A RESOLUTION BY COUNCILMEMBER C. T. MARTIN AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY OF ATLANTA, TO EXECUTE AN AIRPORT USE AND LEASE AGREEMENT WITH SOUTHWEST AIRLINES CO. ("SOUTHWEST") REGARDING THE USE OF THE AIRFIELD AND THE CENTRAL PASSENGER TERMINAL COMPLEX AT HARTSFIELD-JACKSON ATLANTA INTERNATIONAL AIRPORT FOR A TERM OF TWENTY YEARS; AND FOR OTHER PURPOSES.

WHEREAS, the City of Atlanta ("City") owns and operates Hartsfield-Jackson Atlanta International Airport ("Airport"), located in the counties of Fulton and Clayton, Georgia, on which there exist certain improvements,  including runways, terminal buildings and concourse buildings and related facilities for the use of airlines engaged in the transportation of persons and property by scheduled and unscheduled air service, which buildings and facilities are described in the Airport Use and Lease Agreement ("AULA") as the Central Passenger Terminal Complex; and

WHEREAS, the existing Agreement and Lease for the Central Passenger Terminal Complex for William B. Hartsfield Atlanta International Airport dated February 19, 1996 ("CPTC Agreement") between the City and ValuJet Airlines, Inc. ("ValuJet") was originally set to expire on September 20, 2010; and

WHEREAS,  the CPTC Agreement  was extended between the City and AirTran Airways Inc. ("AirTran") as successor-in-interest by merger to ValuJet pursuant to Resolution 10-R-1326 adopted by the Atlanta City Council on July 19, 2010 and approved by the Mayor on July 27, 2010 for a term of seven (7) years expiring on September 20, 2017 ("Extension Agreement"); and

WHEREAS, the Extension Agreement required the parties to commence negotiations at least two (2) years prior to the September 20, 2017 expiration thereof; and

WHEREAS, Southwest, as successor-in-interest to AirTran desires to continue providing transportation of persons and property from the Airport and in furtherance thereof Southwest desires to enter into the AULA effective July 1, 2016 for an initial term of twenty (20) years with an option upon the mutual agreement of both the City and Southwest to extend the term b.y an additional ten (10).years; and

WHEREAS, the AULA sets forth, among other things, the terms and conditions governing the financial and operational relationship between the City and Southwest at the Airport; and

WHEREAS, the Aviation General Manager believes that it is in the best interest of the Airport and the City to enter into the AULA with Southwest, as hereinafter set forth, and recommends the execution of such agreement.