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HomeMy WebLinkAboutResolution - 032477C - Agreement To Lease Tract 4 - Avtech Aviation - LBK Regional Airport - 03_24_1977'�Jj KJ:bsb 03ZLM c 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 an Agreement to Lease Tract 4 between the CITY OF LUBBOCK and AVTECH AVIATION, INC., 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 24 day of March 1977. ROY BASS, MAYOR ATTEST: Treva Phillips, ity cretary-Treasurer APPROVED AS TO FORM: Yed 0. Senter, r., City A o ey THE STATE OF TEXAS AGREEMENT TO LEASE COUNTY OF LUBBOCK This agreement made and entered into by and between the City of Lubbock, acting by and through the Lubbock Regional Airport Board, hereinafter called "Lessor", and AvTech Aviation, a Texas Corporation with principal office in Lubbock, Texas, hereinafter called "Lessee", WITNESSETH: WHEREAS, the Lessor is the owner of one tract of land comprising approximately 70,131 .6 square feet located immediately north of the old terminal at Lubbock Regional Airport, and more specifically identified in the attached Exhibit "A", as Tract 4, which is 'incorporated herein by reference, and, WHEREAS, Lessee desires to enter into an agreement to lease said property and premises upon the following terms and conditions: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: .That for and in consideration of the mutual benefits to the parties hereto, it is mutually understood and agreed as follows: 1. Lessor hereby grants to the Lessee the exclusive right to lease the premises and property identified in the attached Exhibit "A" which is hereby incorporated herein by reference the same as though copied herein in full at this point, subject to the terms of this agreement. 2. The term of this agreement shall be one year, beginning on October 1, 1976, and ending on September 30, 1977, provided however, that Lessee is hereby granted an option to renew and extend the term of this agreement for an additional term of one year. Such option shall be exercised by Lessee notifying the Lessor in writing thirty days prior to the expiration of the origine term of his desire and intention to extend this agreement for an additional term of one year. Provided, further, that this agreement may be superseded by a formal fixed base operator lease and agreement as provided below. yA' During the term of this agreement and any extension thereof Lessee agrees to pay to the Lessor, as rental, in advance, on or before the 10th day of each month, an amount calculated on the basis of an annual rental rate of $.0398 per square foot, or a total of $2,791.24, with each monthly payment being 1/12th of the annual rental. The first monthly rental payment shall be paid on October 1 , 1976. The parties hereto mutually agree that the rental rate will be adjusted upward or downward for each ensuing year beginning in direct proportion to the fluctuation in the U.S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of computing all adjustments, the Bureau of Labor Statistics Cost of Living Index as of January 1, 1976, shall be construed as the base period, and adjustment will be made each January 1st. 4. The parties understand that it is the intention of Lessee to occupy the premises described in the attached Exhibit "A" as a fixed base operator and at such time as Lessee notifies .the Lessor that he is ready, willing, and able to occupy the premises as a fixed base operator, then it is agreed the parties shall enter into the standard fixed base operator's agreement and lease provided by the Lessor for fixed base operators currently operating at Lubbock Regional Airport, with such additions or. modifications as may be mutually agreed by the parties. Upon the execution of such fixed base operator's agreement and lease, this agreement shall terminate E~CUTEb Thi24th day of March , 1976• THE CITY OF LUBBOCK t BY: S APPROVED AS TO FORM: Lessor AVTECH AVIATION City Attorney BY: c/ Lessee -2- - _cif.-�_�a�s. aaaM.aw•s...n..c,c�l.r..s``.:�em n_•=c.�•3�..�atre.��..=�:...��.v. WILSON SURVEYING CO. 1716 Ave. M Lubbock, Texas October 6, 1976 FIELD NOTES Lubbock Regional Airport Tract k Field notes on a 1.61 Acre tract of land out of Section 28, Block A, Lubbock County, -Texas and being more particularly described as follows: Beginning at a 3/0" iron rod set for the Southwest and beginning corner of this tract, from whence the Southwest corner of Section 28, Block A bears South 89059'30" West 737.02 feet and South 0002100" East 3798.15 feet; Thence North, 125.0 feet to a 3/8" iron rod for the Northwest corner of this tract; Thence East; 560.0 feet to a 3/8" iron rod for the Northeast corner of this tract, said iron rod also being 950.0 feet West of the North -South Runway; Thence South, 950.0 feet West of and parallel to the North -South Runway, a distance of 125.0 feet to a 3/8" iron rod for the Southeast corner of this tract; Thence West, 560.0 feet to the place of beginning. Containing 1.61 Acres, CERTIFIED CORRECT: John N. Wilson Registered Public Surveyor A r bboCk V, TELEPHONE (806) 762-6411 Ext. 325-326 March 14, 1977 AvTech Aviation RFD #3 - Box 50 Lubbock, Texas 79401 Gentlemen: ROUTE 3, BOX 389 LUBBOCK, TEXAS 79401 This agreement, entered into at Lubbock, Texas by and between the City of Lubbock acting by and through the Lubbock Regional Airport Board and or the Director of Aviation, hereinafter called the "City" and AvTech Aviation, RFD #3 - Box 50, Lubbock, Texas 79401, (a corporation) hereinafter called "Lessee". The Lessee desires to lease a portion (approximately 70' x 201) of Building X (1 bay) located on Avenue E and 8th Street on Airport property for the purpose of storing airplane parts. The terms of this lease shall be on a month to month basis beginning March 14, 1977, but revocable at any time, with cause, upon sixty (60) days written notice to the Lessee at the address appearing hereon by the Director of Aviation or other authorize) officer of the City of Lubbock, for the following consideration payable to the Lubbock Regional Airport office in the amount of thirty-five (35.00) dollars a month in advance The Lessee agrees to indemnify, defend and forever save the Airport Board and City, their authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, or loss resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the Lessee, his agents, servants, guests, employees or business visitors under this agreement. The Lessee shall as required by the City, vacate said premises, remove all property of the Lessee and restore the improvements included herein to as good condition AvTech Aviation March 14, 1977 Page Two on such date of relinquishment as when received, ordinary wear and tear accepted. ATTEST: ACKNOWLEDGEMENT AvTech Aviation t is -President Jea.rl Hale ATTEST-, AvTech-Aviation .SecYetaTy Lubbock Regional Airport Board By: Director of Aviation