HomeMy WebLinkAboutA4969 - AMENDMENT NO. 1 WIITH UNITED AIRLINES FOR AIRPORT USE AND LEASE AGREEMENT UNITED
CONTRACT
184265-2
FIRST AMENDMENT TO AIRPORT USE AND LEASE AGREEMENT
THIS FIRST AMENDMENT TO THE PALM SPRINGS INTERNATIONAL AIRPOj3;T USE
AND LEASE AGREEMENT ("Amendment"), is made and entered into as of the ay of
A,a-�2020, by and between the CITY OF PALM SPRINGS,a charter city and municipal
corporation organized and existing under the laws of the State of California ("City") and
UNITED AIRLINES, INC., a corporation organized and existing under the laws of the State
of Delaware("Airline').
RECITALS
1. Whereas City and Airline are parties to that certain Airport Use and Lease
Agreement, dated July 1,2014(the"Agreement"), pursuant to which City granted to
Airline various rights related to the use of the Palm Springs International Airport for
the operation of Airline's air transportation business.
2. Whereas the term of the Agreement expires on June 30, 2019.
3. Whereas, .the Airline and the City mutually desire to extend the term and amend
certain other provisions of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises in this
Amendment, the parties hereto covenant, agree and bind themselves as follows:
1. Section 2.01 Term of Agreement
The term of the Agreement, shall be extended from and including June 30,
2019 until the earlier of the date upon which the City has issued a Certificate of
Occupancy for its terminal building ticketing wing renovation project, or December
31, 2020.
2. Section 22.01 Nondiscrimination and FAA Required Clauses
The second paragraph of Section 22.01 of the Agreement is hereby deleted in its
entirety and replaced with the following:
"Airline, for itself, personal representatives, successors in interest, and
assigns, as part of the consideration hereof, does hereby covenant and agree as a
covenant running with the Premises that: (1) no person, because of actual or
perceived race, religion, color, sex, age, marital status,ancestry, national origin(i.e.,
place of origin, immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability,
or medical condition (each a "prohibited basis") shall be excluded from participation
in, denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities; (2) Airline shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to any prohibited
basis; (3) as a condition precedent to City's lawful capacity to enter this Agreement,
and in executing this Agreement, Airline certifies that its actions and omissions
hereunder shall not incorporate any discrimination arising from or related to any
prohibited basis in any Airline activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship; and further, that Airline is in full
compliance with the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to non-discrimination in
city contracting; (4) in the construction of any improvements on, over, or under such
Premises and the furnishing of services thereon, no person on the grounds of race,
color, or national origin shall be excluded from participation in, denied the benefits
of,or otherwise be subjected to discrimination;and(5)Airline shall use the Premises
in compliance with all other requirements imposed,by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964,
as said Regulations may be amended."
3. Applicability.
This Amendment is attached to and made a part of the Agreement. In the
event of any contradiction or inconsistency between the terms and provisions of this
Amendment and the terms and provisions of the Agreement to which it is attached,
the terms and provisions of this Amendment shall control and be interpreted in such
a manner as to override any provision of the Agreement which would prevent the
spirit and letter of the terms and provisions of this Amendment from being given full
force and effect. All defined terms not specifically defined in this Amendment shall
be given the same meaning as the defined terms in the Agreement. All other terms
and conditions contained in the Agreement shall remain unchanged.
4. Joint Authorship.
This Amendment has been entered into as an act of free will,without duress,
and no-presumption of authorship shall attach to same, and any ambiguity in the
terms and conditions of this Amendment shall not be attributed to one party over the
other.
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first
written above.
"CITY"
City of Palm Springs
B
David H. Ready, Ph
City Manager
APPROVED AS TO FORM: ATTEST
Le=�� I
Bye-2 1,157 � , By:
JefKey S0.1mlinger, ALdiony Meji
City Attorney City Clerk
APPROVED BY CITY COUNCIL
F1L1G�o4
AIRLINE: Check one: X Corporation _Partnership
Corporations require two notarized signatures: One
from each of thefollowing:
A. Chairman of Board, President, or any Vice President:AND
B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief
Financial Officer.
By: By:
Signat r (notarized) Signature(notaroll!0:Y:
Name: Jennifer L. Kraft Name: Gavin
Vice President, Deputy General Vice President
Title: Counsel & Corporate Secretary Title: Corporate Real Estate
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