COUNCIL COMMUNICATION

DATE:

       

 

  12-16-02

SUBJECT:    FINAL READING OF ORDINANCE NO. 2002-O-328

Authorizing the city manager to execute an amendment to the lease agreement approved by Ordinance No. 98-O-053 dated February 17, 1998, between the City of Laredo, as Lessor, and UETA of Texas, Inc., a subsidiary of Duty Free International, Inc., as Lessee, to amend the lease area at the Laredo International Airport Passenger Terminal and rental obligation, extend the term of the agreement by 30 months, consolidate duty free and news/gift shop merchandise, provide for additional modifications and improvements to the new leased area and amend hours of operation, providing for effective date.

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INITIATED BY:    Cynthia Collazo

                                 Assistant City Manager                            

STAFF SOURCE:    Jose L. Flores

                                  Airport Director

 

PREVIOUS ACTION:    On December 2, 2002, Ordinance was introduced by City Council, and Staff was instructed to proceed.

 

BACKGROUND:   When TAESA suspended international passenger service in November 1999 the UETA Duty Free Store was forced to close.  International passenger service resumed in April 2002 when Azteca and Mexicana initiated daily service to Mexico City.  Since April 2002 the frequency of international passenger service has been reduced from 7 round trips per week to 5.  During the absence of international passenger service the UETA lease was dormant for (30) months.   However, since May 1, 2002 UETA’s rental obligation of $ 2,083.00 resumed and remains in effect.   The UETA lease will terminate by February 2003 unless extended by the number of months the lease was dormant.

 

UETA is considering releasing a portion of the current (not active) duty free store (1,254 square feet).  The Airport has a tenant in the Transportation Security Administration (TSA) who is requesting to lease the area for offices and security related activities.  The Airport would lease the space to TSA in “as is” condition for a two year term.

 

Post September 11, 2001, public access to the departure lounge was limited to ticket passengers only this caused for Margarita’s Gift Shop to close.

 

The proposal is to relocate to the downstairs and combine both activities (duty free and gift shop) at one location, one tenant on the first floor to the former travel agency space consisting of approximately 400 square feet.  UETA would invest approximately $25,000 to $30,000 of which amount the Airport would contribute an equal amount up to 50% and not to exceed $16,664.00 which ever amount is less to  modify and make improvements to the remaining space upstairs and to the new downstairs location.

 

FINANCIAL:    First 6 months $1,000.00/mo., next 6 months $1,500/mo. and $2,083/month thereafter for the combined duty free / gift shop or 10% of gross receipts from Duty Free sales. In the event International passenger service ceases or is withdrawn the monthly rent shall be reduced to $1,000.00.  The vacated duty free space in the second level approximately 625 square feet leased to TSA would generate additional rental income.

 

Aeronautical Building Rent  242-0000-361-1086

 

COMMITTEE RECOMMENDATION:       The Airport Advisory Committee recommend approval of the amendment.    

STAFF RECOMMENDATION:

That the City Manager be authorized to execute the proposed lease amendment with UETA of Texas, Inc.

 

 

 

ORDINANCE NO. 2002-O-328

 

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT APPROVED BY ORDINANCE NO. 98-O-053 DATED FEBRUARY 17, 1998, BETWEEN THE CITY OF LAREDO, AS LESSOR, AND UETA OF TEXAS, INC., A SUBSIDIARY OF DUTY FREE INTERNATIONAL, INC., AS LESSEE, TO AMEND THE LEASE AREA AT THE LAREDO INTERNATIONAL AIRPORT PASSSENGER TERMINAL AND RENTAL OBLIGATION, EXTEND THE TERM OF THE AGREEMENT BY 30 MONTHS, CONSOLIDATE DUTY FREE AND NEWS/GIFT SHOP MERCHANDISE, PROVIDE FOR ADDITIONAL MODIFICATIONS AND IMPROVEMENTS TO THE NEW LEASED AREA AND AMEND HOURS OF OPERATION, PROVIDING FOR EFFECTIVE DATE.

 

            WHEREAS, the Airport Director recommends that the City Council approve the proposed Amendment to the Lease Agreement authorized by Ordinance No. 98-O-053 dated February 17, 1998, between the City of Laredo, as LESSOR, and UETA of Texas, Inc., as LESSEE, to partially relocate duty free operations and consolidate duty free and retail news/gift shop operations to an area of approximately 1,313 square feet comprising of 913 square feet in suite number 223 on the second (2nd) floor and 400 square feet in suite no. 100 on the first floor of the airport passenger terminal located at 5210 Bob Bullock Loop 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 Agreement for the purpose of partially relocating the duty free operations and consolidating duty free operations with retail news/gift shop operations; and

 

WHEREAS, the Airport Advisory Committee finds that said lease and contract are in the best interest of the Airport and recommends that the City Council approve the proposed lease; 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 and is hereby authorized to execute an Amendment to the Lease Agreement authorized by Ordinance No. 98-O-053 dated February 17,. 1998, between the City of Laredo, as Lessor and UETA of Texas, Inc., as Lessee, 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.

 

 

AN ORDINANCE AUTHORIZING AN AMENDMENT BETWEEN THE CITY OF LAREDO AND UETA OF TEXAS, INC.

 

 

            PASSED BY THE CITY COUNCIL AND APROVED 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:________________________

ALLAN W. McGRAW

ASSISTANT CITY ATTORNEY