COUNCIL COMMUNICATION

DATE: 12-2-02	SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-307 Authorizing the City Manager to execute an Amendment to the lease agreement between the City of Laredo, as Lessor, and Dairy Process, Inc., as Lessee, as approved by Ordinance No. 2002-O-141 dated July 1, 2002, specifically amending Section 1.09 titled “Use and Use Conflict” in order to add that medical clinic and/or medical related uses are allowable uses for the leased premises. All other terms and conditions remain unchanged and in effect; providing for an effective date.
INITIATED BY: Cynthia Collazo Assistant City Attorney		STAFF SOURCE: Jose L. Flores Airport Director
PREVIOUS COUNCIL ACTION: On November 18, 2002, Ordinance was introduced by City Council, and Staff was instructed to proceed.
BACKGROUND: Dairy Process, Inc. leased Building No. 1006 constituting approximately 2,600 square feet located at 4608 Daugherty Avenue at the Laredo International Airport. The lease term is for (10) years commencing on July 1, 2002 and ending on June 30, 2012 and may be extended for two (2) terms of five (5) years each ending on June 30, 2017 and June 30, 2022. Lessee wishes to amend the lease in order that use of the leased premises further include medical clinic and/or medical related uses.
FINANCIAL IMPACT: None.
COMMITTEE RECOMMENDATION: The Airport Advisory Committee recommends approval.			STAFF RECOMMENDATION: That the City Manager be authorized to execute the amendment to the lease agreement between the City of Laredo, as Lessor, and Dairy Process, Inc., as Lessee.

ORDINANCE NO. 2002-O-307

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF LAREDO, AS LESSOR, AND DAIRY PROCESS, INC., AS LESSEE, AS APPROVED BY ORDINANCE NO. 2002-O-141 DATED JULY 1, 2002, SPECIFICALLY AMENDING SECTION 1.09 TITLED “USE AND USE CONFLICT” IN ORDER TO ADD THAT MEDICAL CLINIC AND/OR MEDICAL RELATED USES ARE ALLOWABLE USES FOR THE LEASED PREMISES. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED AND IN EFFECT; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Director recommends that the City Council approve the proposed Amendment of that Lease entered between the City of Laredo, as Lessor, and Dairy Process, Inc., as Lessee, by Ordinance No. 2002-0-141 dated July 1, 2002, for approximately 2,600 square feet constituting Building No. 1006 located at 4608 Daugherty Avenue at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport.

WHEREAS, LESSOR and LESSEE wish to amend said Lease specifically section 1.09 titled “Use and Use Conflict” in order to add medical clinic and/or medical related uses as allowable uses for the lease premises. All other terms and conditions remain unchanged and in effect.

WHEREAS, the Airport Advisory Committee finds that said Amendment is in the best interest of the Airport and recommends that the City Council approve the Lease Amendment; and

WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Director and of the Airport Advisory Committee agrees with same.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1: The City Manager be hereby authorized to execute an Amendment of that Lease entered between the City of Laredo, as Lessor, and Dairy Process, Inc., as Lessee, by Ordinance No. 2002-0-141 dated July 1, 2002, for approximately 2,600 square feet constituting Building No. 1006 located at 4608 Daugherty Avenue at the Laredo International Airport, a copy of which Amendment is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

Section 2: This Ordinance shall become effective upon passage hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ________________, 2002.

______________________

ELIZABETH G. FLORES

MAYOR

ATTEST:

_______________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

APPROVED AS TO FORM:

JAIME L. FLORES

CITY ATTORNEY

BY:______________________

VALERIA M. ACEVEDO

ASSISTANT CITY ATTORNEY