HomeMy WebLinkAboutResolution - 2202 - Lease Agreement - Gary L Mcmillan - Space, LIA - 12_12_1985Resolution #2202
December 12, 1985
Agenda Item #30
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Fixed Base
Operator Lease Agreement by and between the City of Lubbock and Gary L.
McMillan, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this _ 12th_ day of December , 1985.
ALA HENRY, MAYOR
ATTEST: n
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APPROVED AS TO CONTENT:
Marvin Coffee, Dictebtor of Aviation
APPROVED AS TO FORM:
MicheI1�'art, As� City Attorney
FIXED BASE OPERATOR LEASE AGREEMENT
Lubbock International Airport
Lubbock, Texas
Gary L. McMillan
LESSEE
Term: July 1, 1983 to June 30, 1988
FIXED BASE OPERATOR LEASE AGREEMENT
TABLE OF CONTENT
RECITALS
Page
1
ARTICLE I 1
PREMISES AND PRIVILEGES 1
A. DESCRIPTION OF LEASED PREMISES 1
B. DESCRIPTION OF PRIVILEGES, USES AND RIGHTS 2
C. CONDITIONS OF GRANTING LEASE 2
ARTICLE II
TERM
A. TERM OF LEASE AGREEMENT
B. NATIONAL EMERGENCY
3
3
3
3
ARTICLE
III 3
RENTALS, FEES, CHARGES AND OTHER CONSIDERATION 3
A.
CPI ADJUSTMENT 3
B.
PAYMENT OF GROUND RENTAL 3
C.
GROUND RENTAL RATE 1983 3
D.
1983 GROUND RENTALS 3
E.
GROUND RENTAL RATE 1984 3
F.
1984 GROUND RENTALS 3
G.
FUEL FLOWAGE FEE 3
H.
MINIMUM ANNUAL FIXED BASE OPERATOR'S FEE 4
I.
FIELD USE CHARGES 4
J.
UNPAID RENT, FEES AND CHARGES 4
K.
ABATEMENT OF RENTALS 4
L.
INSPECTION OF BOOKS AND RECORDS 4
M.
NONDISCRIMINATION 4
N.
AFFIRMATIVE ACTION 5
ARTICLE
IV 6
OBLIGATIONS AND RIGHTS OF THE CITY 6
A.
DESIGNATION OF CITY'S REPRESENTATIVE 6
B.
SAFETY 6
C.
MAINTENANCE OF PUBLIC AREA 6
D.
STANDARDS 6
E.
UTILITIES 6
F.
SERVICE ROAD 6
G.
TAXIWAY 6
ARTICLE
V 6
OBLIGATIONS AND RIGHTS OF LESSEE 6
A.
ASSIGNMENT, TRANSFER, PLEDGE 6
B.
SUBLEASING 6
C.
NET LEASE 6
D.
CONDITION OF PREMISES 7
E.
MAINTENANCE 7
F.
TRASH, GARBAGE, REFUSE 7
G.
INSPECTION 7
H.
SIGNS 7
I.
UTILITIES 7
J.
TAXES AND ASSESSMENTS 7
K.
EXISTING IMPROVEMENTS 7
L.
IMPROVEMENTS MADE BY LESSEE 8
M.
AIRPORT LAND USE POLICY 8
N.
PARKING 8
0.
VEHICULAR MOVEMENT 8
ARTICLE
VI 8
INSURANCE AND INDEMNIFICATION 8
A.
HAZARD INSURANCE 8
B.
WORKER'S COMPENSATION 8
C.
PUBLIC LIABILITY INSURANCE 8
D.
INDEMNIFICATION 9
E.
INDEPENDENT CONTRACTOR 9
ARTICLE VII
ENCUMBRANCES
A. ENCUMBRANCES
B. MORTGAGEE'S RIGHTS
C. NOTICE TO MORTGAGEE
ARTICLE VIII
TERMINATION OR CANCELLATION
A. TERMINATION
B. RIGHTS OF CITY UPON TERMINATION
C. CANCELLATION BY LESSEE
D. CANCELLATION BY THE CITY
E. NO WAIVER OF RIGHTS BY CITY
F. LESSEE'S RIGHTS AND OBLIGATIONS
UPON CANCELLATION BY CITY
ARTICLE IX
GENERAL PROVISIONS
A. SECURITY VIOLATIONS
B. SUBORDINATION OF LEASE AGREEMENT
C. PUBLIC BENEFIT
D. NON-EXCLUSIVE RIGHTS
E. DEVELOPMENT OF AIRPORT
F. RIGHTS OF OTHERS
G. LAW GOVERNING AND VENUE
H. SUCCESSORS AND ASSIGNS
I. WAIVER
J. SEVERABILITY
K. ENTIRE AGREEMENT AND AMENDMENT
L. CONTRACTUAL LIEN
M. REMEDIES CUMULATIVE
N. HOLDING OVER
ARTICLE X
NOTICE
EXHIBIT A DESCRIPTION OF LEASED PREMISES
EXHIBIT B LAND USE POLICIES
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FIXED BASE OPERATOR LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
On this day of , 1984, the CITY OF
LUBBOCK, TEXAS, hereinafter referred to as "CITY" and GARY L.
McMILLAN, whose business address is 1946 Avenue Q, Suite 200,
Lubbock, Texas 79411, hereinafter referred to as "LESSEE", made
and entered into this LEASE AGREEMENT for the premises herein-
after described, which are situated at the Lubbock International
Airport in Lubbock County, Texas.
RECITALS
The CITY and LESSEE do hereby agree and stipulate that the
following facts are true and form the basis of this LEASE
AGREEMENT.
1. The CITY owns and operates the Lubbock International
Airport located in the City of Lubbock, Lubbock County, Texas,
hereinafter referred to as "AIRPORT".
2. LESSEE is the president and principal shareholder of
Aeroplanes, Inc., a corporation organized under the laws of the
State of Texas, whose principal place of business is Lubbock,
Texas.
3. Aeroplanes, Inc., is primarily engaged in aviation
retail sales and the activities of a fixed based general aviation
operator.
4. LESSEE has indicated a willingness and ability to keep,
maintain, and improve the premises herein leased in accordance
with standards established by the CITY.
5. The Airport Board of the City of Lubbock has recommend-
ed that the City Council of the City of Lubbock grant to LESSEE a
lease on the hereinafter described premises located at the
Airport.
ARTICLE I
PREMISES AND PRIVILEGES
NOW THEREFORE, for and in consideration of the terms,
conditions, and covenants of this lease to be performed by
LESSEE, all of which LESSEE accepts, the CITY does hereby demise
and lease unto LESSEE and LESSEE does hereby hire and take from
the CITY the following described property, hereinafter called
LEASED PREMISES, and the CITY hereby grants to LESSEE certain
attendant privileges, uses and rights, as hereinafter specifi-
cally set out.
A. DESCRIPTION OF LEASED PREMISES. The premises hereby
leased are a tract of land consisting of 43,560 square feet out
of the Northwest one-fourth (NW 1/4) of Section Two (2), Block
D-3, Lubbock County, Texas, the location of which is shown on
Exhibit A, attached hereto and incorporated herein by this
reference, which tract of land is more particularly described as
follows:
BEGINNING at the intersection of the north curb line of
Fourth Street, a dedicated street within the Lubbock
International Airport industrial area in the City of
Lubbock, Lubbock County, Texas, and the east right-of-way
line of the east concrete paved aircraft parking apron
within the Lubbock International Airport industrial area,
City of Lubbock, Lubbock County, Texas;
THENCE north parallel with and along the east right-of-way
line of said east concrete paved aircraft parking apron 724
feet to an iron stake for the southwest corner of said
leasehold;
THENCE easterly 208.71 feet to an iron stake for the
southeast corner;
THENCE northerly 208.71 feet to an iron stake for the
northeast corner;
THENCE westerly 208.71 feet to an iron stake for the
northwest corner;
THENCE southerly 208.71 feet to an iron stake for the
southwest corner and place of beginning.
B. DESCRIPTION OF PRIVILEGES, USES AND RIGHTS. The CITY
grants to LESSEE the following privileges, uses and rights, all
of which shall be subject to the terms, conditions and covenants
hereinafter set forth and to all ordinances, rules and regula-
tions as now or hereafter shall have effect at the Airport. All
privileges, uses and rights herein granted shall be non-exclu-
sive.
1. LESSEE shall have the free and non-exclusive use in
common with others at the Airport of all public Airport
facilities and improvements which are now or may
hereafter be connected with or appurtenant to said
Airport, including, but not limited to, approach areas,
runways, taxiways, aprons, aircraft parking areas,
navigational and avigational aids, lighting facilities,
terminal facilities, and other public facilities
appurtenant to said Airport.
2. LESSEE, his sublessees, agents, employees, patrons,
invitees and suppliers shall have the right of ingress
to and egress from the Leased Premises.
3. LESSEE may engage in the business of aeronautics,
engine and aircraft repairs, modifications, sales and
renting of aircraft, sales of aircraft engine parts and
accessories, inspections, licensing, fabrication
aircraft components, flight instruction, storage of
aircraft and equipment, airplane charter flights and
local short flights and may operate at the Lubbock
International Airport as a Fixed Base Operator.
4. LESSEE may give flying instructions, provide pilots for
planes for others, and carry passengers and freight for
hire, subject to all appropriate laws of the Federal
government, and the State of Texas, and the require-
ments of all duly authorized governmental agencies.
5. LESSEE, in common with others, may sell aviation fuel,
oil and other propellants or lubricants to the general
public at said airport.
C. CONDITIONS OF GRANTING LEASE. The granting of the
Lease and its acceptance by LESSEE is conditioned upon LESSEE'S
covenant that the right to use Airport facilities shall be
exercised subject to and in accordance with the laws of the
United States of America and the State of Texas, the ordinances
of the City of Lubbock, the rules and regulations promulgated by
the authority of the United States of America, the State of
Texas, the County of Lubbock or the City of Lubbock with refer-
ence to aviation and air navigation.
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ARTICLE II
TERM
A. TERM OF LEASE AGREEMENT. The term of this Lease
Agreement shall commence on the first day of July 1983 and end on
the thirtieth (30th) day of June 1988.
B. NATIONAL EMERGENCY. In the event the rights and
privileges hereunder are suspended by reason of war or other
national emergency, the term of this lease shall be extended by
the amount of the period of such suspension.
ARTICLE III
RENTALS, FEES, CHARGES AND OTHER CONSIDERATION
A. CPI ADJUSTMENT. The CITY and LESSEE do hereby mutually
agree that the annual ground and building rental rates herein-
after specified will be adjusted upward or downward in direct
proportion to the fluctuation in the U.S. Department of Labor
Bureau of Labor Statistics Consumer Price Index, hereinafter
referred to as "CPI." Such adjustment shall be made on the first
day of January of each year of the term of this lease beginning
on January 1, 1984. For purposes of computing all such adjust-
ments, the CPI of January 1, 1983, shall be construed as the base
figure.
B. PAYMENT OF GROUND RENTAL. LESSEE shall pay to the CITY
an annual ground rental. Such rental shall be paid monthly in
advance on the first day of each month in a sum equal to one -
twelfth (1/12) of the annual ground rental due hereunder. Such
rental is equal to the ground rental rate specified in paragraph
C hereafter, as adjusted for fluctuations in the CPI, multiplied
by the number of square feet of ground area contained in the
Lease Premises.
C. GROUND RENTAL RATE 1983. For the calendar year 1983,
the ground rental rate for the land area comprising the Lease
Premises herein is $.071 per square foot per year.
D. 1983 GROUND RENTALS. The ground rental for the period
from July 1, 1983 to December 31, 1983, is ONE THOUSAND FIVE
HUNDRED FORTY-SIX AND 38/100THS DOLLARS ($1546.38), payable in
monthly payments of TWO HUNDRED FIFTY-SEVEN AND 73/100THS DOLLARS
($257.73).
E. GROUND RENTAL RATE 1984. As of the first day of
January 1984 and throughout the calendar year 1984, the ground
rental rate for the land area comprising the Leased Premises
herein shall be $.074 per square foot per year.
F. 1984 GROUND RENTALS. Beginning on the first day of
January 1984 and throughout the calendar year of 1984, LESSEE
shall pay to the CITY an annual ground rental of THREE THOUSAND
TWO HUNDRED TWENTY-THREE AND 44/100THS DOLLARS ($3223.44),
payable in monthly payments of TWO HUNDRED SIXTY-EIGHT AND
62/100THS DOLLARS ($268.62).
G. FUEL FLOWAGE FEE. As part of the pecuniary considera-
tion for the rights and privileges herein granted, LESSEE agrees
to pay a fuel flowage fee of four cents ($.04) per gallon for
each gallon of aviation fuel delivered to LESSEE or his agents at
the Airport or brought to the Airport by or for LESSEE, excluding
all aviation fuel delivered by LESSEE or his agents to a regular-
ly scheduled certified airline operating at the Airport pursuant
to a contract with the CITY. The supplier of such aviation fuel
may pay such flowage fees on behalf of LESSEE, but in the event
that the aforesaid flowage fees are not paid by such supplier,
said fees shall be due and payable by LESSEE on the first day of
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the month succeeding the month in which such aviation fuel is
delivered to LESSEE at the Airport. In computing the aforesaid
fuel flowage fee, the total gallonage of aviation fuel delivered
to LESSEE, other than fuel delivered to regularly scheduled
certified airlines as provided above, may be reduced by two
percent (20) as an allowance for loss from any and all causes.
H. MINIMUM ANNUAL FIXED BASE OPERATOR'S FEE. LESSEE
agrees to pay a minimum annual Fixed Base Operator's fee of TWO
THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) for each calendar year
during the term of this Lease Agreement. The annual minimum fee
shall be pro rated for the first and last year of the term of
this Lease Agreement. All ground rentals and fuel flowage fees
paid by LESSEE during any one calendar year shall apply toward
payment of said annual minimum fee. The minimum annual fee shall
be payable monthly at the pro rated amount of $208.34, which
amount shall be due no later than the 15th day of each month. In
any month during any calendar year in which the payments made by
LESSEE for ground rentals and fuel flowage fees do not equal or
exceed the amount currently due for payment of the annual minimum
Fixed Base Operator's fee, LESSEE shall pay an additional sum as
needed to equal the payment of $208.34 per month for that
calendar year.
I. FIELD USE CHARGES. Nothing herein shall be deemed to
relieve LESSEE, his sublessee, agents, patrons, invitees or
others from field use charges, including fuel flowage fees, that
are now or may hereafter be levied generally by the CITY directly
upon the operation of aircraft at or on the Airport.
J. UNPAID RENT, FEES AND CHARGES. Any installment of
rent, any fees or other charges accruing under any provision of
this Lease Agreement that are not received by the 15th day of the
month in which payment is due shall bear interest at the rate of
fifteen percent (15%) per annum from the date when such payment
was due, according to the terms of the Lease Agreement, until the
CITY receives such payment.
K. ABATEMENT OF RENTALS. In the event that during the
term of this Lease Agreement, the rights and privileges herein
granted to LESSEE are temporarily suspended by reason of war or
other national emergency so that LESSEE is prevented from using
the Leased Premises for the purpose of conducting a fixed base
operation, all rentals hereunder shall abate for the period of
time that such rights and privileges are suspended.
L. INSPECTION OF BOOKS AND RECORDS. LESSEE shall maintain
complete books and records of all transactions, sales and income
resulting from its operation at Lubbock International Airport
which books and records may be inspected at anytime by the CITY
or its duly authorized representatives at Lubbock, Texas, upon
reasonable notice to LESSEE. In the event LESSEE requests such
inspection to be performed outside the Lubbock area, such request
may be honored at the CITY'S discretion; however, any and all
expenses incurred by so doing shall be reimbursed by the LESSEE.
LESSEE agrees to furnish facts and figures necessary to determine
the amount to be paid the CITY. Upon receipt of written request
from the Director of Aviation of the City of Lubbock, LESSEE
shall furnish a signed statement certified by a Certified Public
Accountant that said figures are correct and properly stated.
M. NONDISCRIMINATION. LESSEE, for himself, his heirs,
personal representatives, successors in interest and assigns, as
part of the consideration hereof, does hereby covenant and agree
as follows:
1. That in the event facilities are constructed, main-
tained, or otherwise operated on the property described
in this Lease for a purpose for which a Department of
Transportation program of activity is extended, or for
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ARTICLE IV
OBLIGATIONS AND RIGHTS OF THE CITY
A. DESIGNATION OF CITY'S REPRESENTATIVE. The CITY hereby
designates the Director of Aviation of the City of Lubbock,
Texas, as its representative to administer and enforce the terms,
covenants, and conditions of this Lease Agreement and authorizes
said Director to take any action or to give any approval or
notice that may be taken or given by the CITY pursuant to the
terms of this Lease Agreement.
B. SAFETY. The CITY reserves the right to take any action
it considers necessary to protect the aerial approaches of the
Airport against obstruction, together with the right to prevent
LESSEE from erecting or permitting to be erected any building or
other structure on or off the Airport, which, in the opinion of
the CITY, would limit the usefulness of the Airport or constitute
a hazard to aircraft.
C. MAINTENANCE OF PUBLIC AREA. The CITY reserves the
right, but shall not be obligated to LESSEE, to maintain and keep
in repair the landing area of the Airport and all publicly owned
facilities of the Airport, together with the right to direct and
control all activities of LESSEE in this regard.
D. STANDARDS. The CITY reserves the right to establish
standards for the construction, maintenance, alterations,
repairs, additions or improvements of LESSEE'S facilities. This
will include structural design, color, materials used, land-
scaping and maintenance of LESSEE'S facilities and Leased
Premises.
E. UTILITIES. The CITY agrees to construct the necessary
sewage facilities to serve LESSEE where LESSEE may connect at the
edge of Leased Premises.
F. SERVICE ROAD. The CITY agrees to construct a public
service road and to permit LESSEE to connect to said service road
so that LESSEE will have ingress and egress to the Leased Pre-
mises.
G. TAXIWAY. The CITY agrees to construct a connecting
taxiway for the aeronautical use of LESSEE'S customers, patrons,
employees, guests and invitees.
ARTICLE V
OBLIGATIONS AND RIGHTS OF LESSEE
A. ASSIGNMENT, TRANSFER, PLEDGE. LESSEE shall not at
anytime assign, transfer, pledge or otherwise alienate this Lease
Agreement or any interest herein, without the prior written
consent of the CITY.
B. SUBLEASING. LESSEE may sublease Leased Premises to
Aeroplanes, Inc.,; provided, however, that any such sublease
shall not in any way diminish LESSEE'S obligation hereunder, and
LESSEE shall be responsible for the observance by its sublessee
of the terms, conditions and covenants of this Lease Agreement.
LESSEE shall not sublease all or any part of the Leased Premises
to any party other than Aeroplanes, Inc., without securing the
prior written approval of the CITY. Such approval shall not be
unreasonably withheld. LESSEE shall promptly furnish the CITY
with a copy of any such sublease agreement.
C. NET LEASE. This Lease Agreement shall be without cost
to the CITY for the development, maintenance and improvement of
the Leased Premises. LESSEE shall have the sole responsibility
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another purpose involving the provision of similar
services or benefits, the LESSEE shall maintain and
operate such facilities and services in compliance with
all other requirements imposed pursuant to Title 49,
Code of Federal Regulations, Department of Transporta-
tion, Subtitle A, Part 21, Nondiscrimination in
federally -assisted programs of the Department of
Transportation Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be
amended.
2. That no person on the ground of race, creed, color,
national origin or sex shall be excluded from partici-
pation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facili-
ties.
3. That in the construction of any improvements on, over,
or under such land and the furnishings of services
thereon, no person on the grounds of race, color,
national origin or sex shall be excluded from partici-
pation in, denied the benefits of, or otherwise
subjected to discrimination.
4. That LESSEE shall use the premises in compliance with
all other requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Trans-
portation, Subtitle A, Part 21, Nondiscrimination in
federally -assisted programs of the Department of
Transportation -Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be
amended.
5. In conducting all his activities and operations on the
Airport LESSEE shall carry out the intent of section
514 of the Rehabilitation Act of 1973, 29 USC 794 as
amended, to the end that no otherwise qualified
handicapped individual shall, solely by reason of his
or her handicap, be excluded from the participation in,
be denied the benefits of, or be subjected to discrimi-
nation under any program or activity of LESSEE. LESSEE
shall comply with the regulations promulgated by the
Department of Transportation regarding nondiscrimina-
tion on the basis of handicap in programs and activi-
ties receiving or benefiting from federal financial
assistance found in Part 27 of Title 49 CFR.
6. LESSEE shall not discriminate against any person on the
basis of age in a manner prohibited by the Age Discrim-
ination Act, 42 USC §6101 et seq.
N. AFFIRMATIVE ACTION. LESSEE assures that it will
undertake an affirmative action program as required by 14 CFR
Part 152, Subpart E, and any amendments thereto, and any other
federal statutes or regulations applicable to the receipt of
federal assistance from the Department of Transportation by local
governments for Airport use, or otherwise applicable to persons
leasing premises from the City of Lubbock, to insure that no
person shall, on the grounds of race, creed, color, sex or
national origin, be excluded from participating in or receiving
the services or benefits of any program or activity covered by
this Subpart. LESSEE assures that it will require that its
covered suborganizations (sublessees) provided assurances to
lessor, as set forth herein, that they similarly will undertake
affirmative action programs, and that they will require assurance
from their suborganizations (sublessees) to the same effect.
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to keep, maintain, repair and operate the Leased Premises and all
improvements and facilities placed thereon at LESSEE'S sole cost
and expense.
D. CONDITION OF PREMISES. LESSEE accepts the Leased
Premises in their present condition and, without expense to the
CITY, will repair and maintain any installations thereon and
remove or cause to be removed any debris or other waste matter
therefrom.
E. MAINTENANCE. 1. LESSEE shall, at his sole cost and
expense, maintain the Leased Premises and any improvements
thereon in a presentable condition consistent with good business
practice. LESSEE shall repair any and all damages to the Leased
Premises caused by his sublessee, agents, employees, patrons,
invitees or his operations thereon, including any drainage
installations, paving or curbs. LESSEE shall repaint his own
buildings as necessary.
2. The CITY shall be the sole judge of the quality of
such maintenance, and upon written notice by the CITY to LESSEE,
LESSEE shall perform whatever maintenance the CITY deems neces-
sary. If LESSEE fails to undertake the performance of any such
maintenance within twenty (20) days after receipt of written
notice from the CITY to do so, the CITY shall have the right to
enter upon the Leased Premises and perform the necessary mainten-
ance, the cost of which shall be borne by LESSEE.
F. TRASH, GARBAGE, REFUSE. LESSEE shall provide a
complete and proper arrangement for adequate sanitary handling
and disposal, away from the Airport, of all trash, garbage, and
other refuse caused as a result of the operation of LESSEE'S
business. LESSEE shall use suitable covered metal receptacles
for all such garbage, trash and other refuse. LESSEE shall not
pile boxes, cartons, barrels or other similar items on or about
the Leased Premises nor shall LESSEE permit any other person to
do so. LESSEE shall keep the Leased Premises clean and free of
all debris and other waste matter.
G. INSPECTION. The CITY shall have the right at all
reasonable times to enter upon the Leased Premises for the
purpose of inspecting the premises under LESSEE'S control.
H. SIGNS. LESSEE may not erect or cause to be erected on
the Leased Premises any billboards or advertising signs; pro-
vided, however, with the prior written consent of the Director of
Aviation of the City of Lubbock, LESSEE may maintain on the
outside of any building located on the Leased Premises one sign
with the name of LESSEE'S business thereon. The size and
location of such sign shall conform with the sign ordinance of
the City of Lubbock.
I. UTILITIES. LESSEE shall have the right to connect to
any and all storm and sanitary sewers and water and utility
outlets including metering devices at its own cost and expense;
and Lessee shall promptly pay for any and all service charges
incurred therefor and for all charges for water, electricity, or
any other utility used in connection with LESSEE'S business
operation.
J. TAXES AND ASSESSMENTS. LESSEE agrees to pay all taxes
and assessments levied on the Leased Premises and any other taxes
or assessments in connection with its business which may be
levied, promptly when due.
K. EXISTING IMPROVEMENTS. LESSEE shall not remove or
demolish, in whole or in part, any improvement that already
exists on the Leased Premises without the prior written consent
of the CITY. The CITY shall not withhold such consent unreason-
ably.
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L. IMPROVEMENTS MADE BY LESSEE. LESSEE shall not make,
permit, or suffer any additions, improvements or alterations to
the property which constitute any major structural change or
changes without prior written consent of the Director of Aviation
of the City of Lubbock. Any such additions, improvements or
alterations made with the consent of said Director of Aviation
shall be solely at the expense of the LESSEE and, unless such
consent provides specifically that title to the addition or
improvements so made shall vest in the LESSEE, title thereto
shall at all times remain in the CITY, and such additions or
improvements shall be subject to all terms and conditions of this
instrument. The LESSEE agrees to hold the CITY harmless from
Mechanic's and Materialman's Liens arising from any construction,
additions, improvements, repairs or alterations effected by the
LESSEE.
M. AIRPORT LAND USE POLICY. LESSEE agrees to abide by the
Airport Land Use Policy a copy of which is attached hereto as
Exhibit "B" and incorporated herein for all purposes.
N. PARKING. LESSEE shall at its sole cost and expense
construct adequate and suitable pavement areas for use by its
customers for parking of aircraft and automobile parking for its
employees, patrons, guests or invitees.
0. VEHICULAR MOVEMENT. LESSEE will not permit the driving
of vehicles by its employees, customers, guests or invitees on
the apron, taxiways, or runways except specifically authorized
vehicles.
ARTICLE VI
INSURANCE AND INDEMNIFICATION
A. HAZARD INSURANCE. LESSEE shall procure from a company
authorized to do business in the State of Texas and keep in force
hazard and extended coverage insurance upon the buildings located
on the leased premises to 80% of the full insurable value
thereof, and shall furnish the CITY with evidence that such
coverage has been procured and is being maintained.
B. WORKER'S COMPENSATION. LESSEE shall furnish to the
CITY satisfactory evidence that it carries Worker's Compensation
Insurance in accordance with the laws of the State of Texas.
C. PUBLIC LIABILITY INSURANCE. 1. LESSEE will carry
and maintain Public Liability Insurance for personal injury or
death in companies licensed to do business in the State of Texas
for the protection of the CITY and naming the City of Lubbock,
Texas, as an insured, insuring against all claims, losses, costs
or expense arising out of injuries to persons, whether or not
employed by the LESSEE, that occur on the Leased Premises or as a
result of any activity of LESSEE on the Airport. Such policy
shall provide coverage for liability on account of each incident
resulting in bodily injury or death to one person of not less
than TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) and
coverage for liability on account of each incident resulting in
bodily injury or death to more than one person of not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00).
2. LESSEE will carry and maintain Property Damage
Liability Insurance with coverage for liability for each incident
of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for
damages to property resulting from acts or omissions of the
LESSEE, his sublessee, agents, servants, employees, patrons or
invitees.
=:M
3. LESSEE shall furnish to the CITY certificates of
insurance showing such Hazard Insurance, Worker's Compensation
Insurance, Public Liability and Property Damage Liability
Insurance to be in full force and effect or shall deposit with
the CITY copies of the aforesaid insurance policies. Said
policies shall contain a provision that written notice of
cancellation or of any material change in said policy by the
insurer shall be delivered to the City of Lubbock, Texas, ten
(10) days in advance of the effective date thereof. All certifi-
cates of insurance furnished to the CITY as provided hereunder
shall contain provision for such ten (10) day advance notice of
cancellation or modification of said policies.
D. INDEMNIFICATION. LESSEE agrees to hold the CITY free
and harmless from loss from each and every claim, and demand of
whatsoever nature made on behalf of or by any person or persons
resulting from LESSEE'S business operation and/or use of the
Airport or of the Leased Premises by LESSEE, his sublessees,
agents, servants, employees, and from all loss and damages by
reason of negligence of the LESSEE, his sublessees, agents,
servants and employees.
E. INDEPENDENT CONTRACTOR. LESSEE is and shall be deemed
to be an independent contractor and operator responsible to all
parties for his respective acts or omissions, and the CITY shall
in no way be responsible therefor.
ARTICLE VII
ENCUMBRANCES
A. ENCUMBRANCES. LESSEE may encumber his interest in the
buildings and improvements on the Leased Premises by mortgage,
deed of trust, or other instrument in the nature of a mortgage or
deed of trust. LESSEE shall deliver to the CITY a written
statement signed by the trustee of such deed of trust or by the
payee or beneficiary of any note or other obligation secured by a
deed of trust, or other instrument showing (a) the amount of the
obligation secured by such instrument and the date or dates of
the maturity thereof and (b) the name and address of such
beneficiary, payee or trustee.
B. MORTGAGEE'S RIGHTS. In the event of the nonperformance
or default in the performance of any covenant or provision of
this Lease Agreement to be performed by LESSEE during the
existence of any such encumbrance that LESSEE has placed upon
LESSEE'S interest in the improvements on the Leased Premises, the
beneficiary, mortgagee, trustee or payee named in any mortgage or
deed of trust shall have the right to perform and comply with all
payments required of LESSEE by this Lease Agreement and by doing
so to cure and remove any such default or nonperformance as if
the same had been done and performed by LESSEE. Any such
beneficiary, mortgagee, trustee or payee named in any mortgage or
deed of trust or other like instrument shall have thirty (30)
days after receipt from LESSOR of notice that LESSEE is in
default in which to cure such default. If the nature of the
default is such that it cannot be cured within thirty (30) days,
such beneficiary, mortgagee, trustee or payee shall be deemed to
have cured such default if such beneficiary, mortgagee, trustee
or payee commences performance of the covenant or provision of
this Lease Agreement which LESSEE is obligated to perform, but
has failed to do so, within such thirty (30) day period and
thereafter diligently prosecutes the same to completion.
C. NOTICE TO MORTGAGEE. If LESSOR has received a written
statement as provided in paragraph A of this Article, LESSOR
shall, during the existence of any encumbrance evidenced thereby,
serve on the mortgagee, beneficiary, payee or trustee named in
such statement a copy of every notice served by LESSOR upon
LESSEE under the terms of this Lease Agreement. Any such notice
- 9 -
shall be deemed sufficient if mailed by certified mail, return
receipt requested, to the address given in said written state-
ment.
ARTICLE VIII
TERMINATION OR CANCELLATION
A. TERMINATION. This Lease Agreement shall terminate at
the end of the term hereof, and LESSEE shall have no further
right or interest in any land hereby leased or in any building or
improvements thereon.
B. RIGHTS OF CITY UPON TERMINATION. At the termination of
this Lease Agreement by expiration of the term hereof, the CITY
shall be entitled to have the land leased hereunder returned to
it clear of all improvements above ground level that have been
constructed or purchased by LESSEE. If LESSEE fails to remove
all such improvements, the CITY may remove such improvements at
LESSEE'S EXPENSE. At the option of the CITY, the CITY may take
title to such improvements in lieu of removal by or for LESSEE.
Upon termination of this Lease Agreement, the CITY shall have the
right to take immediate possession of the Leased Premises and all
improvements and other property remaining thereon without being
deemed guilty of trespass of conversion.
C. CANCELLATION BY LESSEE. LESSEE may cancel this Lease
Agreement by giving written notice to the City after the occur-
rence of any one of the events hereinafter described. Any such
cancellation by LESSEE shall be without liability of the CITY,
and the rentals and fees due hereunder shall be payable only to
the effective date of such cancellation. Cancellation shall be
effective upon delivery of possession of the Leased Premises to
the CITY free and clear of all above ground improvements thereon
belonging to LESSEE.
The happening of any one of the following events shall
constitute grounds for cancellation of this Lease Agreement by
LESSEE:
1. The permanent abandonment of the Airport as an air
terminal.
2. The issuance by any court of competent jurisdic-
tion of an injunction in any way preventing or
restraining the use of the Airport in such manner
as substantially to impair LESSEE'S use of the
Leased Premises and the remaining in force of such
injunction for at least thirty (30) days.
3. The breach by the CITY of any of the terms,
covenants or conditions of this agreement to be
kept, performed and observed by the CITY, and the
failure of the CITY to remedy such breach for a
period of sixty (60) days after written notice
from the LESSEE of the existence of such breach.
4. The assumption by the United States Government, or
any authorized agency of same, of the operation,
control or use of the Airport and its facilities
in such a manner as substantially to restrict the
LESSEE from operating said Fixed Base Operator
facilities, if such restriction be continued for a
period of ninety (90) days or more.
D. CANCELLATION BY THE CITY. The CITY may cancel this
Lease Agreement by giving written notice to LESSEE after the
occurrence of any one of the events hereinafter described. Such
cancellation of this Lease Agreement shall be effective ten (10)
days after receipt by LESSEE of said written notice of cancella-
- 10 -
tion. LESSEE shall be obligated to pay all rentals or fees
accruing after such effective date of cancellation up to the time
LESSEE surrenders possession of the Leased Premises to the CITY.
LESSEE is in arrears in the payment of the whole
or any part of the rentals or fees agreed to be
paid by LESSEE hereunder for a period of ten (10)
days after receipt of written notice from the CITY
that such payment is delinquent; or
2. LESSEE files in any court a petition for his
adjudication as a bankrupt or a petition is filed
against LESSEE by another party for the purpose of
obtaining his adjudication as a bankrupt, and
LESSEE is thereafter adjudicated as a bankrupt
pursuant to such proceeding; or
3. LESSEE makes a general assignment for the benefit
of creditors; or
4. LESSEE is divested of his rights, power, and
privileges under this Lease Agreement by operation
of law; or
5. LESSEE abandons or discontinues the conduct and
operation of the business of a Fixed Base Opera-
tor; or
6. LESSEE conducts any activity on the Leased
Premises other than the activities described in
Subparagraphs 3, 4 and 5 of Paragraph B of Article
I of this Lease Agreement.
7. LESSEE cancels this Lease Agreement by giving
notice of such cancellation to the CITY after the
occurrence of an event described in Paragraph C of
this Article, and LESSEE fails to deliver posses-
sion of the Leased Premises to the CITY within
ninety (90) days after the date of receipt by the
CITY of LESSEE'S notice of cancellation.
8. LESSEE defaults in the performance or observance
of all of the covenants, conditions and terms
contained in this Lease Agreement to be performed,
kept, and observed by LESSEE, other than the
payment of rentals and fees, the default of which
is provided in subparagraph 1 of this Paragraph D
of Article VIII, and such default continues for a
period of thirty (30) days after receipt of
written notice from the CITY demanding that LESSEE
cure such default in a manner satisfactory to the
CITY.
E. NO WAIVER OF RIGHTS BY CITY. The acceptance of rentals
and fees by the CITY for any period or periods after a default of
any of the terms, covenants, and conditions herein contained to
be performed, kept and observed by LESSEE shall not be deemed a
waiver of any rights on the part of the CITY to cancel this Lease
Agreement for failure by LESSEE to so perform, keep or observe
any of the terms, covenants or conditions hereof to be performed,
kept and observed. No waiver by the CITY of any of the terms or
conditions of this Lease Agreement to be kept, performed and
observed by the LESSEE shall be construed to be or act as a
waiver by the CITY or any subsequent default on the part of the
LESSEE.
F. LESSEE'S RIGHTS AND OBLIGATIONS UPON CANCELLATION BY
CITY. Immediately after the effective date of the cancellation
of this Lease Agreement by the CITY, LESSEE shall remove all
equipment, goods and chattels belonging to LESSEE and situated on
said Leased Premises. LESSEE shall have ninety (90) days after
the effective date of cancellation of this Lease Agreement by the
CITY to remove all improvements and fixtures owned by LESSEE and
placed upon the Leased Premises. In the event of the failure on
the part of LESSEE to remove from the premises all property owned
by LESSEE as herein required, the CITY may effect such removal at
LESSEE'S EXPENSE. LESSEE covenants and agrees to pay all
reasonable costs of removal, attorney's fees, and all other
expenses that are incurred by the CITY in enforcing the covenants
and conditions contained in this Paragraph F. At the option of
the CITY, the CITY may deem all property remaining on the Leased
Premises at the expiration of the ninety (90) day period herein
provided for the removal of such property to be abandoned
property, and the CITY shall take title to all such abandoned
property; however, LESSEE shall in no way be relieved of any
obligation to pay any past due rentals or fees due hereunder by
such action of the CITY in taking title to any such abandoned
property. Upon expiration of said ninety (90) day period, the
CITY shall be entitled to take possession of the Leased Premises
and all improvements or property remaining thereon without being
deemed guilty of trespass.
ARTICLE IX
GENERAL PROVISIONS
A. SECURITY VIOLATIONS. LESSEE agrees to abide by all
laws of the United States and all regulations of the Department
of Transportation, Federal Aviation Administration, governing
Airport security. In the event that a violation of any Airport
security regulation or law upon the Leased Premises or by act or
omission of LESSEE or LESSEE'S agents, sublessees, employees or
servants on the Airport results in a fine being levied against
the CITY or the Airport, LESSEE agrees promptly to remit the full
amount of said fine upon demand and proof of payment by CITY.
B. SUBORDINATION OF LEASE AGREEMENT. This lease shall be
subordinate to the provisions of any existing or future agreement
between the CITY and the United States, relative to the operation
and maintenance of the Airport, or which may be required as a
condition precedent to the expenditure of Federal funds for the
development of the Airport.
C. PUBLIC BENEFIT. LESSEE agrees to operate the premises
leased for the use and benefit of the public.
1. To furnish good, prompt and efficient services
adequate to meet all the demands for such service
at the airport.
2. To furnish said service on a fair, equal and
non-discriminatory basis to all users thereof,
and
3. To charge fair, reasonable and non-discriminatory
prices for each unit of sale or service, provided
that the LESSEE may be allowed to make reasonable
and non-discriminatory discounts, rebates or other
similar type of price reductions to volume
purchases.
D. NON-EXCLUSIVE RIGHTS. It is understood and agreed that
nothing herein contained shall be construed to grant or authorize
the granting of an exclusive right within the meaning of Section
308(a) of the Civil Aeronautics Act.
E. DEVELOPMENT OF AIRPORT. LESSEE agrees that the CITY
has the right to further develop or improve the Airport as it
sees fit, regardless of the desires or views of LESSEE, and
without interference or hindrance.
- 12 -
r
F. RIGHTS OF OTHERS. It is clearly understood by the
LESSEE that no right or privilege has been granted which would
operate to prevent any person, firm or corporation operating
aircraft on the airport from performing any services on its own
aircraft with its own regular employees including, but not
limited to, maintenance and repair that it may choose to perform.
G. LAW GOVERNING AND VENUE. This Lease Agreement is
entered into in the City of Lubbock, Lubbock County, Texas, and
the laws of the State of Texas shall govern the validity,
performance and enforcement of this Lease Agreement. Venue shall
be in Lubbock County, Texas.
H. SUCCESSORS AND ASSIGNS. All of the terms, covenants
and agreements herein contained shall be binding upon and shall
inure to the benefit of successors and assigns of the respective
parties hereto.
I. WAIVER. One or more waivers of any covenant, term or
condition of this Lease Agreement by either party hereto shall
not be construed by any other party as a waiver of any subsequent
breach of the same covenant, term or condition. The consent or
approval of either shall not be deemed to waive or render
unnecessary the consent to or approval of any subsequent similar
act .
J. SEVERABILITY. Every provision of this Lease Agreement
is intended to be severable. If any term or provision hereof is
illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this
Lease Agreement.
K. ENTIRE AGREEMENT AND AMENDMENT. This Lease Agreement
constitutes the entire understanding of the parties hereto with
respect to the subject matter hereof, and no amendment, modifi-
cation or alternation of the terms hereof shall be binding,
unless the same be in writing, dated subsequent to the date
hereof and duly executed by the parties hereto.
L. CONTRACTUAL LIEN. LESSEE hereby expressly agrees that
in the event of default by LESSEE hereunder, the CITY shall have
a lien upon all buildings, improvements, goods, chattels,
personal property or equipment of any description belonging to
LESSEE which are placed upon or which become a part of the Leased
Premises, as security for rentals and fees due hereunder and to
become due for the remainder of the term of this Lease Agreement,
which contractual lien shall not be in lieu of or in any way
affect the statutory landlord's lien given by law, but which
shall be cumulative thereto. LESSEE agrees to execute financing
statements to be filed with the Secretary of State of the State
of Texas and the County Clerk of Lubbock County, Texas, to
perfect this contractual lien of the CITY.
M. REMEDIES CUMULATIVE. All rights and remedies of the
CITY herein enumerated shall be cumulative and none shall exclude
any other right or remedy allowed by law. The exercise by the
CITY of any remedy provided for herein or allowed by law shall
not be to the exclusion of any other remedy.
N. HOLDING OVER. In the event LESSEE remains in posses-
sion of the Leased Premises after the expiration of the term of
this Lease Agreement without any written renewal or extension of
this Lease Agreement, such holding over, with or without the
consent of the CITY, shall be treated as a tenancy from month to
month under the same terms and conditions as set forth herein.
Such tenancy shall be terminable by either the CITY or LESSEE by
giving to the other party thirty (30) day written notice of such
termination.
- 13 -
ARTICLE X
NOTICE
Any required notice to the CITY provided for herein shall be
deemed sufficient if sent by certified mail, return receipt
requested and postage prepaid, to the Director of Aviation, Route
3, Box 389, Lubbock, Texas 79401, and any such notice to the
LESSEE shall be deemed sufficient if sent in the same manner
addressed to Gary L. McMillan, 1946 Avenue Q, Suite 200, Lubbock,
Texas 79411 or such other addresses as may be designated by
written notice given by the CITY or LESSEE to the other party
hereto from time to time. The date of any notice provided for in
this Lease Agreement shall be the date it is placed in the United
States mail, properly addressed, with postage prepaid. LESSEE
hereby designates Senator John T. Montford as his agent upon whom
may be served any notice required hereunder at the address of
Thompson & Thomas, P.O. Box 10113, Lubbock, Texas 79408. Any
notice served upon Senator Montford shall constitute good and
sufficient notice to LESSEE hereunder.
This Lease Agreement is executed in three counterparts, each
of which shall have the force and effect of an original, on this
1a0. day of koj_c � , by the CITY, acting by
and through its Mayor hereunto duly authorized, and by Gary L.
McMillan, acting in his individual capacity.
ATT
:, 4. ane t.e ,Boyd, City Secretary -
Treasurer
APPROVED AS TO CONTENT:
Mar'vin Coffee, rectorio_F -Aviation
APPROVED AS TO FORM:
LESSOR: THE CITY OF LUBBOCK,
T A
AN RrNRY, MAYWR
7-
Michdle Glisar, ssistant City Attorney
LESSEE: GARY L. McMILLAN
- 14 -
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EXI Ill -ill "An
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1--IX1'I) RASE U1'ERA-10{IIS LEASE
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LL Bxh IN= ATIO_tAL r?I? F?T
T �� T-' E Dom==,ENT POLICIES
GW4L-'In. that the Lubbock International Airport is the "front -door" to'the
City, 'Lubbock shall strive -to create and maintain, within. the Airport
and.its adjacent. -environs, an image.6� quality development which reflects
the pride and high standards.of,:the,.entire.;camnuiity.
Objectives
1. Coordination of building materials, building colors, and building
styles,'ulthin.designated sub -areas or districts within the airport.
2. Provide landscaping to coupliment site development.
.3. Maintain. proper sign standards`:which are in scale with buildings.
4. Require proper site maintenance (,,;eed and junk removal; ._,aintenance
of. landscape; buildings;and
5. Provide proper screening of open storage, areas.
II. DES%ELQ?,Z-%7 MNITORING POLICY
1,. All.buildings, signs and structures, shall be developed in accordance
with the "Lubbock International Airport Development Standards and
:Policies", and shall require building permits from the City`of Lubbock.
2. All building and.,sign permits shall be routed through the Lubbock
Building —Inspection Department, to check for compliance with Building
Codes.
3. Permits will.be checked, by the Planning Department staff for compliance
with "Lubbock International Airport Development Standards and Policies".
The Planning Department will make_ewn)ents to the Airport Board, who
will give final clearance for building permits.
4. The Building Inspection Department shall monitor construction for
code compliance.
.5. TLhe Airport Staff shall monitor construction for policy compliance.
6. Lease agreements on the International Airport will incorporate
or reference the Lubbock International Airport Development Standards
and Policies, and will be subject to cancellation for non-compliance.
III. LtBBOCK I1fiERNUATIONAL AIRPORT DISTRICTS
The Lubbock International Airport ecmplex; shall be recognized as three basic
districts; (see attached map)
A. i,TFST AIRPORT' DISTRICT
Primary Concerns:. (1) First -impression image of Lubbock by general
aviation traffic, (2) Appearance of the International Airport as seen
from I.H. 27 • (3) Orderly development and identification of individual
businesses within the district-
B. PASSI1'GER TERMINAL DISTRICT
Primary Concerns: •(1) First_impression image of Lubbock by all enplaned
commercial flight passengers, (2) Appearance of the passenger terminal
area from Regis and from the Quirt Avenue entrance, (3) Orderly development
-and identification of. individual businesses within the district.
EXHIBIT B
v...i•�r9-Y.. :.....:..,.. ..- _ .. . a .+.F.`>Ww..*V' i �+s+.u"�+Ra�9alr/r� .. _ ..
IV.
cT ATn�ORT DISMICT
Pri: �z lanterns s
(1) Appearance, as seen from the pasenger terminal
of the International Airport (2) Main tain'an, "industrial -park" appearance
internally, (3). Orderly development and identification of individual
businesses «2thin the district.
DE �?EUJP:, :v"T STAiv�J9PDS (Pertain to all districts unless othern+-zse stated)
1, yard requirements:
Front: 20' from interior streets, drives, or lease boundaries and 43'
fran: any thoroughfare or.eapressmay.
Rear or side: 20', from any street or lease boundary.
2. Height limits: As established.in the -Airport Zoning Ordinance.
3. Offstreet p2rxing As'guided by the I,ub'bock Zoning Ordinance and required
by the AirportsBoard.
4. landscaping:
West Airoort District: 51of any lease lot facing onto a thoroughfare
or expressway or access 'street to the terminal
building.
Passenger Ierninal District: 5ro of any lease lot area facing onto a
thoroughfare.
East.Airport District: There shall be no required landscaping.
5. Signs:
Wall signs:
West Airport District: 107c, maximum of. each wall area facinga street and
15% maxLmzn of each wall area facing the air sides.
Passenger Textninal District: 10/16 maximum of each wall area facing the
_street and 15 maximum of each wall area
facing the air side; only for+lots south of
Bluefield Road.
East. Airport District: (Area "A") 10°ro maximum of each wall area facing
a street and 156'maximum of. each ball area facing
the.air side.
(Area 'B") 10% maximum of each wall area facing a street
Free Standing: Free-standing district identification and directory signs
shall be at airport entry roads only and shall be of uniform
size and letters of each airport tenant, as established by
the'Airport Board (see attachment) Individual tenant signs
shall not be permitted..
Directional and Traffic Information Signs: Signs installed and controlled by the
Airport giving directions, instructions
or traffic information shall be permitt
.:Auxiliary Signs: Signs for pricing, credit cards, etc, which are attached
to a building wall and not exceeding a total of 10.sq. ft.
jlli7li. ,. o ,: 1. 11C •_ S �21iL-'_i1LTillaa ion si i.S of bacIk t tg cr f�ood-Lig " `1g'
is per Lt ed; Floodl
ight.i ng design sha_i be arproved by the
«iroort Boazd.
,. auiiding rnxterial and style:
West Airport District, Passenger Terminal District, East Airport District,
(Area "A"): E\terior building material may include brick, stone; concrete
block Iprecase ox osed t ...
_ � aggregated. concrete,._ :+�.,al or a
carbination,thereof...Building colors must be specified
on the building, plans.and.should compliment the exteriors
of„ the terminal buildings. Front walls of metal buildings
fronting on thoroughfares or ea -press nays shall have an
exterior canposition of not less than 301,0 of vood, brick,
stucco; aggregate stone; natural stone or glass (exc.lusive
of doors and vzridows) .
East Airport District" (Area 'B'') : L\teror building material. may include
brick, stone, concrete.block, precast
exposed
p aggregate concrete, metal or
a canrbination thereof.' Building colors
must be specified on the building p ans
and should ccmipliment'the exteriors of
the terminal buildings.
?. Cutside Storage.
West Airport District,Passenger Terminal District; East Airport District,
(Area "A"): All outside storage areas shall be screened by a permanent
.six-foot fence of brick,wood or a combination thereof; unless
waived by the Airport Board. Material shall not be stacked
above the height of the fence.
East Airport District (Area 'B") For any parcel fronting on Avenue H
or Bluefield Road, all outside storage
areas shall be screened by a permanent
six-foot fence,of brick, wood or a
combination thereof, unless waived by
the Airport Board. Material shall not
be stacked above the height of the
fence:
8. Maintenance: All buildings, structures, signs, landscaping or vacant land
areas shall.be kept in a good state.of repair and maintenance
at all times.
9. Permitted Uses:
West Airport District: Permitted uses shall include light commercial
retail, service camnercial,'offices and general
aviation facilities.
Passenger Terminal District: Permitted uses shall include light commercial
retiil; light.service commercial, professional
offices, general aviation, and cannercial
aviation facilities.
East Airport District (Area "All):' Permitted uses shall include light
commam� ercial retail, service cercial,
offices and general aviation facilities.
(Area 'B"): Permitted uses shall include commercial,
light industrial, and heavy industrial.
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