HomeMy WebLinkAboutResolution - 4995 - Assignment - Delta Inc To ASA Inc - Leese Agreement - 10/19/1995Resolution No. 4995
October 19, 1995
�j RESOLUTION Item #10
WHEREAS, the City of Lubbock, Texas, and Delta Air Lines, Inc. entered into a Lease
Agreement on or about June 9, 1983, for space and facilities at the Lubbock International
Airport; and
WHEREAS, Delta Air Lines, Inc. desires to assign the above -referenced Lease
Agreement and addendums thereto to Atlantic Southeast Airlines, Inc.; and
WHEREAS, the Lease Agreement between the City of Lubbock and Delta Air Lines
requires prior written consent of the City for such an assignment; and
WHEREAS, the City Council has determined that it would be in the best interests of the
citizens of this City to consent to the assignment on condition that Delta Air Lines remain liable
under the June 9, 1983 Lease should the Assignee default in any of its terms, covenants or
conditions; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Council hereby consents to the assignment by Delta Air Lines, Inc. to Atlantic
Southeast Airlines, Inc. of the Lease Agreement executed between the City of Lubbock and Delta
Air Lines, Inc. on or about June 9, 1983, and all addendums thereto, on condition that the
Assignor remains liable under the Lease and its addendums in the event the Assignee defaults in
any of the terms, covenants or cond' ' i in such Lease or addendums.
Passed by the City Council this 0th Oay-Qybcto� yam -71995.
VID R. LANGSTON, NIlAYOR
ATTEST:
Betty A Johnson, dty Secretary
APPROVED S TO CONTENT:
M N. Earle, Aviation Manager
i
APPROVED AS TO FORM:
I`
Gold Willard, Assistant City Attorney
H W: da\ccdo c s\atl antic. re s
rev. July 26, 1995
Resolution No. 4995
October 19, 1995
Item #10
ASSIGNMENT OF LEASE
THIS AGREEMENT is made between Delta Air Lines, Inc., a corporation incorporated
under the laws of the State of Delaware, hereinafter called "Assignor", and ATLANTIC
SOUTHEAST AIRLINES, INC. a corporation incorporated under the laws of the State of
Georgia, hereinafter called "Assignee".
RECITALS
WHEREAS the Lease Agreement attached hereto as Exhibit A and incorporated herein by
reference as part of this Assignment was executed on or about June 9, 1983, between the City of
Lubbock, Texas, as Lessor, and the Assignor, as Lessee, by the terms of which the property
described in Exhibit A was leased to the Assignor for a term of thirteen (13) years, commencing
on April 1, 1983, and ending on March 31, 1996; and
WHEREAS, the Lease attached as Exhibit A was subsequently amended to extend the
term to September 30, 1999; and
WHEREAS the Assignor now desires to assign the Lease attached as Exhibit A and all
addendums thereto to the Assignee, and the Assignee desires to accept the assignment of such
Lease and addendums;
ASSIGNMENT
NOW THEREFORE, for good and valuable consideration, receipt of which is hereby
acknowledged, the Assignor herein assigns to the Assignee and the Assignee accepts from the
Assignor all right, title and interest in and to the above-described Lease together with all
addendums thereto. By accepting and executing this assignment, Assignee expressly assumes and
agrees to perform and fulfill all the terms, covenants, conditions and obligations required of the
Assignor as the Lessee under the Lease and addendums herein assigned, including the payment of
all rentals and fees therein described to the Lessor when due and payable. The Assignee shall also
be entitled to all of the benefits under the Lease and its addendums.
This assignment shall be come effective on August 1, 1993, and shall apply to all rentals
and fees due under the Lease and its addendums until April 1, 1996.
As consideration to the Lessor for consenting to this assignment, Assignor agrees that it
shall remain liable to the City of Lubbock, Texas, as Lessor, throughout the term of this
assignment and the subsequent extended term of the Lease, and shall assume all obligations under
the original Lease should Assignee default in any of the terms, covenants or conditions of the
Lease or its addendums.
IN WITNESS WHEREOF, the parties have executed this Assignment of Lease this
19th day of October , 1995
ASSIGNOR: DELTA AIRLINES, INC
BY:
J" W. BOA
Title: AIRPORT & CORPORATE AEEAIRS
ATTEST:
LESLIE P. KLEMPERER
ASSISTANT SECRETARY
ASSIGNEE: ATLANTIC SOUTHEAST
AIRLINES, INC.
Title: Vl;r e e Si a�e-w
ATTEST:
ASSIGNMENT OF LEASE
DELTA AIR LINES, INC. - PAGE 2