HomeMy WebLinkAboutResolution - 2455 - Fixed Operator Agreement - G&G Aero Service Inc - Operations Space, LIA - 10_23_1986Resolution #2455
October 23, 1986
Agenda Item #23
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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 Agreement by and between the City of Lubbock and G & G Aero
Service, Inc., attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall con-
stitute and be a part of this Resolution as if fully copied herein in de-
tail.
Passed by the City Council this 23rd day of October 1986.
B C. c INN, MAYOR
ATTEST:
Ranette oyd, City Secretary
APPROVED AS TO CONTENT:
Marvin Coffee, GWector of Aviation
APPROVED AS TO FORM:
Michele Flart, Asst. Cit_/ Attorney
Resolution #2455
FIXED BASE OPERATOR AGREEMENT
THIS LEASE AGREEMENT, made this 23rd day of October ,
19 86 , by and between the City of Lubbock, Texas, acting by and
throuqh its Mayor, hereunto duly authorized, (hereinafter
referred to as "LESSOR") and G & G Aero Service, Inc., a corpo—
ration incorporated under the laws of the State of Texas, with
its principal office at Lubbock, Texas, (hereinafter referred to
as "LESSEE").
WITNESSETH
WHEREAS, LESSOR owns and operates the Lubbock International
Airport, located in Lubbock County, Texas (hereinafter referred
to as "Airport"); and
WHEREAS, LESSOR deems it advantageous to itself and to its
operation of the Airport to lease unto LESSEE the premises
described herein, together with certain privileges, rights, uses
and interests therein, as hereinafter set out; and,
WHEREAS, LESSEE is a corporation primarily engaged in
commercial aviation, retail sales and the qeneral activities of
fixed base operation and aircraft sales; and,
WHEREAS, LESSEE proposes to lease on a net basis from LESSOR
a certain building and adjacent ground area and to avail itself
of certain privileges, rights and uses pertaining thereto; and,
WHEREAS, LESSEE has indicated a willingness and ability to
properly keep, maintain and improve said premises in accordance
with standards established by LESSOR; NOW THEREFORE:
ARTICLE I
PREMISES AND PRIVILEGES
For and in consideration of the terms, conditions and
covenants of this Lease to be performed by LESSEE, all of which
LESSEE accepts, LESSOR does hereby lease unto LESSEE certain
property together with improvements thereon (hereinafter called
"Lease Premises"), and certain attendant privileges, uses and
rights, as hereinafter specifically set out.
A. DESCRIPTION OF LEASED PREMISES.
Building T-302: Building Area 12,250 sq. ft. @ $.5875
per sq. ft. per year.
Adjacent Land Area 24,784 sq. ft. @
$.080 per sq. ft. per year.
The above described building and land are located at the
Lubbock International Airport, Lubbock County, Texas, and are
more specifically described on Exhibit A attached hereto and by
this reference made a part hereof.
B. PURPOSE. The purposes for which LESSEE may use the
premises described in paragraph A above are as follows:
1. 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 of 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.
2. 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, the State of Texas, the County of Lubbock,
Texas, and the requirements of all duly authorized govern-
mental agencies.
3. LESSEE shall have a nonexclusive right to sell
aviation fuel, oil and other propellants or lubricants to
the general public at said Airport.
A. The term of this Agreement shall commence on the 1st day
of December, 1986, and end on the 30th day of November, 1989, a
term of three (3) years.
B. The parties hereto mutually agree that during the term
of this Lease Agreement, the rental rate will be adjusted upward
or downward for each ensuing year beginning January 1, 1987, in
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direct proportion to the fluctuation in the U. S. Department of
Labor, Bureau of Labor Statistics Consumer Price Index. For the
purpose of computing all adjustments, the Bureau of Labor
Statistics Consumer Price Index as of January 1, 1986, shall be
construed as the base period.
C. 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
RENTAL AND FEES
In consideration of the rights and privileges herein
granted, LESSEE shall pay to the LESSOR the following rentals and
fees:
A. A fuel flowage fee of four cent (4�) per gallon for
each gallon of aviation fuel delivered to LESSEE or its agents at
Lubbock International Airport, excluding that sold or delivered
by LESSEE to a regularly certified airline under contract with
LESSOR as a part oe the pecuniary consideration herefor. LESSOR
shall be entitled to collect, and LESSEE agrees to pay, a fuel
flowage fee, as determined by LESSOR from time to time, for each
gallon of aviation fuel delivered for LESSEE'S consumption on
said airport excepting that portion.which is specifically
excluded, unless said flowage fees are paid by the supplier on
behalf of LESSEE. The aforesaid flowage fees, if not paid by the
supplier, shall be due on the first (1st) day of the month
succeeding that in which the aircraft fuels and lubricants are
received by LESSEE and shall be delinquent if unpaid before the
fifteenth (15th) day of each month. It is understood and agreed
that the total gallonage delivered to or purchased by LESSEE,
other than gasoline delivered to regularly scheduled airlines
operating under contract with LESSOR, may be reduced by an amount
not to exceed two (20) per centum in computing charges as a
maximum loss allowance from any and all causes.
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B. Ground rental in the amount of ONE THOUSAND NINE HUNDRED
EIGHTY-TWO AND 72/100 DOLLARS ($1,982.72) per year For gross land
area of 24,784 square feet described in Article I, Paragraph A
hereof as land adjacent to Building T-302, shown on Exhibit A
hereto; which rental is computed at a rate of 8 cents ($.080) per
square foot per year; such ground rental shall be paid monthly in
advance on the first (1st) day of each month in a sum of $165.73
per month, which is a sum equal to one -twelfth (1/12) of the
annual ground rental due hereunder.
C. Building rental in the amount of SEVEN THOUSAND ONE
HUNDRED NINETY-SIX AND 88/100 DOLLARS ($7,196.88) per year for
Building T-302, which rental is computed at a rate of ($.5875)
per square foot per year; such building rental shall be payable
in advance on the first (Ist) day of each month in a sum of
$599.74 per month which is a sum equal to one -twelfth (1/12) of
said annual building rental due hereunder.
D. TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,500.00)
is the established annual Fixed Base Operator's fee; however,
other applicable ground and building rentals and fuel flowage
fees maybe applied to satisfy the requirements of the Fixed Base
Operator fee. Amounts payable under this Agreement shall be paid
as follows:
Monthly payments for ground and building rents effective
with the execution of this Agreement are payable in advance
on the first (1st) day of each month. Monthly payments for
fuel flowage fee effective with the execution of this
Agreement are payable on the first (1st) day of the month
succeeding that in which the aircraft fuels and lubricants
are received by LESSEE. Operators whose payment on rents
and fees do not satisfy the minimum operators fee will pay
monthly pro rata amount of $208.34 payable in advance on the
first (1st) day of each month. In addition to the first
months rent, an amount equal to two (2) months rent will be
paid to the City as a deposit.
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ARTICLE IV
OBLIGATIONS AND RIGHTS OF LESSEE
A. ASSIGNMENT, TRANSFER, PLEDGE
LESSEE shall not at anytime assign, transfer, pledge or
otherwise alienate this Agreement or any interest herein, without
the prior written consent of LESSOR.
B. SUBLEASING
LESSEE shall not sublease all or any part of the space
leased hereunder without the specific written approval of LESSOR,
such approval not to be unreasonably withheld.
C. TAXES AND ASSESSMENTS
LESSEE agrees to pay promptly when due all taxes and
assessments levied on the premises and any other taxes or
assessments in connection with its business which may be levied
and will promptly pay when due all charges for water, electricity
and any other utilities used in connection with the operation of
said Fixed Base Operator.
D. NONDISCRIMINATION
The LESSEE for himself, his heirs, personal representatives,
successors in interest, and assigns, as a part of the consid-
eration hereof, does hereby covenant and agree "as a covenant
running with the land" that in the event facilities are con-
structed, maintained, or otherwise operated on the said property
described in this Lease for a purpose for which a DOT program or
activity is extended or for 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 49 CFR. Part 21,
Nondiscrimination in Federally Assisted Programs of the Depart-
ment of Transportation, and as said Regulations may be amended.
The LESSEE for himself, his personal representatives,
successors in interest, and assigns, as a part of the consider-
ation hereof, does hereby covenant and agree "as a covenant
running with the land" that: (1) no person on the grounds of
race, color, or national origin shall be excluded from partici-
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pation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land and
the furnishing of services thereon, no person on the grounds of
race, color, or national origin shall be excluded from partici-
pation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the LESSEE shall use the premises in
compliance with all other requirements imposed by or pursuant to
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs
of the Department of Transportation, and as said Regulations may
be amended.
LESSEE will conduct its activities and operate its facili-
ties in accordance with the requirements of Section 504 of the
Rehabilitation Act of 1973 and will assure that no qualified
handicapped person shall, solely by reason of his or her hand-
icap, be excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination, including
discrimination in employment, under any program or activity of
the LESSEE.
E. 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 its service at the Airport.
2. To furnish said service on a fair, equal and nondis-
criminatory basis to all users thereof, and
3. To charge fair, reasonable and nondiscriminatory prices
for each unit of sale or service, provided that the LESSEE
may be allowed to make reasonable nondiscriminatory dis-
counts, rebates or other similar type of price reductions to
volume purchases.
F. NONEXCLUSIVE
It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an
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exclusive right within the meaning of Section 308(a) of the Civil
Aeronautics Act.
G. DEVELOPMENT OF AIRPORT
LESSEE agrees that LESSOR has the right to further develop
or improve the Airport as it sees fit, regardless of the desires
or views of the LESSEE, and without interference or hindrance.
H. 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.
I. OPERATION OF AIRCRAFT, COMPLIANCE WITH RULES AND
REGULATIONS
LESSEE agrees to operate and conduct its business, including
but not limited to the operation of aircraft and the occupancy of
said premises, at all times in compliance with applicable
federal, state, and local rules and regulations and complying
with all applicable statutes, ordinances, rules, and regulations
affecting the use, occupancy, and operation of the premises and
airport. LESSEE further agrees that in the event that a civil
penalty or fine be levied against the Airport as a result of
LESSEE'S failure to comply or act in accordance with said rules,
regulations, statutes, and ordinances, LESSEE shall immediately
reimburse the Airport the full amount of the penalty or fine and
correct the failure, act, or omission leading to, causing, or
contributing to the violation.
J. PUBLIC LIABILITY INSURANCE
LESSEE will carry and maintain Public Liability Insurance in
companies licensed to do business in the State of Texas for the
protection of LESSOR and naming it as an insured insuring against
all claims, losses, costs or expense arising out of injuries to
persons whether or not employed by the LESSEE, damage to property
whether resulting from acts or omissions, negligence or otherwise
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of the LESSEE or any of its agents, employees, patrons or other
persons, and growing out of the use of the said airportpremises
by LESSEE, such policies to provide for a liability limit on
account of each accident resulting in a bodily injury or death to
one person of not less than ONE HUNDRED THOUSAND DOLLARS
($100,000.00), a liability limit on account. of each accident
resulting in a bodily injury or death to more than one person of
not less than THREE HUNDRED THOUSAND DOLLARS ($300;000.00), and a
liability limit of not less than ONE HUNDRED THOUSAND DOLLARS
($100,000.00) for each accident for property damage. LESSEE
shall furnish evidence to LESSOR of continuance in force of said
policies and said policies shall be so worded as to insure ten
(10) days notice of cancellation or any modification of such
policy to the LESSOR. Said policies shall be subject to the
approval of LESSOR.
K. 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 eighty percent (80%) of the full insurable
value thereof. The value of said Building T-310 is hereby
stipulated to be equal to one -hundredth times one -twelfth of the
annual. rental for said building or 100 x $1,053.00 = $105,300.00.
LESSEE shall furnish LESSOR with evidence that such coverage has
been procured and is being maintained.
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 LESSOR or its duly authorized represen-
tatives 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 LESSOR'S
discretion; however, any and all expenses incurred by so doing
shall be reimbursed by the LESSEE. LESSEE agrees to furnish
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facts and figures necessary to determine the amount to be paid.
LESSOR together with a fiscal year end signed statement certified
by a Certified Public Accountant that said figures are correct
and properly stated.
M. CONDITIONS OF PREMISES: INSPECTION
LESSEE agrees that the premises under LESSEE'S control will
be kept clean and free of all debris and other waste matter.
LESSOR shall have the right at all reasonable times to enter upon
the premises for the purposes of inspecting the premises under
LESSEE'S control.
N. MAINTENANCE
LESSEE shall, at its sole cost and expense, maintain the
leased premises and the buildings, improvements and appurtenances
thereto, in a presentable condition consistent with good business
practice. LESSEE shall repair all damages to said premises
caused by its employees, patrons or its operation hereon; shall
maintain and repair all equipment thereon, including any drainage
installations, paving, curbs, islands, buildings and improve-
ments; and shall repaint its own and/or leased buildings as
necessary to maintain a clean and attractive appearance.
LESSOR shall be the sole judge of the quality of maintenance
and upon written notice by LESSOR to LESSEE, LESSEE shall be
required to perform whatever maintenance LESSOR deems necessary.
If said maintenance is not undertaken by LESSEE within twenty
(20) days after receipt of written notice, LESSOR shall have the
right to enter upon the leased premises and perform the necessary
maintenance, the cost of which shall be borne by LESSEE.
0. 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 expensei and LESSEE shall
pay for any and all service charges incurred therefor.
P. TRASH, GARBAGE, REFUSE, ETC.
LESSEE shall provide a complete and proper arrangement for
the adequate sanitary handling and disposal, away from the
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Airport, of all trash, garbage and other refuse caused as a
result of the operation of its business.
Q. LESSEE may not erect or cause to be erected on leased
premises any billboards or advertising signs without the prior
written consent of the LESSOR.
R. INDEMNITY
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
operation and/or use of the leased premises and common areas
owned by LESSOR and used by the LESSEE, its agents, servants and
employees, and from all loss and damages by reason of negligence
of the LESSEE, its agents, servants and employees.
S. USE OF AIRPORT
During the term of this Lease, LESSEE and its tenants shall
have the free and nonexclusive use, in common with others at the
Airport,.of all runways, ramps, parking areas and any and all
public facilities available at the Airport and the right of
ingress to and egress from the above described premises which
right shall extend to LESSEE'S customers, employees, guests,
invitees, tenants and patrons.
If during the term of this Agreement, the use of the Airport
by LESSEE or its tenants is temporarily suspended, restricted, or
interfered with for a period of ten.(10) days or more for reasons
beyond the practical control of the LESSOR in such manner to
substantially affect the use of the hangar or operation of
aircraft by LESSEE or its tenants, all fees during such period
shall abate and the term of the Agreement shall, at the election
of LESSEE, be extended for an equivalent period of time.
T. WORKMEN'S COMPENSATION
LESSEE shall furnish to LESSOR satisfactory evidence that it
carries Workmen's Compensation Insurance in accordance with the
laws of the State of Texas.
U. IMPROVEMENTS
LESSEE shall not make, permit, or suffer any additions,
improvements or alterations to the property which constitute any
major structural change or changes without first submitting plans
and specifications for such additions, improvements or altera-
tions to the Director of Aviation of the City of Lubbock and
securing prior written consent of the Director of Aviation. Any
such additions, improvements or alterations made with the consent
of the 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 LESSOR and such
additions or improvements shall be subject to all terms and
conditions of this instrument. The LESSEE agrees to hold LESSOR
harmless from Mechanic's and Materialman's Liens arising from any
construction, additions, improvements, repairs or alterations
effected by the LESSEE.
V. 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 and invitees.
W. 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 vehicle.s.
ARTICLE V
OBLIGATIONS AND RIGHTS OF LESSO'P.
A. SAFETY
LESSOR 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 LESSOR,
would limit the usefulness of the Airport or constitute a hazard
to aircraft.
B. MAINTENANCE OF PUBLIC AREA
LESSOR 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.
C. STANDARDS
LESSOR reserves the right to establish standards for the
construction, maintenance, alterations, repairs, additions or
improvements of LESSEE'S facilities. This will include struc-
tural design, color, materials used, landscaping and maintenance
of LESSEE'S facilities and leased premises.
D. LESSOR reserves the right to issue through the Director
of Aviation such rules, regulations, and procedures for activi-
ties and operations conducted on the Airport as deemed necessary
to protect and preserve the safety, security, and welfare of the
Airport and all persons, property, and facilities located
thereon.
TERMINATION
A. TERMINATION BY LESSEE
This Agreement shall be subject to cancellation by LESSEE in
the event of the happening of any one or more of the following
contingencies without liability to LESSOR:
1. The permanent abandonment of the Airport as an air
terminal.
2. The issuance by any court of competent jurisdiction of
an injunction in any way preventing or restraining the use
of the Airport and the remaining in force of such injunction
for at least thirty (30) days.
3. The breach by LESSOR of any of the terms, covenants or
conditions of this Agreement to be kept, performed and
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observed by LESSOR and the failure of LESSOR 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 to
substantially restrict the LESSEE from operating said Fixed
Base Operator facilities, if such restriction be continued
for a period of three (3) months -or more.
B. TERMINATION BY LESSOR
This Agreement shall be subject to cancellation by LESSOR in
the event of the happening of any one or more of the following
contingencies:
1. If the Lessee makes an assignment for the benefit of
creditors or files a voluntary petition of bankruptcy; or if
proceedings in bankruptcy shall be instituted against it and
it is thereafter adjudicated a bankrupt pursuant to such
proceedings; or if a court shall take jurisdiction of LESSEE
and its assets pursuant to proceedings brought under the
provisions of any federal reorganization act; or if a
receiver for LESSEE'S assets is appointed; or if LESSEE
petitions or applies to any tribunal for the appointment of
a trustee or receiver of LESSEE under any bankruptcy,
reorganization arrangement, insolvency, readjustment of
debt, dissolution or liquidation law of any jurisdiction,
whether now or hereafter in effect.
2. If the LESSEE shall abandon and discontinue the conduct
and operation of said Fixed Base Operations.
3. If the LESSEE shall default in or fail to make any
payments at the time and in the amounts as required o,f it
under this Agreement.
4. If the LESSEE shall fail to perform, keep and observe
all of the covenants and conditions contained in this
Agreement to be performed, kept and observed by it.
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5. If the LESSEE shall fail to abide by all applicable
laws, ordinances and rules and regulations of the United
States, State of Texas, City of Lubbock, or Director of
Aviation of the City of Lubbock.
LESSOR shall give written notice to LESSEE to correct or
cure any such default, failure to perform, or breach and if,
within thirty (30) days from the date of such notice, the
default, failure to perform, or breach complained of shall not
have been corrected in a manner satisfactory to LESSOR, then and
in such event, LESSOR shall have the right, at once and without
further notice to LESSEE, to declare this Agreement terminated
and to enter upon and take full possession of the leased area
and, provided further that upon the happening of any one of the
contingencies enumerated in Subsection (B-1) hereof, this
Agreement shall be deemed to be breached by LESSEE and thereupon
"ipso facto" and without entry or any other action by LESSOR the
agreement shall terminate, subject to be reinstated only if such
involuntary bankruptcy or insolvency proceedings, petition for
reorganization trusteeship, receivership or other legal act
divesting LESSEE of its rights under this Agreement shall be
denied, set aside, vacated or terminated in LESSEE'S favor within
thirty (30) days from the happening of the contingency. Upon the
happening of said latter events, this Agreement shall be rein-
stated as if there had been no breach occasioned by the happening
of said contingencies provided that LESSEE shall, within ten (10)
days after the final denial, vacating or setting aside of such
petition on the vacating, terminating or setting aside of such
appointment, pay or discharge any and all sums of money which may
have become due under this Agreement in the interim.and shall.
then remain unpaid and shall likewise fully perform and discharge
all other obligations which may have accrued and become payable
in the interim.
The acceptance of rentals and fees by LESSOR 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
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LESSEE shall not be deemed a waiver of any rights on the part of
LESSOR to cancel this Agreement for failure by LESSEE to so
perform, keep or observe any of the terms, covenants or condi-
tions hereof to be performed, kept and observed. No waiver by
LESSOR or any of the terms of this Agreement to be kept, per-
formed and observed by the LESSEE shall be construed to be or act
as a waiver by LESSOR of any subsequent default on the part of
the LESSEE.
C. OWNERSHIP
Within ninety (90) days after expiration of this Agreement
as herein provided, the LESSEE shall remove all improvements,
constructed or placed thereon such as buildings, equipment,
goods,chattels and fixtures belonging to it and to restore the
premises then under occupancy to the condition in which they were
received, reasonable wear and tear and damage by fire or the
elements excepted. In the event of the failure on the part of
LESSEE to immediately remove from the premises all property owned
by it under the requirements set forth in this paragraph, LESSOR
may effect such removal and store such property at LESSEE'S
expense. LESSEE covenants and agrees to pay all reasonable
costs, attorney's fees and expenses that shall be incurred by
LESSOR in enforcing the covenants and conditions of this Agree-
ment, in event the LESSEE fails to pay expenses within thirty
(30) days, such property will be deemed abandoned and title will
vest in LESSOR;,however, this in no way relieves the LESSEE of
the debt incurred. .LESSEE shall pay a sum equal to the rentals
stipulated herein prorated to the period of time that LESSEE'S
property remains on the leased premises after the expiration of
the term of this Agreement.
In the event LESSOR terminates this Agreement for cause as
contained herein or if LESSEE discontinues Fixed Base Operation
at anytime prior to expiration, LESSOR retains ownership of
LESSEE'S improvements to the extent of the rentals due for the
then remaining term.
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D. This Lease shall be subordinate to the provisions of
any existing or future agreement between the LESSOR and the
United States, relative to the operation and maintenance of the
Airport.
ARTICLE VII
NOTICE
Any required notice to LESSOR provided for herein shall be
sufficient if sent by certified mail, postage prepaid, to the
Director of Aviation, Route 3, Box 389, Lubbock, Texas, 79401,
and any such notice to the LESSEE shall be sufficient if sent in
the same manner addressed to G & G Aero Service, Inc.,
1'
1 �d• 9J�`�il � .560&_ . 5 2�U8_. Or such other
addresses as may be designated by.LESSOR or LESSEE in writing
from time to time.
IN WITNESS WHEREOF, the parties have executed this Agreement
this 23rd day of October 1986, by their duly
authorized officers.
LESSOR:
CITY OF LUBBOCK, TEXAS
C
BY:
C. McMINN MAY --
ATTEST:
Ra Boyd, City' Secretary -
APPROVED AS TO CONTENT:
Marvin Coffee
Director of Avi tion
APPROVED AS TO FORM:
Mi c el a Hart
Assistant City Attorney
LESSEE:
G & G AERO SERVICE, INC.
ATTEST:
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