HomeMy WebLinkAboutResolution - 2021-R0029 - Amendment No.1 to Contract 6213 with Host Marriot 1.26.21Resolution No. 2021-R0029
Item No. 6.1.4
January 26, 2021
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, Amendment No. 1 to that certain Lease Agreement
dated February 25, 1999, in connection with certain real property located at the Lubbock
Preston Smith International Airport, by and between the City of Lubbock, a Texas municipal
corporation, and Host International, Inc., 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 January 26.2021
ATT ST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Kelly Cariipbell, A.F
Director of Aviation
DANIEL M. POPE, MAYOR
City Attorney
ecdocs/RES.Amend #1 Agrmt- Host International Lease Agreement
January 5, 2021
Resolution No. 2021-R0029
AMENDMENT To LEASE AGREEMENT
This Amendment to Lease Agreement ("Amendment") is entered into on this, the
26th day of January , 202] by and between the City of Lubbock, Texas, a Texas
municipal corporation ("Lessor") and Host International, Inc. ("Lessee"), collectively the
"Parties".
WHEREAS, Parties entered into a lease (the "Lease") dated February 25, 1999
(Resolution No. 6213) in connection with certain real property described therein and
located at the Lubbock Preston Smith International Airport (the "Premises") for a term of
seventeen (17) years (the "Term"), with an option to extend the term for an additional
five (5) year period; and
WHEREAS, the Parties by mutual agreement extended the Lease per its terms
until January 31, 2021; and
WHEREAS, due to the uncertainty and persistence of the effect of COVID-19 on
operations and concession sales at the Lubbock Preston Smith International Airport, the
Parties now desire to amend the Lease to extend the Primary Term of the Lease for one
(1) additional year, under the same terms and conditions of the Lease presently in force
and effect, except the Rental Schedule, which is to be modified hereby; and
NOW THEREFORE, the Parties hereto agree as follows:
1. Section 3.01 of the Lease is amended to read as follows:
"3.01 RENTAL
In consideration of the rights and privileges herein granted, Lessee
shall pay to Lessor the amounts provided below on all gross sales:
RENTAL SCHEDULE
All Newspapers and Periodicals — 5%
All Gifts and Novelty Items —10%
All Liquor Sales —6%
All Food Sales, including Vending Sales —2.7%
Gross sales shall include all monies received by Lessee from the sale
of any and all articles and other things upon or from the airport
premises, and from any and all services rendered and operations and
business of every kind conducted upon or from the airport premises
less the deduction of State and Federal sales and excise taxes."
2. Exhibit "3" to the Lease is stricken in its entirety, and shall be of no
further force or effect.
3. Section 6.01 of the Lease is amended by appending the provision set
forth below:
"Notwithstanding the foregoing, Lessee in any case may terminate the
Lease, without cause, after ninety (90) days written notice given to
Lessor."
4. All other terms and conditions of the Lease shall continue in full force
and effect for all purposes.
LESSOR LESSEE Host Intemational,Inc.,
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DANIEL M. POPE, Mayor 'JLPFREY L. POERSUI
ASSISTAN7'SGCRHTARY
AN v4y
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Q
Kelly Campbell, Director of Aviation