HomeMy WebLinkAboutResolution - 3815 - Lease Agreement - G Greenstreet Inc - Hangar Apron Project - 02/13/1992Resolution No. 3815
February 13, 1992
Item #28
RESOLUTION
WHEREAS, on or about September 26, 1991, the City of Lubbock and the
United States of America, Department of Transportation, Federal Aviation
Administration (FAA) entered into Lease No. DTFA07-91-L-01216, wherein the
City agreed to lease to the FAA 40,000 square feet of hangar space at the
Lubbock International Airport (Airport); and
WHEREAS, on or about September 27, 1991, the City of Lubbock, as
Lessor, and G. Greenstreet, Inc., as Lessee, entered into a Lease and
Sublease Agreement in which the City leased Airport premises to the Lessee
on which to construct a 40,000 square foot hangar; and
WHEREAS, Lessee agreed to construct said hangar in accordance with the
requirements set forth in Lease No. DTFA07-91-L-01216; and
WHEREAS, Lessee further agreed that upon completing construction of
the hangar, Lessee would sublease that facility and the demised premises
back to the City for use by the City in accomplishing its economic
development goals; and
WHEREAS, both the City and FAA desire to execute Supplemental
Agreement No. 1 to Lease No. DTFA07-91-L-01216, which would necessitate
amending the Lease and Sublease Agreement the City has with G. Greenstreet,
Inc. as well; and
WHEREAS, G. Greenstreet, Inc., for good and valuable consideration,
has agreed to amend its agreement with the City in the manner necessitated
by Supplemental Agreement No. 1; and
WHEREAS, amending the Lease and Sublease Agreement which the City has
with G. Greenstreet, Inc. contemporaneously with the City's execution of
Supplemental Agreement No. 1 to Lease No. DTFA07-91-L-01216 is in the best
interest of the citizens of the City of Lubbock; NOW THEREFORE:
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, Texas,
Supplemental Agreement No. 1 to Lease No. DTFA07-91-L-01216 between the City
and the FAA and Amendment No. 1 to the Lease and Sublease Agreement between
the City and G. Greenstreet, Inc., which Supplemental Agreement and which
Amendment are both attached hereto, and shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of February 1992.
B. C. McM N, MAYOR
ne�te Boyd, city 5e
APPROVED AS TO CONTE T:
ern E. ase, Director of Aviation
APPROVED AS TO FORM:
Ha[rold WillaH, Assista t City
Attorney
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Resolution No. 3815
February 13, 1992
Item 428
AMENDMENT NO. 1
TO
LEASE AND SUBLEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock, Texas, as Lessor, and G.
Greenstreet, Inc., as Lessee, entered into a Lease and Sublease
Agreement on September 27, 1991 in which the Lessor demised
property at Lubbock International Airport to the Lessee on which
to construct a 40,000 square foot hangar, and the Lessee agreed
to sublease the premises and hangar facility after construction
to the City for use in accomplishing the municipality's economic
development goals; and
WHEREAS, both the Lessor and the Lessee, for good and
valuable consideration, have agreed to amend the above -referenced
Lease and Sublease Agreement so as to incorporate into such Lease
and Sublease Agreement provisions contained in Supplemental
Agreement No. 1 to Lease No. DTFA07-91-L-01216, attached hereto
and made a part of this Amendment; NOW THEREFORE:
The above -referenced Lease and Sublease Agreement is hereby
amended in the following manner:
1. Numbered paragraph 1 of Section I of the Lease and
Sublease Agreement is amended to read as follows:
In consideration of the sum of ONE DOLLAR ($1.00) and
the further consideration to construct a 40,000 square foot
hangar at the Lubbock International Airport in accordance
with the terms and specifications as contained in a proposed
lease between the United States of America and the City of
Lubbock, a copy of which is attached hereto as Exhibit A and
made a part hereof for all purposes, except as otherwise
modified by Supplemental Agreement No. 1 to such lease
between the City of Lubbock and the United States of
America, the Lessor hereby demises and leases unto the
Lessee and the Lessee hereby takes from Lessor the demised
premises as described in Exhibit B attached hereto and made
a part hereof for all purposes. To have and to hold said
premises for the lease term hereinafter set forth on all the
terms and conditions set forth in this lease.
2. Numbered paragraph 8 of Section I of the Lease and
Sublease Agreement is amended to read as follows:
Lessee understands and agrees that the facility to be
built by Lessee as part of the consideration of this Lease
Agreement shall be built to the standards and requirements
of the United States of America Department of Transportation
as expressed in the proposed Lease Agreement attached hereto
as Exhibit A and made a part hereof for all purposes, and as
subsequently modified by Supplemental Agreement No. 1 to
such lease between the City of Lubbock and the United States
of America, and to this end Lessee shall coordinate its
construction activities with the appropriate federal agency
to ensure that such facility, upon completion, shall be
acceptable to the United States Government.
3. Numbered paragraph 12 of Section I of the Lease and
Sublease Agreement is amended to read as follows:
Lessee agrees that it shall be solely responsible for
the demised premises and the construction of the hangar as
contemplated by this lease during the period of construction
Amendment #1
Page 2
and prior to an indication by the United States Government
that said hangar has been constructed in accordance with the
criteria and specifications of that proposed Lease Agreement
attached hereto as Exhibit A and as modified by Supplemental
Agreement No. 1 to such lease between the City of Lubbock
and the United States of America. Lessee agrees that if
said structure is damaged by fire, hail, lightning, floods,
tornadoes, hurricanes or any other natural phenomena, acts
of God, or act of Nature, that Lessee shall immediately
undertake any and all necessary repairs, additional
construction and any other act necessary to complete the
construction of the aforementioned hangar in reasonable
accordance to the time schedule heretofore mentioned in this
Lease Agreement.
4. Numbered paragraph 13 of Section I of the Lease and
Sublease Agreement is amended to read as follows:
Lessee hereby acknowledges that its agents have read
and reviewed the proposed Lease Agreement attached hereto as
Exhibit A, Supplemental Agreement No. 1 to such lease and
the Letter attached as Exhibit E, and Lessee hereby agrees
that Lessee will hold the Lessor harmless from any claims,
causes of action, demands or liability made by the United
States of America against the City of Lubbock in the event
that Lessee fails to timely perform its obligations as
heretofore set forth in this Lease Agreement.
Amendment #1
Page 3
5. Numbered paragraph 1 of Section II of the Lease and
Sublease Agreement is amended to read as follows:
Upon completion of the construction of the hangar
heretofore mentioned by Lessee and the acknowledgment of the
United States of America that said hangar has been
constructed in accordance with the terms, provisions,
specifications and requirements of the United States of
America, all as set forth in Exhibit A attached hereto and
Supplemental Agreement No. 1 to the lease between the City
of Lubbock and the United States of America, then in such
event, the Lessee does hereby agree to sublease the demised
premises together with the hangar constructed thereon to the
City of Lubbock (hereinafter referred to as City) and the
City does hereby agree to take said demised premises in
accordance with the following terms and conditions:
6. Subparagraph b of numbered paragraph 1 of Section II of
the Lease and Sublease Agreement is amended to read as follows:
The City does hereby agree to pay to Lessee as
consideration for the sublease of these premises a lump sum
of $13,365.00 payable upon acceptance of the hangar facility
by the United States of America, plus monthly lease payments
of $8,600.00 per month with such payments being due from the
City to Lessee on the 1st day of each month during the
existence of the term of this sublease, with the
understanding, however, that the first such monthly lease
payment shall be prorated in the event that the date of
acceptance as mentioned in this subparagraph is less than
one full calendar month. In the event that City does not
Amendment #1
Page 4
make the payment due Lessee as required by this
subparagraph, then in such event Lessee shall make written
demand upon City allowing City fifteen (15) additional days
from receipt of Lessee's demand to make the appropriate
payment. In the event the City fails to make the payment
after notice, as above set forth, then Lessee may require
the payment from City of the total amount of lease payments
remaining due under this Sublease.
All other terms and conditions of the Lease and Sublease
Agreement between the City of Lubbock and G. Greenstreet, Inc.
are hereby ratified and except as above amended shall be and
remain the same. ,,11��AA
EXECUTED THIS day of �WU N�% , 1992.
G. EN EE C. CITY OF LUBBOCK
CI
C
G Y G NSTREET B. C. McM , MAYOR
PRESI NT
ATTEST: ST:
Rane to Boyd, City 84yretary
APP OVED AS TO CONTENT:
Iffern Case, Director of Aviation
APPROVED AS TO FORM:
Harold Willard, Assistant
City Attorney
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Amendment
Page 5
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DOT " FEDERAL AVIATION ADMINISTRATION
WASHINGTON, DC HEADQUARTERS
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FROM:
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(including Cover) '
LOGISTICS SERVICE - ALG -240
Real Property Branch
Fax Phone Number: Comm. (202) 267-5145
FTS 267-5 149
A 1 fi P 4 R Y
March 6, 1992
Mr. Authur P. Bona
Federal Aviation Administration
800 Independence Ave. S.W.
Washington, D.C. 20591
Dear Skip:
Thank you for your assistance i -n wrapping up the final
details for your hangar here in Lubbock. Please review the
following reiteration of our conversations and indicate at
the bottom if you agree.
1. The offioial occupation date of the hangar by the
Government is to be March 1, 1992.
2. The acceptance by the govern'ent of the hangar reflecting
this date will be formalized by an amendment you are
DrppAri nq to bo executod latar thio menth.
Again, Thank you for your help in achieving our goal of
providing you with: the faai.lity that rioets your needs.
S i nCe,lVly,
Rod IFai a
Deputy Di_ ., r of Aviation
Agrew
L'✓
Autnur P. Bona
Contracting Officer
Federal Aviation Administration
i1i�;irT :'71i:iii. v59NIN
160b17674335 FAX. 506; 749 -Wo
MAR 6 192 15:27 eO 6 744 9606 PAGE.002
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