HomeMy WebLinkAboutResolution - 460 - Cetrificated Passenger Airline Lease-Air Midwest, Inc.-Ticket Counter Space, LIA - 03_27_1980SMT:bs- RESOLUTION #460 - 3/27/80
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 Certificated
Passenger Airline Lease with Air Midwest, Inc. for ticket counter space and
sundry rights and privileges at the Lubbock International Airport, a copy of
which is 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 2 tFi day of March ,1980.
IRK WEST, MAYOR
ATTEST:
-.`velyn G �f " tary-Treasurer
'APPROVED,AS TO FORM:
Susan M. Tom, Assistant City Attorney
RESOLUTION ®•� 3/27/80
CERTIFICATED PASSENGER AIRLINE,LEASE
Lubbock International Airport
Lubbock, Texas
THIS LEASE AGREEMENT, made this day of
19Ad, by and between the City of Lubbock
(hereinafter referred to as "City"), and Air Midwest, Inc., a cor-
poration incorporated under the laws of the State of Kansas with
its principle office at Wichita, Kansas (hereinafter referred to
as "Lessee").
WHEREAS, City owns and operates Lubbock International Airport,
located in Lubbock County, State of Texas (hereinafter referred
to as "Airport"), and
WHEREAS, Lessee is engaged in the business of air transpor-
tation with respect to persons, property, and cargo, and is certi-
ficated by the Civil Aeronautics Board to furnish said service
through Lubbock International Airport, and
WHEREAS, City is currently operating a terminal building at
said Airport and said building includes space for airline ticketing
and operation facilities, and
WHEREAS, Lessee desires to lease certain premises and faci-
lities in the terminal building and to obtain certain rights in
connection with and on the Airport,
NOW THEREFORE, for and in consideration of the mutual cov-
enants hereof, City hereby leases to Lessee and Lessee hereby
hires and takes from City certain exclusive premises (hereinafter
called "Leased Premises"), and certain non-exclusive use facilities,
rights and privileges in connection with and on the Airport, as
hereinafter described, upon the terms and conditions as follows:
ARTICLE I
LEASED PREMISES AND USES
Section 1.01 - Description of Exclusive Leased Premises.
The exclusive Leased Premises shall be comprised of 144 square
feet, more or less, in the terminal building for ticket counter
space.
The location of the Leased Premises is designated in colors
on Exhibit A attached hereto and by this reference made a part
hereof.
Section 1.02 - Description of Non-exclusive Use Premises.
In addition to the exclusive Leased Premises hereinabove defined,
Lessee is hereby granted the Non-exclusive use, in common with
others authorized so to do, of such space and facilities as may be
designated by City in and adjacent to the terminal building, which
space and facilities, without limiting the generality hereof,
shall consist of:
(A) Ground area for the taxiing of aircraft.
(B) Space for a reasonable amount of Lessee's apron equip-
ment.
(C) Loading gates.
(D) Vehicular parking space, as available, in the Employee
Parking Lot for the use by Lessee and its employees.
Such space shall be at locations designated by City in
common with other airport employees and the use thereof
shall be provided at same charge per month as estab-
lished for other airport employees.
Section 1.03 - Description of Privileges, Uses and Rights.
Lessee shall be entitled, in common with others authorized so to
do, to the general use of all public airport facilities and im-
provements which are now or may hereafter be connected with or
appurtenant to the Airport, except as hereinafter provided. For
the purpose of this lease, "public airport facilities" shall in-
clude, but not be limited to, approach areas, runways, taxiways,
aprons, aircraft parking areas, roadways, sidewalks, navigational
and avigational aids, lighting facilities, terminal facilities, or
other public facilities appurtenant to the Airport.
Lessee's use of said public airport facilities shall be for
the sole purpose of operating a transportation system by aircraft
for the carriage of persons, property, and cargo, (hereinafter
referred to as "Air Transportation"), which use, without limiting
the generality hereof, shall include:
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(A) The handling, ticketing, billing and manifesting of
passengers, baggage, and cargo, in air transportation
by Lessee or on behalf of any other certificated pas-
senger air transportation company having a valid lease
with City.
(B) The repairing, maintaining, conditioning, servicing,
testing, parking or storage of aircraft or other equip-
ment operated by Lessee, or of any other certificated
passenger air transportation company. Such right and
the rights referred to in Subparagraphs (C) and (D)
below shall not be construed as authorizing the conduct
of a separate business by Lessee, but shall permit
Lessee to exercise such rights only in connection with
its conduct of air transportation.
(C) The training on the Airport of personnel in the employ
of or to be employed by Lessee or any other certificated
passenger air transportation company.
(D) The sale, lease, transfer, disposal or exchange of
Lessee's aircraft engines, accessories, and other equip-
ment or supplies. Said right shall include the sale,
lease, transfer or disposal of any article or goods used
by or bought for use by Lessee in connection with its
conduct of air transportation; provided however, that
Lessee shall not:
(1) Sell food or beverages, except for consumption by
passengers on the aircraft and as provided in
Subparagraph (I) of this Section 1.03.
(2) Sell gasoline, fuel, propellants, greases or other
lubricants.
(E) The servicing by Lessee's employees or others under
control of Lessee of aircraft and other equipment operated
by Lessee on the apron, by truck or otherwise, with
gasoline, oil, greases, lubricants and any other fuel
or propellant or other supplies required by Lessee.
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All of which shall include, without limiting the general-
ity hereof, the right of Lessee to install and maintain
on the Airport subject to terms and conditions mutually
agreeable to the parties hereto adequate storage faci-
lities for such gasoline, oil, greases, lubricants and
other fuel or propellant or supplies, together with the
necessary pipes, pumps, motors, filters and other ap-
purtenances incidental to the use thereof, and the in-
stallation and maintenance of pipes in connection with
such facilities as well as a pipeline or lines between
Lessee's source of supply and said storage facilities.
Lessee shall submit to City for its written approval
complete written plans and specifications for such storage
facilities prior to installation. Lessee's exercise of
its rights hereunder shall be subject to the execution
by the parties hereto of a separate lease on such terms,
conditions and consideration, as may be mutually agreed
upon. In connection with the execution of any such
lease, City now agrees and hereby becomes obligated to
make available for Lessee's use adequate and convenient
rights -of -way on the Airport for said pipelines; provided,
however, that Lessee shall be responsible for the cost
of all excavation, resurfacing, construction, instal-
lation, maintenance and operation thereof and further
provided that Lessee shall restore the surface of the
Airport. In the event Lessee discontinues the use of
said storage facilities or pipelines, Lessee agrees to
remove said storage facilities or pipelines and restore
the surface of the Airport affected by such removal to
their original condition to the satisfaction of the City.
(F) The landing, taking off, flying, taxiing, towing,
parking, loading and unloading of Lessee's aircraft or
other equipment operated by Lessee, used in the operation
of scheduled, shuttle, courtesy, test, training, in-
spection, emergency, special charter, sight-seeing and
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other flights. All of which shall incidentally include,
without limiting the generality hereof, the right to
load and unload Lessee's aircraft, or the aircraft of
any other certificated passenger air transportation
company having a valid lease with City, adjacent to a
convenient entrance to the terminal building at loading
gates located on the loading apron at points to be de-
signated by City; provided, however, that flights
carrying cargo or freight only shall load and unload
at convenient and accessible points to be designated
by City.
(G) The loading and unloading of property, and cargo, at
said Airport by such motor vehicles or other means
of conveyance as Lessee may desire or require in the
operation of its air transportation system, with the
right to designate the particular carrier or carriers
who shall regularly transport Lessee's property, and
cargo, to and from the Airport.
(H) The right to install, maintain and operate, for its own
use, either by Lessee alone, or by Lessee in conjunction
with others who are Lessees at the Airport, or through
a nominee, a message system or other communication systems
between suitable locations. The installation, mainten-
ance and operation of a message/communication system
shall be without cost to City, and subject to reason-
able rental payments by Lessee to the City for any space
used, as well as the prior written approval of City as
to location, plans and specifications.
(I) The right to provide food and beverages for consumption
aloft by passengers and crews of Lessee or by passengers
and crews of any other certificated passenger airline
or for consumption by said passengers and crews grounded
at the Airport because of weather or mechanical con-
ditions. Such food and beverages may be served only
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in Lessee's exclusive space when such food and beverages
were originally scheduled to be served to such passengers
and crews aloft. Except to the extent hereinabove speci-
fically provided, nothing in the Subparagraph (I) shall
be deemed to give Lessee the right on the Airport to
maintain or operate a cafeteria, restaurant, vending
machines, bar or cocktail lounge for the purpose of
selling or in any manner otherwise providing for the
sale of food or beverages to the public.
(J) The right to place or replace existing signs identifying
Lessee's business on and in the terminal building. Said
signs shall be substantially similar to existing signs
as to size, type and location. A change in existing
signs as to number, general type, size, design, and
location shall be subject to the written approval of
City prior to installation. Such installation and op-
eration shall be without cost to City.
(K) The right to install, maintain and operate by Lessee
alone, by Lessee in conjunction with any other certi-
ficated passenger air transportation companies who are
lessees at the Airport, or through a nominee, such
radio communications, meterological and aerial navi-
gation equipment and facilities in or on premises leased
exclusively to Lessee, without cost to the City and sub-
ject to the written approval of City as to location,
method and type of installation prior to installation.
(L) The right, except as herein otherwise specifically pro-
vided, to purchase or otherwise obtain personal property
of any nature (including, but not limited to, gasoline
fuel, propellants, lubricating oil, grease, food, bev-
erages and other materials, equipment and supplies)
deemed by Lessee necessary or incidental to its operations,
its exercise of the rights herein granted and its dis-
charge of the obligations herein imposed. Said purchases
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may be made through any person, partnership, firm,
association or corporation lessee may choose.
(M) The rights and privileges granted the Lessee under Sub-
paragraph (E), (G), (H), and (K), of this Section 1.03
may be exercised by Lessee for and on behalf of any
other certificated passenger air transportation company
of by or through a nominee of Lessee. Said nominee
shall be subject to the prior written approval of the
City. It is specifically provided, however, that any
such nominee shall have no greater rights than Lessee
hereunder.
Section 1.04 - Rights and Privileges Specifically Excluded.
Except as specifically provided for in Section 1.03, nothing here-
in shall be deemed to give Lessee any right or permission to sell
at the Airport any goods or services to the public, other than
related air transportation services. This prohibition includes,
without limiting the generality of the foregoing, insurance sales
except when not otherwise available to the Airport.
Section 1.05 -Right of Ingress and Egress.
City hereby grants the right of ingress to and egress from but
not the use of, except as provided in this lease, the Leased
Premises and facilities referred to in Sections 1.01 and 1.02
for Lessee, its employees, agents, passengers, guests, patrons,
its suppliers of materials or furnishers of service, its air-
craft. equipment, vehicles, machinery and other property. Said
rights shall be subject to such ordinances, rules and regulations
as may now or hereafter have application at the Airport and shall
be without charge, except as herein otherwise provided.
ARTICLE II
TITLE TO LESSEE
Section 2.01 - Installed Improvements and Property.
All improvements, equipment and other property bought, installed,
erected or placed by Lessee in, on or about the Airport and the
Leased Premises shall be deemed to be personalty and remain the
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property of Lessee, except as may constitute fixtures attached to
the building or premises, which if removed would damage or impair
the use of such building or premises.
ARTICLE III
OBLIGATIONS OF CITY
Section 3.01 - Right to Lease Property.
City represents that it has the full right to lease that portion
of the Airport referred to herein, together with all the premises,
facilities, rights, licenses, services and privileges herein granted,
and has full power and authority to enter into this lease in respect
thereof.
City further represents that all things have happened and
been done to make its granting of this lease effective and City
warrants to Lessee peaceful possession and quiet enjoyment of the
Leased Premises, appurtenances, facilities, rights, license and
privileges during the term hereof, upon performance of Lessee's
covenants herein.
Section 3.02 - Maintenance and Operation of Airport.
Except as otherwise specifically provided herein, City shall,
during the term of this lease, operate, maintain and keep in good
repair the terminal building, terminal apron and all public air-
port facilities and services now or hereafter connected with the
Airport, which City has agreed to furnish and supply hereunder.
City shall not, however, be required to perform maintenance and
make repairs occasioned by the negligence of Lessee or its employees,
agents, servants, patrons, and invitees, in which case City may
perform such maintenance or make such repairs as necessary and
charge the cost of same to Lessee, provided Lessee has failed
to perform such maintenance or make such repairs within a reason-
able time after a request in writing from City so to do.
City shall keep the Airport free from obstructions, including
the clearing and removal of grass, stones, snow and ice, or other
foreign matter as reasonably necessary and with reasonable prompt-
ness from the runways, taxiways and loading areas in order to
insure the safe, convenient and proper use of the Airport by
U.
Lessee. City shall maintain and operate the Airport in all respects
in a manner at least equal to the standards or rating issued by
the Federal Aviation Administration for airports substantially
similar in size and character and in accordance with all rules
and regulations of the Federal Aviation Administration and any
other governmental agency having jurisdiction thereof.
Nothing herein contained shall be deemed to require City to
enlarge the Airport or to make the extensions or additions to
the landing areas, runways, taxiways or other appurtenances of
the Airport. It is further understood and agreed that City may
abandon certain facilities which are no longer reasonably justified
for proper and adequate operation of the Airport.
The obligations assumed by City under this Article III shall
not obligate City, except as provided in Article X hereof, to
repair or rebuild any of said facilities at said Airport in the
event of damage by the elements, fire, explosion, or other causes
beyond the control of City. City shall keep the public and pas-
senger space in the terminal building adequately supplied, equip-
ped, furnished and decorated and shall operate or cause to be
operated and maintained adequate directional signs in said spaces
and in all other public spaces on the Airport. Said signs shall
include, but not be limited to, signs indicating the location of
all public restaurants, rest rooms, newsstands, telegraph offices,
baggage counters and all other facilities for passenger or public
use in the terminal building or elsewhere on the Airport. City
shall provide and supply adequate heat, conditioned air, light
and water for the public and passenger space in the terminal
building.
City shall also provide and supply adequate lighting for
vehicular parking spaces and aircraft loading ramp and adequate
field lighting including, without limiting the generality hereof,
landing lights and beacons.
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City shall also provide janitors and other cleaners
necessary to keep the public and passenger space, including
that exclusive leased area in front of the ticket counters, and
the landing area of the Airport clean, neat, orderly, sanitary
and presentable at all times.
Section 3.03 - Maintenance and Services in Lessee's
Exclusive Space.
City shall be responsible for and shall perform exterior building
maintenance and structural maintenance throughout the Leased
Premises and, at no additional charge, provide the following
services to Lessee in the Leased Premises:
(A) Building heat and air conditioning (during the period
of the year when such service is provided in the public
areas of the terminal building).
(B) Exterior window washing at periodic intervals, as re-
quired to provide a clean attractive appearance.
(C) Maintenance of mechanical and electrical systems in-
stalled by City, excluding relamping behind and above
ticket counter.
Section 3.04 - Governmental Facilities.
It is expressly agreed that if funds for the provision; mainten-
ance and operation of the Control Tower, Instrument Landing System,
and/or other air navigation aids or other facilities required
or permitted by the United States Government and needed by Lessee
or Lessee's operation at the Airport and which are now or may
hereafter be furnished by the United States Government are dis-
continued by the United States Government, City shall not be re-
quired to furnish said facilities.
Section 3.05 - Restaurants.
City agrees to provide space in the terminal building for a rest-
aurant or coffee shop for the purpose of selling food and bever-
ages to the general public. City agrees to require the operator
of said restaurant or coffee shop to furnish employees of Lessee
and air passengers food and beverages of good quality and reason-
able rates.
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ARTICLE IV
OBLIGATIONS OF LESSEE
Section 4.01 - Maintenance of Leased Premises.
Except for exterior building and structural maintenance by City,
as provided in Section 3.03, Lessee shall be obligated, without
cost to City, to maintain its exclusive Leased Premises and every
part thereof including, but not limited to, the Counter shell
and the outbound baggage system in good order, repair and safe
condition.
Lessee shall, at its own expense, provide janitorial services
in the Leased Premises. Said services may be provided by Lessee
alone, by Lessee in conjunction with other certificated passenger
air transportation companies who may hereafter be lessees at the
Airport, or a nominee of Lessee who shall be approved by the
Director of Aviation.
Lessee shall relamp light fixtures as necessary, and shall
repaint the interior of the Leased Premises as necessary but not
less than once every three years. All such maintenance, repairs,
and replacements shall be of quality equal to the original condition
in materials and workmanship. All paint colors or schemes shall
harmonize with the decor of the passenger terminal area subject
to the prior approval of Director of Aviation.
Section 4.02 - Porter Service.
Lessee may, at its option, provide porter service for the con-
venience of its passengers in and adjacent to the baggage claim
area of the terminal building. Said service may be provided by
Lessee alone, by Lessee in conjunction with other certificated
passenger air transportation companies who may hereafter be Lessees
at the Airport, or a nominee of Lessee who shall be approved by
the Director of Aviation.
Section 4.03 - Alterations, Additions or Replacements.
During the term of this Lease, Lessee shall make no alterations,
additions, or replacements in the leased premises without the
prior written approval of City.
Lessee shall likewise obtain prior approval from City before
installing, at its own expense, any additional equipment which
requires new electrical or plumbing connections or changes in those
already installed on the Leased Premises.
Section 4.04 - Removal and Demolition.
Lessee shall not remove or demolish, in whole or in part, any im-
provements that already exist on the Leased Premises without the
prior written consent of City which may, at its discretion, con-
dition such consent upon the obligation of Lessee to replace the
same improvements specified in such consent upon termination of
this lease. City shall not withhold consent unreasonably and shall
not impose unreasonable condition in its consent.
Section 4.05 - Trash and Garbage.
Lessee shall provide at its expense a complete and proper arrange-
ment for the adequate sanitary handling and disposal, away from
the Airport, of all trash, garbage and other refuse caused as a
result of its operations on the Airport. Lessee shall provide and
use suitable covered metal receptacles for all garbage, trash and
other refuse on or in connection with Lessee's areas. Piling of
boxes, cartons, barrels or other similar items in an unsafe manner
in or about Lessee's premises shall not be permitted.
Section 4.06 - Taxes and Licenses.
Lessee shall pay all taxes of whatever character that may be law-
fully levied or charged upon Lessee's Leasehold improvements or
operations hereunder and upon Lessee's rights to use the Leased
Premises. Lessee shall obtain and pay for all licenses or permits
necessary or required by law for the construction of any additional
improvements, the installation of equipment and furnishings, and
any other licenses necessary for the conduct of its air transpor-
tation services. City shall assist Lessee where necessary in ob-
taining said permits.
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Section 4.07 - Rules and Regulations.
In conducting its operations hereunder, Lessee shall comply with
all applicable laws of the United States of America and the State
of Texas; the rules and regulations promulgated by their authority
with reference to aviation and air navigation; and all reasonable
and applicable rules, regulations and ordinances of City now in
force or hereafter prescribed or promulgated by authority or by
law.
ARTICLE V
TERM
Section 5.01 - Term.
The term of this Lease shall be for a period of sixteen (16) years
commencing on the day of , 19_, or
date of beneficial occupancy subject, however, to earlier termi-
nation as hereinafter provided under Article XI and Sections 6.07
and 10.03, and to the renegotiation of the Maintenance and Operation
portion of the rentals and fees hereinafter provided ninety (90)
days prior to the third anniversary year of this Lease. In the
event that no written demand for renegotiation is made by either
party at least ninety (90) days prior to the third anniversary
year, the rentals and fees then current shall apply for the
succeeding three-year period..
ARTICLE VI
RENTALS AND FEES
Section 6.01 - Rental for Exclusive Terminal Building Space.
Rental for the leased premises in the terminal building as de-
scribed in Section 1.01, shall be as follows:
Exclusive Area:
144 Sq. Ft. of exclusive leased space at the rate of $8.25
per sq. ft. per year or $1,188.00 per year. The aforesaid rental
rate of $8.25 is broken down as follows: $5.63 fixed fee to cover
debt service and $2.62 for maintenance and operation. The $2.62
Maintenance and Operation portion is subject to adjustment every
three years to reflect actual cost, however, in no event shall it
exceed the CPI changes for the same three year period.
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Lessee shall, within six (6) months of date of execution of
this lease, complete arrangements to provide a permanent ticket
counter and other agreed upon office and operational facilities.
Section 6.02 - Landing Fee.
The fee for the use of the landing area and facilities necessary
therefor as granted hereunder, except those for which rentals are
specifically provided elsewhere herein, shall be as follows:
25 cents effective October 1, 1976
30 cents effective October 1, 1979
32.5 cents effective October 1, 1981
35 cents effective October 1, 1983
40 cents effective October 1, 1986
45 cents effective October 1, 1989
50 cents effective October 1, 1992
per 1,000 pounds of the approved maximum gross landing
weight of each actual flight operated. Five hundred (500) pounds
or any larger part of one thousand (1,000) pounds shall be counted
as a whole one thousand (1,000) pounds and anv smaller part shall
be disregarded.
Lessee shall file with the City, acting by and through its
Director of Aviation, not later than the fifth day of each month,
lessee's actual landings at the airport for the preceding month,
which shall include the number and type of aircraft making such
landings.
The term "approved maximum gross landing weight" for any air-
craft, as used herein, shall be the maximum landing weight ap-
proved by the Federal Aviation Administration for landing such
aircraft at the airport. Lessee shall provide the City such
"approved maximum gross landing weights" for each type of aircraft
it operates at the airport.
Section 6.03 - Rental for Common Use Area.
(A) Common Bag Claim Area
The bag claim area comprises a total of approximately
8,316 sq. ft., as shown on Exhibit B attached hereto
and by the reference made a part hereof and the air
carriers have jointly agreed to accept responsibility
for payment of rent on the bag claim area. Rent shall
be charged jointly to all certificated passenger air
transportation companies which now or may hereafter
have valid leases at the Airport at the rate of $8.25
per sq. ft. per year or $68,607,00 per year.
Lessee, in conjunction with other certificated
passenger air transportation companies which now or
may hereafter have valid leases at the airport, shall
provide City in writing a schedule of the pro rata rental
due by each Lessee hereunder and Lessee agrees to pay
its stated pro rata amount monthly. Such pro rata
agreement will become a part of this lease and will be
attached hereto. The pro rata schedule so furnished
to City shall remain in effect until such time as City
is provided a revised schedule of the pro rata rental
amounts executed by all said Lessees which revised
schedule shall remain in effect until similarly modified.
The aforesaid rental rate of $8.25 is broken down
as follows: $5.63 fixed fee to cover debt service and
$2.62 for maintenance and operation. The $2.62 Main-
tenance and Operation portion is subject to adjustment
every three years to reflect actual cost, however, in
no event should it exceed the CPI changes for the same
three year period.
(B) Common Boarding Lounge Area
The common boarding lounge area comprises a total of
approximately 27,284 sq. ft. as shown on Exhibit B
attached hereto and by this reference made a part here-
of shall be charged jointly to all certificated passenger
air transportation companies which now or may hereafter
have valid leases at the airport at the rate of $2.62
per sq. ft. per year or $71,484.08 per year.
Lessee, in conjunction with other certificated
passenger air transportation companies which now or
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may hereafter have valid leases at the Airport, shall
provide City in writing a schedule of the pro rata rental
due by each Lessee hereunder and Lessee agrees to pay
its stated pro rata amount monthly. Such pro rata agree-
ment shall become a part of this lease and will be at-
tached hereto. The pro rata schedule so furnished to
City shall remain in effect until such time as City is
provided a revised schedule of the pro rata rental amounts
executed by all said Lessees, which revised schedule shall
remain in effect until similarly modified.
The aforesaid rental rate of $2.62 covers the main-
tenance and operation and is subject to adjustment every
three years to reflect actual cost, however, in no event
shall it exceed the CPI changes for the same three year
period.
Section 6.04 - Rental for Public Address System.
Lessee shall pay a rental rate of $5.00 per month per microphone
connection located in the exclusive leased area or common lease
area. The rental rate per month will be adjusted when required
to reflect the charges imposed on the City to provide this service.
The microphone located in the common leased area will be
provided for use in conjunction with other certificated passenger
air transportation companies which now or may hereafter have valid
leases at the Airport. These companies shall provide City in
writing a schedule of the pro rata rental due by each Lessee here-
under and Lessee agrees to pay its stated pro rata amount monthly.
Such pro rata agreement shall become a part of this lease and will
be attached hereto. The pro rata schedule so furnished to City
shall remain in effect until such time as City is provided a re-
vised schedule of the pro rata rental amounts executed by all said
Lessees which revised schedule shall remain in effect until
similarly modified.
Section 6.05 - Aircraft Storage.
City shall have the right to designate apron parking areas for
the storage of Lessee's aircraft.
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Section 6.06 - Time of Payment.
Lessee agrees to pay City the rentals and fees due hereunder at
such place as City may from time to time designate. All rentals
and fees shall be payable in monthly installments covering the
preceding calendar month of operation.
In the event that the commencement or termination of this
Lease falls on any date other than the first or last day of a
calendar month, the applicable rentals, fees and charges (except
landing fees) for that month shall be paid on a pro rata basis
according to the number of days during which said particular pre-
mises, facilities, rights, licenses, services and privileges were
enjoyed.
City shall, after the end of each calendar month, transmit
to Lessee a statement of the rentals, fees and charges incurred
by Lessee during said month as hereinabove provided. Payment shall
be made by Lessee within thirty (30) days after receipt of such
statement.
Section 6.07 - Default for Failure to Pay Rentals, Fees
and Charges.
It is expressly agreed that time of payment of the rentals and
fees hereinabove provided is of the essence in this entire Lease.
Therefore, if Lessee fails to pay any rentals, charges and fees
due hereunder within thirty (30) days after City transmits a
statement therefor to Lessee, City may, at its option, upon fifteen
(15) days written notice to Lessee (unless in such fifteen -day
period Lessee shall have corrected such failure to pay) immediately
or at any time thereafter, enter into and upon the Leased Premises,
or any part thereof in the name of the whole, and repossess said
premises. In said event, City may expel Lessee and those claiming
by, through or under it and remove its effects forcibly, if nec-
essary, without being deemed guilty of trespass and without pre-
judice to any remedy which otherwise might be used for arrears
of rent or preceding breach of covenant. Upon such re-entry this
Lease shall terminate.
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READJUSTMENT OF RENTALS, FEES, AND OTHER CHARGES
Section 7.01 - Basis for Readjusting Charges.
Three (3) calendar years after the effective date of this lease,
charges for the use of any one or all of the premises and faci-
lities leased hereunder for the succeeding three-year period shall
be subject to renegotiation upon written notice by either party
hereto ninety (90) days prior to the beginning of the next three-
year period. Either party giving notice shall, at the time, fur-
nish the other party with a reasonably detailed statement sup-
porting the proposed adjustment.
The following factors, among others, shall be considered in
determining adjustment of rental, fees and other charges:
(A) The actual costs of providing the buildings or facility
during the preceding three-year rental period, and the
actual revenue derived therefrom during said period.
For this purpose, any and all revenue, including con-
cession revenue applicable to said buildings and fac-
ility, shall be included.
(B) City's estimated costs for the succeeding three-year
period of providing the buildings or facility. Such
estimate shall take into account:
(1) The actual costs as shown by City's books.
(2) The necessary increased costs resulting from:
(a) Technical advances requiring additional ex-
penditures by City.
(b) Expenditures incurred by City pursuant to
orders or requirements of governmental authority.
(c) Additional expenditures of City required for
for the prudent operation of the buildings
or facility.
(3) Extraordinary expenditures for maintenance and re-
newals and replacements. Such expenditures shall
be equalized over a reasonable period of succeeding
years.
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(C) Buildings and facilities, the charges for the use of
which are made the basis for the adjustment pursuant
to this Article VII shall be the following:
(1) Passenger terminal building means the building
proper, including vehicular parking space and road-
ways in connection therewith. There shall be in-
cluded all concessions operated in or in conjunction
with the passenger termi^al building, such as, but
not limited to, restaurant, cocktail lounge, baggage,
newstands, ground transportation of passengers,
automobile parking, and all other building and area
concessions and operations in the passenger terminal
area.
(2) Aircraft storage shall mean the areas, other than
hangars, designated by City for storage of aircraft.
(3) Any other buildings, appurtenances, facilities or
services, requested by Lessee or City and not
covered by separate agreement.
(D) In the event a governmental order or requirement results
in increased costs, Lessee shall be advised and shall
have an opportunity to oppose same, if it desires.
(E) The depreciation of the City's investment and/or the
annual debt service requirements on all bonds issued
and outstanding at the time of the adjustment.
(F) In allocating costs and revenues to the various faci-
lities as hereinabove defined, City will observe sound
accounting principles and shall include interest charges
which are no greater than the maximum of those paid by
the City on bond issues or other loans for Airport
purposes.
Section 7.02 - Costs Excluded.
Costs of facilities and improvements paid for by Federal or State
gifts or grants-in-aid, and depreciation, amortization and interest
charges thereon, shall not be included in the cost factors herein.
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ARTICLE VIII
RIGHTS AND PRIVILEGES RESERVED BY CITY
Section 8.01 - Right to Charge Use Fees to Others.
Nothing in this Lease shall be deemed to restrict in any manner
City's right to charge any person, partnership, firm, association
or corporation fees and rentals for the use of City's property or
any improvements thereon where such use of said property or im-
provements is of a regular or permanent nature, as distinguished
from a temporary or transitory nature, or where such use is such
a nature as to constitute the performance of a commercial business
at the Airport. In addition, City shall have the right to charge
persons, partnerships, firms, associations or corporations a fee
no less than that set forth in mutual assistance ground services
agreement approved by CAB, and as revised from time to time.
This fee shall be applicable to, but not limited to, fees for ramp
use, jetway use, gate use, training flights and aircraft storage,
and landing fees which shall never be less than 125% of the landing
fee charged Lessee as set out in Section 6.02 hereof.
Section 8.02 - Right to Improve and Protect the Airport.
In addition to any other rights herein retained by it, City speci-
fically reserves the following privileges:
(A) The right to further develop or improve the landing
area and other portions of the Airport as it deems
necessary, regardless of the desires or views of Lessee
and without interference or hindrance therefrom. If
feasible, such improvements shall be made in a manner
which will cause Lessee as little inconvenience as
possible.
(B) 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 the Airport which, in the opinion
of City, would limit the usefulness of the Airport or
constitute a hazard to aircraft.
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A
(C) The right during the time of war or national emergency
to lease the Airport or any part thereof to the United
States Government for military use. In the event any
such lease is executed, the privileges of this instru-
ment insofar as they are inconsistent with the privileges
of the Lease to the government shall be suspended.
A T M 7T y C T V
INDEMNIFICATION, INSURANCE AND BONDS
Section 9.01 - Indemnification, Etc.
The parties agree that Lessee is and shall always be deemed to
be an independent contractor and operator and not an agent or
employee of City with respect to its acts or omissions hereunder.
Lessee shall indemnify fully and save harmless City, its
officers, agents and employees from any and all claims and actions
and any and all expenses incidental to the investigation and de-
fense thereof, based upon or arising out of damages or injuries
to third persons or their property, caused by the fault or negligence
of Lessee, its agents or employees in the use or occupancy of the
premises and privileges hereunder. Provided, however, that the
City shall indemnify fully and save harmless Lessee, its officers,
agents, and employees from any and all claims and actions and any
and all expenses incidental to the investigation in defense there-
of based upon or rising out of damages or injuries to third persons
or their property caused by the fault or negligence of the City,
its agents and employees, or rising out of or as a result of the
condition of any of the publicly used premises in or about said
airport. City shall give to Lessee prompt and reasonable notice
of any claims or actions against it and failure to so notify
Lessee shall relieve Lessee of its obligations to indemnify the
City therefor. Lessee shall have the rights to investigate, com-
promise and defend any such claims or actions to the extent of
its own interest.
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Section 9.02 - Insurance.
Lessee shall procure and keep in effect at all times during the
term of the Lease, the forms of insurance set forth in this
Section 9.02. All policies or certificates shall contain a pro-
vision that written notice of cancellation or of any material
change in said policy by the Insurer shall be delivered to City
thirty (30) days in advance of the effective date thereof. All
policies shall contain an agreement on the part of the respective
insurers, waiving the right of such insurers to subrogation.
Lessee shall maintain all insurance hereunder with insurance
underwriters authorized to do business in the State of Texas
satisfactory to City. All policies shall name City, its officers,
servants, agents, and employees as additional insureds. Lessee
shall furnish City with certificates from the insurance carrier
showing all insurance required hereunder to be in full force and
effect during the entire term of this Lease or shall deposit with
City certified copies of said policies.
(A) Fire Insurance - Lessee shall insure for fire and ex-
tended coverage risks all Lessee's improvements on the
Leased Premises. Such insurance shall be in an amount
equal to the full insurable replacement value of such
improvements.
All fire insurance policies shall contain loss payable
endorsements in favor of the parties as their respective
interests may appear hereunder. City agrees that any
payments received from such insuring companies by reason
of loss under such policy or policies shall be applied
toward repair and reconstruction of said Leasehold im-
provements.
(B) Public Liability and Property Damage Insurance -
Promptly after the execution of this Lease, Lessee shall
provide comprehensive general liability insurance in
protection of City, its officers, agents, and employees.
Lessee shall provide public liability insurance for
personal injuries or death growing out of any one
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accident or event in a minimum sum of One Hundred Thou-
sand Dollars ($100,000.00) for one person and Two Mil-
lion Dollars ($2,000,000.00) for any one accident, and
in addition, shall provide property damage liability
insurance in a minimum sum of Two Hundred Fifty Thou-
sand Dollars ($250,000.00) for property damage growing
out of any one accident or event. Insurance coverages
required of Lessee shall be subject to adjustment from
time to time to comply with any changes in minimum re-
quirements determined necessary by City.
ARTICLE X
DAMAGE OR DESTRUCTION OF LEASED PREMISES
Section 10.01 - Partial Damage.
If the Leased Premises are partially damaged by fire, explosion,
the elements, the public enemy, or other casualty, but not ren-
dered untenantable, the same will be repaired with due diligence
by City at its own cost and expense; provided, however, that if
the damage is caused by an act or omission of Lessee, its sub-
lessees, agents, or employees, Lessee shall be responsible for
repairing with due diligence said Premises and shall pay the cost
therefor.
Section 10.02 - Extensive Damage.
If the damage shall be so extensive as to render the Leased Pre-
mises untenantable, but capable of being repaired in thirty (30)
days, the same shall be repaired with due diligence by City at
its own cost and expense, and the rent payable herein with re-
spect to Lessee's exclusive space shall be paid proportionately
to the time of such damage and thereafter cease until such time
as the Premises are fully restored, provided, however, that if
the damage is caused by an act or omission of Lessee, its sub-
lessees, agents or employees, Lessee shall be responsible for
repairing said Premises and shall pay the costs therefor. During
any such period where Lessee repairs said Premises under the
terms of this paragraph, the usual rental shall be payable.
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f
The abatement of rental for the Leased Premises, as afore-
said, shall not be construed as a waiver of other fees due and
payable under the terms of Article VI.
Section 10.03 - Complete Destruction.
In the event the Leased Premises are completely destroyed by fire,
explosion, the elements, the public enemy or other casualty, or
so damaged that they will remain untenantable for more than thirty
(30) days, City shall be under no obligation to repair and recon-
struct said Premises, and rent payable hereunder shall be paid
proportionately to the time of such damage or destruction and
shall thenceforth cease until such time as the Premises are fully
restored. If within twelve (12) months after the time of such
damage or destruction said Premises shall not have been repaired
or reconstructed, or other reasonable facilities provided in lieu
thereof, Lessee may give City written notice of its intention to
cancel this Lease in its entirety or to cancel as of the date of
such damage or destruction such part of this Lease as related to
the Leased Premises.
Notwithstanding the foregoing, if the leased premises and
adjoining premises are completely destroyed as a result of an act
or omission by Lessee, City may, in its discretion, require Lessee
to repair and reconstruct the leased premises and adjoining pre-
mises and pay the costs therefor. During any such period where
Lessee repairs said Premises under the terms of this Paragraph,
the usual rental shall be payable.
Section 10.04 - Right to Recover Damages.
Nothing in this Lease shall be construed as a waiver of the right
of either City of Lessee to recover damages from the other arising
out of the fault or negligence of the other.
Section 10.05 - Limit of City's Obligations Defined.
It is understood that, in the application of the foregoing Section
10.01, 10.02 and 10.03, City's obligations shall be limited to
repair or reconstruction of the terminal building to the same
extent and of equal quality as obtained at the commencement of
the operations hereunder. Redecoration and replacement of furn-
iture, equipment, and supplies shall be the responsibility of
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Lessee and any such redecoration and refurnishing/re-equipping
shall be of equivalent quality to that originally installed here-
under within Lessee's exclusive area.
TERMINATION OF LEASE
CANCELLATION, ASSIGNMENT AND TRANSFER
Section 11.01 - Termination
This Lease shall terminate at the end of the full term hereof,
and Lessee shall have no further right or interest in the Leased
Premises, except as provided in Article XII.
Section 11.02 - Cancellation by Lessee.
This Lease shall be subject to cancellation by Lessee after the
happening of one or more of the following events:
(A) The permanent abandonment of the Airport as an airline
terminal or the permanent removal of scheduled airline
service from the Airport.
(B) The lawful assumption by the United States Government,
or any authorized agency thereof, of the operation,
control or use of the Airport, or any 'substantial part
or parts thereof, in such manner as substantially to
restrict Lessee for a period of at least ninety (90)
days from operating thereon for the carrying of pass-
engers, cargo, and property.
(C) Issuance by any court of competent jurisdiction of an
injunction in any way preventing or restraining the use
of the Airport or any part thereof for Airport purposes,
and the remaining in force of such injunction for a
period of at least ninety days.
(D) The suspension, or substantial modification, for a period
of ninety (90) days or the revocation of the operating
authority of the Lessee to serve the Lubbock area
through the Airport by final order of the Civil Aero-
nautics Board or other governmental agency, Federal or
State, having jurisdiction over Lessee.
-25-
(E) Any failure or refusal by the Federal Aviation Adminis-
tration to prevent Lessee to operate into, from or
through said airport such aircraft as Lessee may reason-
ably desire to operate.
(F) The default by City in the performance of any covenant
or agreement herein required to be performed by City
and the failure of City to remedy such default for a
period of ninety (90) days after receipt from Lessee
of written notice to remedy the same; provided, how-
ever, that no notice of cancellation following the
ninety (90) day period above shall be of any force or
effect if City shall have remedied the default prior to
the receipt of the Lessee's notice of cancellation.
Lessee may exercise such right of termination by giving City
sixty (60) days advance written notice at any time after the lapse
of the applicable periods of time and this lease shall terminate
as of the sixtieth (60th) day. Rental due hereunder shall be
payable only to the date of said termination.
Lessee's performance of all or any part of this Lease for
or during any period(s) after a default by City of any of the
terms, covenants, and conditions herein contained to be kept by
City shall not be deemed a waiver of any right on the part of
Lessee to cancel this Lease for any subsequent failure by City so
to perform, keep or observe any of the terms, covenants, or
conditions hereof.
Section 11.03 - Cancellation by City.
This Lease shall be subject to cancellation by City upon the
happening of any one of the following events:
(A) The filing by Lessee of a voluntary petition in bank-
ruptcy.
(B) The institution of bankruptcy proceedings against Lessee
and the adjudication of Lessee as a bankrupt pursuant
to such proceedings.
(C) The taking by a court of competent jurisdiction of Lessee
and its assets pursuant to proceedings brought under
the provisions of any federal reorganization act.
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(D) The appointment of a receiver of Lessee's assets.
(E) The divestiture of Lessee's estate herein by other
operation of law.
(F) The abandonment by Lessee of its conduct of air trans-
portation at the Airport for a period of ninety (90)
days.
(G) The default by Lessee in the performance of any covenant
or agreement herein required to be performed by Lessee
(except rental payments for which provision is made in
Section 6.07) and the failure of Lessee to remedy such
default for a period of sixty (60) days after receipt
of written notice by City to remedy same.
(H) The lawful assumption by the United States Government
F
or any authorized agency thereof of the operation con-
trol or use of the Airport and facilities, or any sub-
stantial part or parts thereof, in such manner as sub-
stantially to restrict Lessee, for a period of at least
ninety (90) days, from operating thereon for the carry-
ing of passengers, cargo, and property.
(I) In addition to the foregoing, all rights, privileges or
interests acquired hereunder by Lessee may, at the option
of City and following written notice of thirty (30)
days, be suspended or finally terminated if such sus-
pension or termination is found by City, acting in good
faith, to be necessary to secure federal financial aid
for the development of the Airport or for the develop-
ment or promotion of aeronautical operation thereon.
In any of the aforesaid events, City may take immediate pos-
session of the Leased Premises and remove Lessee's effects. Upon
said entry, this Lease shall terminate. Any rental due hereunder
shall be payable to said date of termination.
It is agreed that failure to declare this Lease terminated
upon the default of Lessee for any of the reasons set forth above
or Section 6.07 shall not operate to bar or destroy the right of
-27-
City to declare this Lease null and void by reason of any sub-
sequent violation of the terms of this Lease.
Section 11.04 - Assignment and Subletting.
Lessee shall not sell, assign, or transfer this Lease or any part
thereof and shall not sublease all or any portion of the Leased
Premises without the prior written consent of City; provided,
however, that Lessee may assign this Lease to any corporation with
which Lessee may merge or consolidate or which may succeed to the
air transportation business of Lessee.
ARTICLE XII
PROPERTY RIGHTS UPON TERMINATION
Section 12.01 - Lessee's Right of Removal.
Upon termination of this Lease for any reason, Lessee shall have
the right for a period of sixty (60) days after the date of ter-
mination, to remove any or all of its property from the Airport;
provided, however, that Lessee shall not be in default in its
payments to City hereunder and provided that Lessee shall restore
said premises to their original condition as of the beginning of
occupancy, ordinary wear and tear, damage by the elements, fire,
explosion or other causes beyong control of Lessee excepted.
Section 12.02 - City's Rights at Termination.
Title to any and all property not removed by Lessee prior to the
expiration of .the aforesaid sixty-day period shall vest in City;
provided, however, that City reserves the right to require Lessee
to remove such improvements and property, the cost of which shall
be borne by Lessee in the event City removes same on failure
of Lessee to perform its obligation hereunder.
City also reserves the right to charge reasonable rental
for the sixty-day period of continued occupancy by Lessee; pro-
vided, however, that no charge shall be made to Lessee if Lessee
shall remove its property from the Leased Premises within the
first thirty (30) days of said sixty-day period.
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GENERAL PROVISIONS
Section 13.01 - Arbitration.
In any event and notwithstanding any provisions made in this Lease,
the parties agree to submit to arbitration any question or dis-
pute, except non-payment of rentals, arising between said parties
with respect to the interpretation of any term, condition or
covenant herein contained or with respect to any matter of com-
pliance or noncompliance with the terms hereof. City and Lessee
shall each select one arbitrator and the two so chosen shall then
select a competent and disinterested third arbitrator; and the
arbitrators together shall then consider the question(s) or dis-
pute(s) submitted to them in writing by the parties hereto. The
decision in writing of any two shall determine the particular
question or dispute under consideration. The parties hereto
shall bear equally the expense of said arbitration.
Section 13.02 - Non Discrimination.
The Lessee, its agents and employees will not discriminate against
any person or class of persons by reason of age, sex, race, color,
creed or national origin in providing any services or in the use
of any of its facilities provided for the public. The Lessee
further agrees to comply with such enforcement procedures as the
United States might demand that the City take in order to comply
with the Sponsor's Assurances.
Lessee agrees to not discriminate against any employee or
applicant for employment because of race, creed, color, age,
sex 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, age, sex 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.
Section 13.03 - Rules and Regulations.
City shall have the right to and shall adopt from time to time
and enforce reasonable rules and regulations, which Lessee agrees
-29-
to observe and obey, with respect to the use of the Airport, public
terminal building and appurtenances; provided that such rules and
regulations shall not be inconsistent with safety and with rules,
regulations, and orders of the Federal Aviation Administration
with respect to aircraft operations at the Airport, and with the
procedures prescribed or approved from time to time by the Federal
Aviation Administration with respect to the operation of Lessee's
aircraft at the Airport.
Section 13.04 - Interpretation of Lease.
Nothing in this Lease shall be construed or interpreted in any
manner whatsoever as limiting, relinquishing, or waiving of any
rights or ownership enjoyed by City in the Airport property, or
in any manner waiving or limiting its control over the operation
and maintenance of Airport property or in derogation of such govern-
mental rights as City possesses, except as is specifically provided
for herein.
Section 13.05 - Conformity of Lease.
In the event that City shall enter into a Lease, contract or
agreement for use of the Airport with any other certificated
passenger air transportation company having aircraft of substan-
tially similar size as that operated by Lessee and said Lease,
contract or agreement contains more favorable terms, rights, or
privileges than this Lease, then the same shall be concurrently
and automatically made available to Lessee, at its option.
Section 13.06 - Invalid Provisions.
In the event any covenant, condition or provision herein contained
is held to be invalid by any court of competent jurisdiction, the
invalidity of any such covenant, condition or provision shall in
no way affect any other covenant, condition or provision herein
contained; provided that the invaliditv of such covenant, condition
or provision does not materially prejudice either City or Lessee
in its respective rights and obligations contained in the valid
covenants, conditions or provisions of this Lease.
-30-
Section 13.07 - Sponsor's Assurances,
This Lease shall be subject to the terms of the City's Sponsor's
Assurances Agreement as amended. City represents that none of
the provisions of this Lease violates any of the provisions of
said Sponsor's Assurances, as amended.
Section 13.08 - Consent Not to be Unreasonably Withheld.
Whenever consent is required hereunder by either City or Lessee,
such consent is not to be unreasonably withheld or to be delayed
for an unreasonable period of time.
Section 13.09 - Redelivery of Premises.
Lessee shall, upon termination of this Lease, quit and deliver
up the Leased Premises to City peaceably, quietly and in as good
order and condition as the same now are or may hereafter be im-
proved by Lessee or City, reasonable use and wear thereof excepted.
Section 13.10 - Holding Over.
In the event Lessee remains in possession of the Leased Premises
after the expiration of this Lease without any written renewal
thereof, such holding over shall not be deemed as a renewal or
extension of this Lease, but shall create only a tenancy from
day to day which may be terminated at any time by City.
Section 13.11 - Federal Aviation Administration.
Whenever the term "Federal Aviation Administration" is used in
this Lease it shall. mean the Federal Aviation Administration
created by the Federal Government under the Federal Aviation Act
of 1958, or to such other Federal Government authority as may
be the successor thereto or be vested with the same or similar
authority.
Section 13.12 - Inspection.
City through its authorized agent shall have the right at all
reasonable times to enter upon the Leased Premises to inspect
said Premises, to observe the performance by Lessee of its obli-
gations hereunder, and to do any act which City may be obligated
or have the right to do under this Lease.
-31-
Section 13.13 - Non Exclusive.
It is hereby agreed that nothing herein contained shall be con-
strued to grant or authorize the granting of an exclusive right
prohibited by Section 308 of the Federal Aviation Act of 1958,
as amended, and City reserves the right to grant to others the
nrivileae and right of conducting any one or all of the aeronau-
tical activities listed herein, or any other activity of an aero-
nautical nature.
Section 13.14 - Lease Made in Texas.
This Lease has been made in and shall be construed in accordance
with the laws of the State of Texas.
Section 13.15 - Successors.
This Lease shall bind and inure to the benefit of any successor
of City and any successor, assignee or sublessee of Lessee.
Section 13.16 - Headings.
The article and section headings contained herein are for conven-
ience in reference and are not intended to define or limit the
scope of any provision of this Lease.
Section 13.17 - Time of Essence.
Time is of the essence of this Lease.
Section 13.18 - Notices.
Notices to City provided for herein shall be sufficient if sent by
registered mail, postage paid, addressed to: Lubbock International
Airport, Route 3, Box 389, Lubbock, Texas 79401 and notices to
Lessee, if sent by registered mail, postage prepaid, addressed
to: President, Air Midwest, Hangar 20-West, Wichita Mid -Continent
Airport, Wichita, Kansas, or to such other addresses as the parties
may designate to each other in writing from time to time.
-32-
IN WITNESS WHEREOF, the Parties have hereunto set their
C_
hands this o5day of 196d
� .
ATTEST:
Eve yn Ga ga-=
� ty\_Sed5prtary-Treas er
APPROVED --AS TO FORM:
Assistant City Attorney
Date / - I le - 'p"6
ATTEST:
La nce Asst. Secretary
APPROVED:
S
J. Beilkarf, General Counsel
CITY OF LUBBOCK, TEXAS
.1 WTI
WEST, MAYOR
Date ,3-_-2 7-&
APPROVED AS TO CONTENT:
1_•
Marvin uorree
Director of Aviation
Date 3
LESSEE
President
Title
Date January 24, 1980
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