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BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
DATE: September 3, 2013
TO: Honorable Chairman and Members of the Board
FROM: Sunil Harman
SUBJECT: US Airways Second Amendment
DEPARTMENT: Airport
BCC DISTRICT: All
STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve the
Second Amendment to US Airways, Inc.'s Lease and Operating Agreement.
BACKGROUND: Airline Leases and Operating Agreements at VPS expire September 30,
2013. Rather than prepare a new agreement, as the current agreement was authorized and
entered into on April 11, 2011 (retroactive to October 1, 2010), the airlines have agreed, by an
amendment, to a three-year extension to September 30, 2016. In addition to the extension,
certain modifications to the Indemnification and Environmental sections of the lease have been
made. In addition to the extension, the airlines have asked for and received some clarification to
the indemnification provisions of the basic agreement specifically relating to environmental
issues. Consequently, definitions have been added for environmental terms which were
capitalized in the basic agreement, but were not previously defined. Lastly, an Endorsement No.
1 is referenced in the Amendment and is attached. This endorsement is identical to the one
provided in the recently approved amendment for American Airlines, in which the County agrees
to cooperate with American and US Airways in good faith to assist in certain listed
accommodations during their consolidation.
OPTIONS: Approve, Table or Disapprove.
RECOMMENDATIONS: Staff recommends approval of US Airways' lease Second
Amendment including the indemnification clarifications and defined terms as well as
Endorsement No. 1.
RECOMMENDED BY:
APPROVED BY:
Ernie Padgett, County Administrator