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HomeMy WebLinkAboutResolution - 2014-R0402 - Lease Agreement - EAN Holdings LLC - LPSIA - 12/04/2014Resolution No. 2014-80402 Item No. 6.10 December 4, 2014 RESOLUTION 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 on behalf of the City of Lubbock, Amendment 2 to a certain ground lease agreement by and veep the City of Lubbock and FAN HOLDINGS, LLC d/b/a ENTERPRISE RENT -A -CAR at Preston Smith International Airport, and related documents. Said Amendment is attached ;to and incorporated in this resolution as if fully set forth herein and shall be included in the utes of the City Council. by the City Council on December 4, 2014 TTEST: Garza, City AS TO CONTENT: Kelly Campbell, Executive Director of Aviation APPROVED F iVfi hel Satt hite, Assistant City Attorney RLS.Lease Agmt Amend-EAN HOWNGS, LLC 9.12.14 Resolution No. 2014-RO402 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 EAN HOLDINGS, LLC d/b/a ENTERPRISE RENT -A -CAR (referred to herein as "Lessee"). WITNESSETH: WHEREAS, City and Lessee executed a Lease Agreement on the 26`h day of July, 2012, in which Lessee was granted the right to operate an automobile rental service for ground transportation for passengers arriving at and departing from the Airport; and WHEREAS, City and Lessee executed a Lease Amendment on the 11th day of July, 2013, in which Lessee was granted an additional 48,000 square feet of land for automobile parking in the overflow parking lot making a total of 68,000 square feet; and WHEREAS, Lessee desires to lease an additional 59,220 square feet for automobile parking adjacent to their service facility lot; and WHEREAS, the additional 59,220 square feet area will be used only for grounded automobiles or Lessee's employee parking; and WHEREAS, the Lessee shall provide at their expense temporary fencing and gates to enclose the additional 59,220 square feet of leased premises; and NOW THEREFORE, Lessor and Lessee agree to the following amended terms: I. Article Four, A. 2. Ground Lease (Service Facility), is amended to read as follows: "For each month that this lease is in effect, the Lessee shall pay to the City, rentals for a ground lease on an area to be used as a service facility and additional parking consisting of 127.220 square feet of exclusive lease area, as shown on Exhibit `B", `B I", and `B2" at the rate of $0.1700 per sq. ft. per year. On January 1, 2015, and each year thereafter on the same month and day for the remainder of the term of this Agreement, the rental rate for the area to be used as a service facility and additional parking shall be adjusted upward or downward in accordance with the increase or decrease for the preceding twelve (12) months in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Government. In regard to the property described on Exhibit `B2", the following provisions shall apply: (a) The Lessee shall install, at its own expense, temporary fencing and gate materials being satisfactory to the Executive Director of Aviation, in her sole discretion; (b) The Lessee shall only use the additional 59,220 square feet for grounded automobiles or employee parking. The area shall not be made accessible to rent car or airport patrons. Pavement is not required for this same area." Executed this4t" CITY OF LUBBOCK day of December BY: GLEK C. ROBERTSON, MAYOR ATTEST: Reb • a Garza, City Secret APPROVED AS TO CONTENT: 2014. EAN HOLDINGS, LLC d/b/a ENTERPRISE RENT -A -CAR BY: Title: General Manage�rJNice President Date: 11 �10 �I 1 Kelly Campbell, Executive Director of Aviation APPR V AS TSO FORM:n Mitchell Satterwhite, First Assistant City Attorney Page 2 Is 5—r.„ 210' 282'