement ("Agreement") on November 19,
2019, in which Lessee was granted the right to utilize approximately 45,150 square feet of land located
on the east side of Preston Smith International Airport (referred to herein as Airport); and
WHERI:AS, City and Lessee executed an Amendment to Lease Agreement on March 9, 2021 to
extend the term of the Lease until December 31, 2021;
WHERI?AS, 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
WHER�AS, City and Lessee executed a Third Amendment to Lease Agreement on December
13, 2023 to extend the term of the Lease until December 31, 2023; and
WHER�AS, Lessee requests the term of the Agreement be extended until December 31, 2024,
and rates adjusted accordingly.
NOW THERGFORL, 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
D�CEMBER 31, 2024."
II.
Article Three, 3.01 Rentals is amended to read as follows:
"3.01 R�?NTALS
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 $0.2770 per square foot, per year. The annual rent will be
TWELVE THOUSAND FIVE HUNDI�ED SIX AND 55/100 DOLLARS
($12,506.55) which shall be due and payable, in twelve (12) equal monthly
installments of ONE THOUSAND FORTY TWO AND 21/100 DOLLARS
($1,042.21)."
III.
Article Six, General Conditions, is amended by adding a new Section 6.11 TEXAS GOVERNMENT
CODE CHS. 2252/2253 CONTRACTOR BOND/NOTICE R1:QUIK�MENTS to read as follows:
"6.11 TEXAS GOVERNMENT CODE CHS. 2252/2253 CONTItACTOR BOND/NOTIC�
RI:QUIRI :MENTS.
A. Lessee shall include in any contract for the construction, alteration, or repair of an
improvement to the Premises ("Construction Activities"), a condition that the contractor
performing said Construction Activities ("Contractor") execute and provide: 1) a payment bond
that conforms to Subchapter I, Chapter 53, Texas Property Code; and 2) a performance bond,
naming the Lessor as the sole obligee, in an amount equal to the amount of the contract, and
further conditioned on the faithful performance of the Contractor's work in accordance with the
plans, specifications, and contract documents (collectively the "Bonds").
B. Lessee shall provide Lessor written notice of any Construction Activities to the
Premises at least ninety (90) days in advance of the commencement thereof. Notice shall include
the following: 1) identification of the property where the work will be performed; 2) description
of the work to be performed; 3) statement of the total cost of the work to be performed; 4)
properly executed original copies of the Bonds required under Section A above; and 5) a written
Webber LLC
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acknowiedgment, in a form acceptable to Lessor and signed by the Contractor, stating that copies
of the Bonds will be provided to all subcontractors not later than five (5) days after the date a
subcontraci is executed.
C. Notwithstanding any other provision in this Agreement, Lessee understands and
agrees that Lessor retains the right, on or before the tenth (lU`h) day the notice required in
Section I3 above is received, to notify Lessee that the Construction Activities may not proceed.
Lessor shall not be liable for any damages in connection with Lessee's activities that were
undertaken prior to Lessor's excrcisc of this right."
All other terms and conditions of the Agrcement shall remain unchangcd and in full forcc and effect.
CXECUTCD this
THC CITY OP
BY:
TRt1Y PA'
A'fTLS1':
Courtney Paz, City Seereta
APPROVCD AS TO CONTCNT:
Ke y C pbell, Exe tive Director of Aviation
,� � � �.
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J � 1�' ' / �'�//.I�i ,
: �,
14th day of November , 2023.
WE[3BER L C
BY: •
Title: �Li �- ���'3 S�. /���' ��'
Date: /d Z7��nL'3
Webber LLC
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