HomeMy WebLinkAboutResolution - 2013-R0219 - Amendment To Agreement - EAN Holdings - 07/11/2013Resolution No. 2013-RO219
July 11, 2013
Item No. 5.12
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, an Amendment to Lease Agreement, by
and between the City of Lubbock and EAN Holdings, LLC d/b/a Enterprise Rent-A-Car,
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 July 11, 2013
I '0�&/
GLEN O ' ON, MAYOR
ATTEST:
Retie ca Garza, City Secretary
APPROVED AS TO CONTENT:
aures . Loomis, Executive Director of Aviation
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs RES.Amend Agrmt-Enterprise
May 23, 2013
Resolution No. 2013-RO219
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AMENDMENT 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, Lessee leases 20,000 square feet of land for a service facility and
desires to lease an additional 48,000 square feet in the airport's overflow parking lot for
additional parking; and
WHEREAS, the additional leased area is part of a larger parking lot used for
overflow parking during high traffic periods; and
WHEREAS, the Lessee shall provide and pay for fencing and gate materials to
enclose its leased premises; and
WHEREAS, City agrees to provide the Lessee with non-exclusive access to the
traffic lane to allow the Lessee to enter and exit the leased premises without any
interruption; and
WHEREAS, City or Lessee may terminate leasing the additional 48,000 square
feet in the airport's overflow lot at any time upon not less than three (3) months advance
written notice,
NOW THEREFORE, Lessor and Lessee agree to amend the following:
L
Article Four, A. 2. Ground Lease (Service Facility), is amended 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 consisting of 68,000
square feet of exclusive lease area, as shown on Exhibit `B" and `B V, at the rate of
$0.1675 per sq. ft. per year. On January 1, 2014, 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 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 `B 1 ", the following provisions shall apply:
(a) The Lessee shall pay for and install the fencing and gate materials;
(b) The City shall provide non-exclusive access to the traffic lane to allow the
Lessee to enter and exit the property without interruption; and
(c) City or Lessee may terminate the lease of the property described on Exhibit
B 1 upon three (3) months advance written notice to the other party."
This amendment shall become effective July 11, 2013.
Executed this u th day of
CITY OF LUBBOCK
MW
0
2013.
EAN HOLDINGS, LLC d/b/a
ENTERPRISER NT -A -CAR
BY: �[J
Howard Wcff
General anagerNice President
ATTEST: Date:
DA A
Re ecca Garza, City Se tart'
Page 2
4,17 -13
APPROVED AS TO CONTENT:
14
W. Loomis, Executive Director of Aviation
APP AS TO FORM:
Chad Weaver, Assistant City Attorney
Page 3
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