HomeMy WebLinkAboutResolution - 032477J - Fixed Base Operator Agreement - Avtech Aviation Inc - LBK Regional Airport - 03_24_1977KJ:bsb
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
D,5W92
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 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 24thday of March 1977.
ROY BASS, MAYOR
ATTEST:
7A 4 .
lips, City 4L"Cretary-Treasurer
AS TO FORM:
Senter, Jr., Ci Attorney
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FIXED BASE OPERATOR AGREEMENT
THIS LEASE AGREEMENT, made this day of March, 1.977,
between the City of Lubbock, acting by and through its duly author-
ized city representative (hereinafter referred to as "Lessor") and
AVTECH AVIATION, INC. under the laws of the State of Texas, with its
principal office at Lubbock, Texas (Hereinafter referred to as the
"Lessee").
WITNESSETH
WHEREAS, Lessor owns and operates the Lubbock Regional Airport,
located in Lubbock County, Texas (hereinafter called the "Airport".),
and
WHEREAS, Lessor deems it advantageous to itself and to its
operation of the Airport to lease unto Lessee the parcel of land des-
cribed herein (hereinafter referred to as "Tract 3") 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 general activities of fixed base opera-
tion and aircraft sales, and,
WHEREAS, Lessee proposes to lease on a net basis from Lessor
certain ground area and to avail itself of certain privileges, rights
and uses pertaining thereto, and,
WHEREAS, Lessee has indicated a willingness and ability to pro-
perly keep, maintain, and improve said ground in accordance with
reasonable standards established by Lessor,
NOW THEREFORE,
ARTICLE I
PREMISES A14D 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 demise and lease unto Lessee certain property
(hereinafter called "Tract 3"), and certain attendant privileges, uses
and rights, as hereinafter specifically set out.
____.........................
"--"._
A. Description of Land Area Leased
1. Land Area - A 1.61 acre tract of land out of Section
28, Block A, Lubbock County, Texas, and being more particularly des-
cribed in Exhibit "A" attached and made part hereof.
Said tract contains:70,131.6 square feet and is located
North of the old terminal building on the West side of the Airport.
B. PURPOSE The purposes for which Lessee may use the premises
described in paragraph 1 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 part'; and accessories, inspections, licensing,
fabrication, aircraft components, flight instruction, storage of air-
craft and equipment, airplane charter flights and local short flights
and may operate at the Lubbock Regional Airport as a Fixed Base Operatox
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 governmental agencies.
3. Lessee shall have a non-exclusive right to sell aviation
fuel, oil and other propellants or lubricants to the general public
at said airport.
ARTICLE II
A. The original term of this agreement shall commence on the 1st
day of January, 1977, and end on the 31st day of March, 1996, a term of
nineteen years and three months. Lessee shall have the option to extent
this agreement for three five (5) year periods. Such option must be in
writing ninety (90) days prior to expiration date of original term or
expiration of first or second five (5) year option whichever applies.
B. The parties hereto mutually agree that the rental rate will
be adjusted upward or downward for each year beginning April 1, 1977,
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
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Living Index as of January 1, 1976, 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 City the following:
A. A fuel flowage fee of four cents (4 cents).per gallon of
aviation fuel delivered:_to.Lessee or.,:its agents:.at Lubbock Regional
Airport, excluding that sold or delivered by Lessee to -.a regularly--�-
certified airline under contract with the City of Lubbock as a part of
the .pecuniary consideration herefor. Lessor shall be entitled to
collect and Lessee agrees to pay -such 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 fee is paid by the
supplier on behalf of Lessee. The aforesaid.flowage fee, if not paid
by the supplier, shall.be-due on the first day of the month succeed-
ing that in which the aircraft fuels and lubricants are received by
Lessee and shall be delinquent if.unpaid_before.the fifteenth 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 (2%) percentum in com-
puting charges as a maximum,, loss allowance from any and all causes.
B. Ground,rental for the gross land.area,:leased hereunder,
shown on Exhibit A containing 70,131.6 square feet as defined in
Article I, Paragraph A at the rate of $.0398 per square foot per year
or as adjusted as outlined in Article'II, B. above shall be paid to
Lessor by Lessee. Ground rentals shall be paid monthly in advance
on the rental due hereunder at the rate of $232.60 per month.
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C. Two Thousand Five Hundred Dollars ($2,500.00) is the
established annual Fixed Base Operator's fee; however, other applicable
ground rent, fuel flowage fee shall be applied as satisfying the
requirements of the Fixed Base Operator fee. Amounts payable under
this agreement shall be paid as follows:
Monthly payments for ground rent andfuel flowage
fee effective with the execution of this agree-
ment are payable no later than the 15th day of
the month following. Operators whose payment on
rates and fees do not satisfy the minimum operators
fee will pay monthly pro rata amount of $208.34
payable no later than the 15th day of each month.
D. For the purposes of Subparagraphs A and C of this Article
III, all fees paid by Avtech Aviation, Inc. under Subparagraphs A
and C of Article III of that certain Fixed Base Operator Agreement
between the City of Lubbock, as Lessor, and Avtech Aviation, Inc.
(formerly Quasar,"Inc.) dated September`25, 1975, shall be considered
as satisfying the requirements of Subparagraphs A and C of Article
III -of this Agreement.
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 the City.
B. SUBLEASING
Lessee shall not sublease all or any part of the demised
premises hereunder without the specific written approval of Lessor,
such approval not to be unreasonably withheld.
C. TAXES AND ASSESSMENTS
Lessee agrees to pay all taxes and assessments levied
on the premises and any other taxes or assessments in connection
with its business which may be levied, promptly when due, 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.
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D. NON-DISCRIMINATION,
Lessee, his agents and employees will not discriminate
against any person or class of persons by reason of race, color,
sex, age, creed or national origin in providing any service or in
the use of any of its facilities provided for the public, in any
manner prohibited by Part 15 of the Federal Aviation Regulations.
The Lessee further agrees to comply with such enforcement procedures
as the United States might demand that the Lessor take in order to
comply with the Sponsors' Assurances.
Lessee agrees to not discriminate against any employee
or applicant for employment because of race, creed, color, sex,
age or national origin. The Lessee agrees to take affirmative
action to insure that applicants are employed, and that employees
are tested during employment without regard to their race, creed,
color, sex, age or national origin. Such action shall.include,
but not be limited to employment, upgrading,.demotion, or transfer,
recruitment, layoff, rates of pay or other forms of compensation,
and selection for training, including apprenticeship.
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 service
adequate to meet all the demands for its services 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 types of price reductions to volume
purchases.
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F. NON-EXCLUSIVE
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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.
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 Lessee, so long as Lessee is not prevented from using and
occupying the -leased premises.
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 that it will operate aircraft at all times
in compliance with all applicable federal, state and local rules
and regulations and complying with all applicable statutes, ordinances,
rules and regulations affecting the use and operation of the hangar
and airport.
J. PUBLIC LIABILITY INSURA14CE
Lessee will carry and maintain Public Liability Insurance
in companies licensed to do business in the State of Texas for the
protection of the City of Lubbock and naming it as an insured insuring
against all claims, losses, costs or expense arising out of injuries
to persons whether or not employeed by the Lessee, damage to property
whether resulting from acts or omissions, negligence or otherwise
of the Lessee or any of its agents, employees, patrons or other
persons, and growing out of the use of the said airport premises
by Lessee, such policies to provide for a liability limit on account
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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 the
City of Lubbock of continuance in force of said policies and said
policies shall be so worked as to insure ten (10) days notice of
cancellation or any modification of such policy to the City of Lubbock.
Said policies shall be subject to the approval of the City of Lubbock.
Any public liability insurance carried by Lessee under that Fixed
Base Operator Agreement, between the City of Lubbock and Avtech
Aviation, Inc. (formerly Quasar, Inc.) dated September 25, 1975,
shall be considered toward satisfying the requirement of this
subparagraph.
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 80% of the full .insurable value thereof as set forth in individual
lease agreement, and 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 Regional Airport which books and records may be inspected
at anytime during regular business hours 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 per-
formed outside the Lubbock area, such request may be honored at
the City's discretion, however, any and all expenses incurred by
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so doing shall be reimbursed by the Lessee. Lessee agrees to.
furnish facts and figures necessary to determine the amount to be
paid City 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.
The City shall have the right at all reasonable times to enter upon
the premises for the purpose of inspecting the premises under Lessee's
control.
N. MAINTENANCE
Lessee shall, at its sole cost and expense, maintain the
demised premises and the buildings, improvements and appurtenances
thereto, in a presentable condition consistent with good business
practice. Condition of leased premises at time of beneficial
occupancy is considered the acceptable standard.- 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 improvements; and shall repaint its own buildings as
necessary.
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 reasonable maintanance Lessor deems necessary.
If said maintenance is not undertaken by Lessee within twenty days
after receipt of written notice, Lessor shall have the right to
enter upon the demised premises and perform the necessary maintenance,
the cost of which shall be borne by Lessee.
O. UTILITIES
Lessee shall have the right to connect to any and all
storm and sanitary sewers and water and utility outlets including
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metering devices at its own cost and expense; 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
airport, of all trash, garbage and other refuse caused as a result
of the operation of its business.
Q. SIGNS
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
1. 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 Lessees, its agents, servants, employees,
and from all loss and damages by reason of negligence of the Lessee,
its agents, servants, and employees.
2. Lessor agrees to hold Lessee 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 Lessor's
operation and/or use of the Airport facilities outside of the leased
premises by the Lessor, its agents, servants, employees, and from
all loss and damages by reason of negligence of the Lessor, its
agents, servants and employees.
S. USE OF AIRPORT
During the term of this lease, Lessee and its tenants
shall have the free and non-exclusive use in common with others
at the airport of 411 runways, ramps, parking area and any and all
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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 City in such manner as to sub-
stantially 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 the City of Lubbock satisfactory
evidence that it carries Workmen's Compensation .Insurance in accordance
with the laws of the -State of Texas.
U. IMPROVEMENTS':
Lessee may make and construct additions, improvements
and alterations to the property in accordance with plans and speci-
fications submitted to and approved by 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. 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.
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 or invitees.
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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 vehicles.
ARTICLE V
OBLIGATIONS AND RIGHTS OF LESSOR
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 the City, 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 reasonable standards
for the construction, maintenance, alterations, repairs, additions,
or improvements of Lessee's facilities and leased premises.
D. UTILITIES
Lessor agrees to construct the necessary sewage facilities
to serve Lessee where Lessee may connect at the edge of leased
premises.
E. SERVICE ROAD
Lessor agrees to construct a public service road and
permits Lessee to connect to said service road that will permit
Lessee ingress and egress to its leased premises.
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F. TAXIwAY
Lessor agrees to construct a connecting taxiway for the
aeronautical use of Lessee's customers, patrons, employees, guests
and invitees.
ARTICLE VI
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 the City of Lubbock:
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 the City of Lubbock of any of the terms,
covenants or conditions of this Agreement to be kept, performed
and observed by the City of Lubbock, and the failure of the City of
Lubbock 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 is to continue or has continued for a period
of three (3) months or more.
B. TERMINATION BY LESSOR
This Agreement shall be subject to cancellation by the
City of Lubbock in the event of the happening of any one or more of
the following contingencies:
1. If the Lessee shall file a voluntary petition of
bankruptcy; or, if proceedings in bankruptcy shall be instituted
against it and it is thereafter adjudicated a bankrupt pursuant
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I
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 shall be divested of its
rights, powers and privileges under this Agreement.by other operation
of law.
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 of 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.
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.
City of Lubbock shall give written notice to Lessee to
correct or cure 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 the City of Lubbock, then and
in such event, City 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 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 City of Lubbock the Agreement shall terminate,
subject to be reinstated only if such involuntary bankruptcy or
insolvency proceedings, petition for organization trusteeship,
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•Y 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 Agree-
ment shall be reinstated 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 dis-
charge all other obligations which may have accrued and become
payable in the interim, and,
Provided, further, that in the event that defaults, failure
to perform and breaches by Lessee of its obligations under this
Agreement to be performed, kept and observed by it shall recur from
time to time, then upon written recommendation by the Director of
Aviation to City of Lubbock, the City of Lubbock may terminate this
Agreement.
City of Lubbock shall give written notice of such'recom-
mendation and termination to said Lessee and the Agreement shall
terminate within thirty (30) days from the date of said notice.
The acceptance of rentals and fees by the City for any period or
periods after a default of any of the terms, covenants, and con-
ditions 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 of Lubbock to cancel this Agreement for failure by Lessee
to so perform, keep or observe any of the terms, covenants or con-
ditions hereof to be performed, kept and observed. No waiver by
the City of'Lubbock or any of the terms of this Agreement to be
kept, performed and observed by the Lessee shall be construed to
be or act as a waiver by the City of Lubbock or any subsequent
default on the part of the Lessee.
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77
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C . OW14ERSHIP
Within ninety (90) days"after expiration of this Agreement
as herein provided, the Lessee shall have the option to remove all
improvements, constructed or placed thereon such as buildings,
equipment, goods, chattels and fixtures belonging to it except
pavement area constructed by Lessee. Lessee shall give City thirty
(30) days written notice prior to expiration of Lessee's intent to
exercise such option. In the event of the failure on the part of
Lessee to exercise its option to remove from the premises such
improvements, title to such improvements shall vest in the City of
Lubbock. Lessee covenants and agrees to pay all reasonable costs,
attorney's fees and expenses that shall be incurred by the City of
Lubbock in enforcing the covenants.and conditions of this Agreement,
in event the Lessee fails to pay expenses within thirty (30) days
such property will be deemed abandoned and title will revert -to
the City• however, this in no way relieves the Lessee of the debt
incurred.`
In the event Lessor terminates this Agreement for cause
as contained in Article VI(B) above, or if Lessee discontinues
Fixed Base Operation at anytime prior to expiration the City retains
ownership to Lessee's improvements to the extent of the rentals due
for the then remaining term.
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.
BANKRUPTCY, RECEIVERSHIP OR INSOLVENCY
If Lessee makes an assignment for the benefit of creditors,
of 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 of law of any jurisdiction, whether now or hereafter in
-is-
effect; or if.any such petition or application is filed, or any such
proceedings are commenced, against Lessee, or Lessee by any act
indicates its approval thereof., consent thereto, or acquiescence
therein, or any order is entered appointing any such trustee or
receiver, or adjudicating Lessee bankrupt or insolvent, or approving
the petition in any such proceedings, the City at its option may by
notice in writing to Lessee declare this Agreement terminated.
ARTICLE VIII
NOTICE
Any required notice to the City provided for herein shall
be sufficient if sent by registered or certified mail, postage
prepaid, to the Director of Aviation, Route 3, Box 201, Lubbock,
Texas, 79401, and any such notice to the Lessee shall be sufficient
if sent in the same manner addressed to Avtech Aviation, Inc.,
1708 Ave: G, Lubbock, Texas, to the attention of Leonard Mitchell,
or such other addresses as may be designated by the City or Lessee
in writing from time to time.
IN WITNESS WHEREOF, the parties have executed this Agreement
this day of 1977, by its duly
authorized officers.
ATTEST: CITY OF LUBBOCK
tie
By
City Secretary-Tre Curer Mayor
APPROVED:
By
City Attorney
ATTEST:
Secretary
{ -16-
LESSEE - AVTECH AVIATION, INC.
By
i 1
VicePresident
I!
WILSON SURVEYING CO.
1716 Ave. M
Lubbock, Texas
October 6, 1976
FIELD NOTES
Lubbock Regional Airport
Tract 3
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.3/8" iron rod for the Southwest and beginning corner
of this tract, from whence the Southwest corner of Section 28, Block A bears
South 89059'30" West, 736.91 feet and South 0002100" East, 3603.15 feet;
Thence North, 125.00 feet to a 3/8" iron rod for the Northwest corner
of this tract;
Thence East, 560.00 feet to a 3/8" iron rod for the Northeast corner of
this tract, said iron rod also being 950.00 feet West of the North -South
Runway;
Thence South, 9.50.00 feet West of and parallel to the North -South Runway,
a distance of 125.00 feet to a 3/8" iron rod set for the Southeast corner of
this tract;
Thence West, 560.00 feet to .the place of beginning.
Containing 1.61 Acres. '
CERTIFIED CORRECT:
John N. Wilson
Registered Public Surveyor
WILSON SURVEYING CO.
1716 Ave. M
Lubbock, Texas
October 6, 1976
FIELD NOTES
Lubbock Regional Airport
Tract 3
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.3/8" iron rod for the Southwest and beginning corner
of this tract, from whence the Southwest corner of Section 28, Block A bears
South 89059'30" West, 736.91 feet and South 0002100" East, 3603.15 feet;
Thence North, 125.00 feet to a 3/8" iron rod for the Northwest corner
of this tract;
Thence East, 560.00 feet to a 3/8" iron rod for the Northeast corner of
this tract, said iron rod also being 950.00 feet West of the North -South
Runway;
Thence South, 9.50.00 feet West of and parallel to the North -South Runway,
a distance of 125.00 feet to a 3/8" iron rod set for the Southeast corner of
this tract;
Thence West, 560.00 feet to .the place of beginning.
Containing 1.61 Acres. '
CERTIFIED CORRECT:
John N. Wilson
Registered Public Surveyor