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HomeMy WebLinkAboutResolution - 3743 - Lease Agreement - S E Cone Jr - Northernmost Hanger, East Ramp, Lia - 10/22/1991Resolution No. 3743 October 22, 1991 Item #18 1 LLC:js 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 Lease Agreement with S. E. Cone, Jr. for rental of the Northernmost hangar on the East ramp of Lubbock International Airport, attached hereto and incorporated in this Resolution as if fully set forth herein and included in the minutes of the Council. Passed by the City Council this 22nd day of October , 1991. e McMINN, MAYOR V i�l ATTEST: Kanettle uoyd, city 5ecretarry i j APPROVED AS TO CONTENT: I ern ase, Director of Aviation APPROVED AS TO FORM: le aro ar ssistan City Attorney HW : j s LEASE AGREEMENT Resolution No. 3743 October 22, 1991 Item #18 THIS LEASE AGREEMENT, made this 3_ day of _ 06,t 1991, by and between the City of Lubbock, Texas, acting by and through its Mayor, hereunto duly authorized (and hereinafter re- ferred to as "Lessor") and S. E. Cone, Jr., acting on his own behalf, (and hereinafter referred to as "Lessee"). WITNESSETH WHEREAS, Lessor owns and operates the Lubbock International Airport, located in Lubbock County, Texas, (hereinafter referred to as the "Airport"); and WHEREAS, Lessor deems it advantageous to itself and to its operation of the Airport to lease unto Lessee the hangar and premises described herein, together with certain privileges, rights, uses and interests therein, as hereinafter set forth; and WHEREAS, Lessee intends to utilize the hangar and premises herein leased for the purpose of operating an air charter service and such other purposes as herein enumerated; and WHEREAS, Lessee has indicated a willingness and an ability to properly keep, maintain and improve said hangar and premises in accordance with standards established by Lessor; NOW THEREFORE: For and in consideration of the terms, conditions and covenants of this Lease to be performed by Lessee, all of which Lessee accepts, Lessor does hereby lease unto Lessee the Northern- most hangar on the East ramp of Lubbock International Airport together with adjacent land area (hereinafter called "Leased Premises"), and certain attendant privileges, uses and rights, as hereinafter specifically set forth. The location of said Leased Premises are depicted on Exhibit A attached hereto and by this reference made a part hereof. ARTICLE I PURPOSES AND PRIVILEGES The purposes for which Lessee may use the Leased Premises are as follows: 1. Lessee may use the Leased Premises for an air charter service. 2. Lessee may engage in the business of aeronautics, engine and aircraft repairs, modifications, sales and renting of aircraft, sales of aircraft engine parts and accessories, inspections, licensing, fabrication of aircraft compo- nents, flight instruction, storage of aircraft and equip- ment, airplane charter flights and local short flights. 3. Lessee may give flying instructions, provide pilots for aircraft 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 gov- ernmental agencies. 4. Lessee shall have a nonexclusive right to sell aviation fuel, oil and other propellants or lubricants to the general public at said Airport. 5. Lessee's right to conduct business within the executive terminal at the Lubbock International Airport shall be nonexclusive. 6. Lessee, at his own expense, shall be responsible for securing all permits, clearances, rights-of-way and other matters necessary to conduct business in a lawful manner. 7. Lessee agrees to maintain the Leased Premises, at Lessee's sole cost and expense, in a clean presentable condition consistent with good business practice. - 2 - 8. Any property installed or added by Lessee which becomes permanently attached to the Leased Premises shall become the property of Lessor upon termination of this Lease Agreement. 9. Lessee will erect no signs and will distribute no adver- tising at the Airport without the prior written consent of the Director of Aviation. However, such prior written consent shall not be required for advertising placed by Lessee with any other party having the right to sell, rent or offer Airport terminal advertising space. 10. All of Lessee's business operations and solicitations will be confined to the Leased Premises or such other premises at the Airport that have been leased to Lessee. 11. The Lessee shall not bind or attempt to bind the Lessor for payment of any money in connection with installa- tions, alterations, additions, or repairs to the Leased Premises or any of Lessee's equipment or facilities located thereon and shall not permit any mechanic's, materialman's or contractor's liens to arise against the Leased Premises or any improvements, equipment, machinery or fixtures thereon belonging to the Lessor, and Lessee expressly agrees that he will keep and save the Leased Premises and Lessor harmless from all costs and damages resulting from any lien or liens of any character created or that may be asserted through any act or thing done by Lessee. 12. In the event any mechanic's or other liens or orders for payment shall be filed against the Leased Premises or improvements thereon, or the property of Lessor located thereon, during the term of this Lease Agreement, Lessee shall within ten (10) days cause the same to be cancelled and discharged of record by bond or otherwise, at the election and expense of Lessee, and shall also defend on - 3 - behalf of Lessor, at Lessee's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such liens or orders. 13. Lessee agrees to control all access to the air operations area (AOA) through the Leased Premises and through gates assigned to or controlled by Lessee so as to prevent unauthorized entry to the airfield by persons, animals or vehicles. In the event that unauthorized access to the AOA is gained through the Leased Premises or any area which Lessee controls or is obligated to control, any fines or penalties assessed by the Federal Aviation Administration shall be the responsibility of the Lessee and Lessee hereby agrees to pay all such fines or penal- ties without delay and make any and all requested changes in his operations or facilities necessary to maintain Airport security and prevent reoccurrence of any unautho- rized entry. 14. Failure of the Lessee to comply with any requirement of these paragraphs 12, 13 or 14 shall be cause for immedi- ate termination of this Lease Agreement by Lessor. 15. Lessor shall assume no responsibility as to the condition of the Leased Premises and shall not any assume responsi- bility for maintenance, upkeep or repair necessary to keep the Leased Premises in a safe and serviceable condition. ARTICLE II TERM A. The term of this Agreement shall commence on the 1st day of October, 1991, and end on the 30th day of September, 1994, sub- ject, however, to earlier termination as hereinafter provided under Article VI. - 4 - B. The parties hereto mutually agree that during the term of this Lease Agreement, the rental rate will be adjusted upward or downward for each ensuing year beginning in January 1992, in direct proportion to the fluctuation in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index. For the purpose of computing all adjustments, the Bureau of Labor Statistics Con- sumer Price Index as of January 1991, shall be construed as the base period. C. In the event the rights and privileges hereunder are sus- pended by reason of war or other national emergency, the term of this Lease shall be extended by the amount of the period of such suspension. ARTICLE III RENTAL AND FEES In consideration of the rights and privileges herein granted, Lessee shall pay to the Lessor the following rentals and fees: A. A fuel flowage fee of four cents (44:) per gallon for each gallon of aviation fuel delivered to Lessee or his agents at Lubbock International Airport, excluding that sold or delivered by Lessee to a regularly certified airline under contract with Lessor as a part of the pecuniary consideration therefor. Lessor shall be entitled to col- lect, and Lessee agrees to pay, a fuel flowage fee, as determined by Lessor from time to time, for each gallon of aviation fuel delivered for Lessee's consumption on said Airport, excepting that portion which is specifi- cally excluded, unless said flowage fees are paid by the supplier on behalf of Lessee. The aforesaid flowage fee, if not paid by the supplier, shall be due on the first (1st) day of the month succeeding that in which the aircraft fuels and lubricants are received by Lessee, and shall be delinquent if unpaid before the fifteenth (15) - 5 - day of such 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 re- duced by an amount not to exceed two (2%) per centum in computing charges as a maximum loss allowance from any and all causes. B. Hangar and ground rental in the amount of SIX THOUSAND TWELVE AND NO/100 DOLLARS ($6,012.00) per year, which rental shall be payable in advance on the first (1st) day of each month in the amount of FIVE HUNDRED ONE AND N0/100 DOLLARS ($501.00) per month. ARTICLE IV OBLIGATIONS AND RIGHTS OF LESSEE A. ASSIGNMENT, TRANSFER, PLEDGE Lessee shall not at any time assign, transfer, pledge or otherwise alienate this Agreement or any interest herein without the prior written consent of the Director of Aviation of Lessor. B. SUBLEASING Lessee shall not sublease all or any part of the Leased Premises without the specific written approval of the Director of Aviation of Lessor, such approval not to be unreasonably withheld. C. TAXES AND ASSESSMENTS Lessee agrees to pay promptly when,due all taxes and assess- ments levied on the Leased Premises and any other taxes and assessments in connection with his business which may be levied, and will promptly pay when due all charges for water, electricity and any other utilities used in connection with his operations at the Airport. M -MC D. NONDISCRIMINATION Lessee, his heirs and assigns, as part of the consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained or otherwise operated on the Leased Premises for a purpose for which a Department of Transportation program or activity is extended, or for another purpose involving the provision of similar services or benefits, Lessee shall main- tain and operate such facilities and services in compliance with all requirements imposed pursuant to 49 CFR Part 21, Nondiscrim- ination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. Lessee, his heirs and assigns, as a part of the consideration hereof, does hereby further covenant and agree that: (1) no person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the consideration of any improvements on, over or under such Leased Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination; and (3) the Leased Premises shall be used in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondis- crimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. Lessee will conduct his activities and operate his business on the Leased Premises in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 and will assure that no qual- ified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrim- ination in employment, under any program or activity of the Lessee. - 7 - E. PUBLIC BENEFIT Lessee agrees to operate the Leased Premises for the use and benefit of the public and further agrees: 1. To furnish good, prompt and efficient services adequate to meet all the demands for his services at the Airport; 2. To furnish said services on a fair, equal and nondiscrim- inatory basis to all users thereof; and 3. To charge fair, reasonable and nondiscriminatory prices for each unit of sale or service, provided that the Lessee may make reasonable nondiscriminatory discounts, rebates or other similar types of price reductions for volume purchases. F. NONEXCLUSIVE 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 Lessor sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance therefrom. H. RIGHTS OF OTHERS It is clearly understood by the Lessee that no right or privi- lege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport from perform- ing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that such person, firm or corporation may choose to perform. - 8 - I. OPERATION OF AIRCRAFT, COMPLIANCE WITH RULES AND REGULATIONS Lessee agrees to operate and conduct his business, including but not limited to the operation of aircraft and the occupancy of said Leased Premises, at all times in compliance with applicable federal, state and local rules and regulations and in compliance with all applicable statutes, ordinances, rules and regulations affecting the use, occupancy or operation of the Leased Premises and Airport. Lessee further agrees that in the event that a civil penalty or fine is levied against the Airport as a result of Lessee's failure to comply or act in accordance with said rules, regulations, statutes and ordinances, Lessee shall immediately reimburse the Airport the full amount of the penalty or fine and correct the failure, act or omission leading to, causing or con- tributing to the violation. Failure of the Lessee to comply with any requirement of this paragraph shall be cause for immediate termination of this Lease Agreement by Lessor. J. PUBLIC LIABILITY INSURANCE Lessee will carry and maintain Public Liability Insurance (in companies licensed to do business in the State of Texas) for the protection of Lessor, naming Lessor as an insured and insuring against all claims, losses, costs and expenses arising out of in- juries to persons whether or not employed by the Lessee, damage to property whether resulting from acts or omissions, negligence or otherwise of the Lessee or any of his agents, employees, patrons or other persons, and growing out of the use of the said Leased Premises by Lessee, such policies to provide for a liability limit on account of each accident resulting in bodily injury or death to one person of not less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00), a liability limit on account of each accident re- sulting in a bodily injury or death to more than one person of not less than THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00), and a liability limit of not less than ONE HUNDRED THOUSAND AND N0/100 DOLLARS ($100,000.00) for each accident for property damage. - 9 - Lessee shall furnish evidence to Lessor of continuance in force of said policies and said policies shall be so worded as to insure at least ten (10) days notice to the Lessor of cancellation or any modification of such policies. Said policies shall also be subject to the approval of Lessor. K. HAZARD INSURANCE Lessee shall procure from a company authorized to do business in the State of Texas, and keep in force at all times for the term of this Lease, hazard and extended coverage insurance upon the hangar to eighty percent (80%) of the full insurable value thereof. The value of said hangar shall be determined by the Lubbock Central Appraisal District. L. INSPECTION OF BOOKS AND RECORDS Lessee shall maintain complete books and records of all trans- actions, sales and income resulting from his business operations at Lubbock International Airport; which books and records may be inspected at any time by Lessor or its duly authorized representa- tives at Lubbock, Texas, upon reasonable notice to Lessee. In the event Lessee requests such inspection to be performed outside the Lubbock area, such request may be honored at Lessor's discretion; however, any and all expenses incurred by so doing shall be reim- bursed by the Lessee. Lessee agrees to furnish facts and figures necessary to determine the amount to be paid Lessor, together with a fiscal -year-end signed statement certified by a Certified Public Accountant that said figures are correct and properly stated. M. CONDITION OF PREMISES: INSPECTION Lessee agrees that the Leased Premises will be kept clean and free of all debris and other waste matter. Lessor shall have the right at all reasonable times to enter upon the Leased Premises for the purposes of inspecting the same. - 10 - N. MAINTENANCE Lessee shall, at his sole cost and expense, maintain the Leased Premises in a presentable condition consistent with good business practice. Lessee shall repair all damages to said Leased Premises caused by his employees, patrons or his business opera- tions thereon; shall maintain and repair all equipment thereon, including any drainage installations, paving, curbs, buildings and other improvements; and shall repaint the hangar as necessary to maintain a clean and attractive appearance. Lessor shall be the sole judge of the quality of maintenance, and upon written notice by Lessor to Lessee, Lessee shall be re- quired to perform whatever maintenance Lessor deems necessary. If said maintenance is not undertaken by Lessee within twenty (20) days after receipt of written notice, Lessor shall have the right to enter upon the Leased Premises and perform the necessary mainte- nance, 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 meter- ing devices) at his 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 produced as a result of Lessee's business operations on the Leased Premises. Q. ADVERTISING Lessee may not erect or cause to be erected on the Leased Premises any billboards or advertising signs without the prior written consent of the Director of Aviation. R. INDEMNITY Lessee agrees to hold the City free and harmless from loss from each and every claim and demand of whatsoever nature made on behalf of or by any person or persons and resulting from Lessee's business operations and/or use of the Leased Premises and common areas owned by Lessor and used by the Lessee, his agents, servants and employees, and from all loss and damages by reason of negli- gence of the Lessee, his agents, servants and employees. S. USE OF AIRPORT During the term of this Lease, Lessee and his tenants shall have free use of, in common with others at the Airport, all runways, ramps, parking areas and any and all public facilities available at the Airport, and the right of ingress to and egress from the above described premises, which right shall extend to Lessee's customers, employees, guests, invitees, tenants and patrons. If, during the term of this Agreement, the use of the Airport by Lessee or his tenants is temporarily suspended, restricted or interfered with for a period of ten (10) days or more for reasons beyond the practical control of the Lessor, in such manner so as to substantially affect the use of the Leased Premises or operation of aircraft by Lessee or his tenants, all fees during such period shall abate and the term of this Agreement shall, at the election of Lessee, be extended for an equivalent period of time. T. WORRERSr COMPENSATION Lessee shall furnish to Lessor satisfactory evidence that he carries Workers' Compensation Insurance in accordance with the laws of the State of Texas. U. IMPROVEMENTS Lessee shall not make, permit or suffer any additions, im- provements or alterations to the Leased Premises which constitute any major structural change or changes without first submitting plans and specifications for such additions, improvements or al- - 12 - terations to the Director of Aviation of the City of Lubbock and securing prior written consent from the Director of Aviation. Any such additions, improvements or alterations made with the consent of the Director of Aviation shall be solely at the expense of the Lessee and, unless such consent provides specifically that title to the addition or improvements so made shall vest in the Lessee, title thereto shall at all times remain in Lessor, and such addi- tions or improvements shall be subject to all terms and conditions of this Agreement. The Lessee agrees to hold Lessor harmless from Mechanic's and Materialman's Liens arising from any construction, additions, improvements, repairs or alterations effected by the Lessee. V. VEHICULAR MOVEMENT Except for vehicles specifically authorized by the Director of Aviation of Lessor, Lessee will not permit the driving of vehicles by his employees, customers, guests or invitees on the apron, taxi- ways or runways. 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 con- structing or permitting construction of any building or other structure on or off the Airport which, in the opinion of Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. - 13 - B. MAINTENANCE OF PUBLIC AREA Lessor reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair the landing area of the Airport and all publicly -owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. C. STANDARDS Lessor reserves the right to establish standards for the con- struction and maintenance of and alterations, repairs, additions or improvements of Lessee's facilities. This includes structural de- sign, color, materials used, landscaping and maintenance of Lessee's facilities and Leased Premises. D. Lessor reserves the right to issue through its Director of Aviation such rules, regulations and procedures for activities and operations conducted on the Airport as deemed necessary to protect and preserve the safety, security and welfare of the Airport and all persons, property and facilities located thereon. ARTICLE PI TERMINATION A. TERMINATION BY LESSEE This Agreement shall be subject to cancellation by Lessee, without liability to Lessor, upon the occurrence of any one or more of the following contingencies: 1. The permanent abandonment of the Airport as an air ter- minal by Lessor. 2. The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport for a period of thirty (30) days or more. - 14 - 3. The breach by Lessor of any of the terms, covenants or conditions of this Agreement to be kept, performed or observed by Lessor, and the failure of Lessor to remedy such breach for a period of sixty (60) days after written notice from the Lessee of the existence of such breach. 4. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the Lessee from conducting his business on the Leased Premises for a period of three (3) months or more. B. TERMINATION BY LESSOR This Agreement shall be subject to cancellation by Lessor upon the occurrence of any one or more of the following contingencies: 1. If the Lessee makes an assignment for the benefit of creditors; or files a voluntary petition of bankruptcy; or if proceedings in bankruptcy are instituted against Lessee and Lessee is thereafter adjudicated as bankrupt pursuant to such proceedings; or if a receiver for Lessee's assets is appointed; or if Lessee petitions or applies to any tribunal for the appointment of a trustee or receiver for Lessee under any bankruptcy, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect. 2. If the Lessee shall abandon and discontinue the conduct and operation of his business on the Leased Premises. 3. If the Lessee shall default in or fail to make any pay- ments at the time and in the amounts required of Lessee under this Agreement. 4. If the Lessee shall fail to perform, keep and observe all of the covenants and conditions contained in this Agree- ment to be performed, kept or observed by Lessee. - 15 - 5. If the Lessee shall fail to abide by all applicable laws, ordinances, rules and regulations of the United States, State of Texas, City of Lubbock or Director of Aviation of the City of Lubbock. Lessor shall give written notice to Lessee to correct or cure any such default, failure to perform or breach and if, within thirty (30) days from the date of such notice, the default, failure to perform or breach complained of shall not have been corrected in a manner satisfactory to Lessor, then and in such event Lessor shall have the right, at once and without further notice to Lessee, to declare this Agreement terminated and to enter upon and take full possession of the Leased Premises and, provided further, that upon the happening of any one of the contingencies enumerated in Article VI, Section B, numbered Paragraph 1 hereof, this Agreement shall be deemed to be breached by Lessee and thereupon "ipso facto," and without entry or any other action by Lessor, the Agree- ment shall terminate, and be reinstated only if such involuntary bankruptcy or insolvency proceedings, trusteeship, receivership or other legal act divesting Lessee of his 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 any of said latter events, this Agreement 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, or 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 remain unpaid, and shall likewise fully perform and discharge all other obligations which may have accrued and become payable in the interim. - 16 - The acceptance of rentals and fees by Lessor for any period or periods after a default of any of the terms, covenants or condi- tions herein contained and to be performed, kept or observed by Lessee shall not be deemed a waiver of any rights on the part of Lessor to cancel this Agreement for failure by Lessee to so per- form, keep or observe any of the terms, covenants or conditions hereof to be performed, kept or observed. No waiver by Lessor of any of the terms of this Agreement to be kept, performed or ob- served by the Lessee shall be construed to be or act as a waiver by Lessor of any subsequent default on the part of the Lessee. C. OWNERSHIP Within ninety (90) days after expiration or termination of this Agreement, as herein provided, the Lessee shall remove all improvements constructed or placed on the Leased Premises such as buildings, equipment, goods, chattels and fixtures belonging to Lessee and restore the Leased Premises to the condition in which they were received, reasonable wear and tear and damage by fire or the elements excepted. In the event of the failure on the part of Lessee to immediately remove from the Leased Premises all property owned by Lessee under the requirements set forth in this paragraph, Lessor may effect such removal and store such property at Lessee's expense. Lessee covenants and agrees to pay all reasonable costs, attorneys' fees and expenses that shall be incurred by Lessor in enforcing the covenants and conditions of this Agreement. In the event the Lessee fails to pay expenses within thirty (30) days, such property will be deemed abandoned and title will vest in Lessor; however, this in no way relieves the Lessee of the debt in- curred. Lessee shall pay a sum equal to the rentals stipulated herein, prorated to the period of time that Lessee's property re- mains on the Leased Premises after expiration or termination of this Agreement. - 17 - In the event Lessor terminates this Agreement for cause, as contained herein, or if Lessee discontinues his business on the Leased Premises at any time prior to expiration of the term, Lessor shall retain ownership of Lessee's improvements to the extent of the rentals due for the remainder of the 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. ARTICLE VII NOTICE Any required notice to Lessor provided for herein shall be sufficient if sent by certified mail, postage prepaid, to the Di- rector of Aviation, Route 3, Box 389, Lubbock, Texas 79401, and any such notice to the Lessee shall be sufficient if sent in the same manner addressed to Lessee at the address for Lessee on file with the Director of Aviation for Lessor. IN WITNESS WHEREOF, the parties have executed this Agreement this 3 day of lontoLe , 1991. LESSOR: CITY OF LUBBOCK, TEXAS y G BY: . C. MCMINRj, MAYOR ATTEST: Ranette Botid City Secretary APPROVED AS TO CONTENT: ern E. Case Director of Aviation APPROVED AS TO FORM: old Willard Assistant City Attorney LESSEE: BY: , S. E. CONE, R.