Loading...
HomeMy WebLinkAboutResolution - 2770 - Fixed Bases Operator Agreement - Cone Taylor Aviation - Hanger Lease, LIA - 03/10/1988HW:dw RESOLUTION Resolution #2770 March 10, 1988 Item 20 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Fixed Base Operator Agreement by and between the City of Lubbock and Cone Taylor Aviation, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of March , 1988. ,'B. C. McMINN, MAYOR ATTEST '--7-D Randtte Boyd, City Secretary APPROVED AS TO CONTENT: Marvin Coffee, Die or of Aviation APPROVED AS TO FORM: Harold Willard, Assistant C ty Attorney Resolution #2770 FIXED BASE OPERATOR AGREEMENT 8 THIS LEASE AGREEMENT, made this 10th day of March 1987, by and between the City of Lubbock, Texas, acting by and through its Mayor, hereunto duly authorized, (hereinafter referred to as "Lessor") and Cone Taylor Aviation, Inc., (hereinafter re- ferred to as "Lessee"). WITNESSETH WHEREAS, Lessor owns and operates the Lubbock International Airport, located in Lubbock County, Texas (hereinafter referred to as "Airport"); and WHEREAS, Lessee, is a corporation primarily engaged in commer- cial aviation, retail sales and the general activities of fixed base operation and aircraft sales; and WHEREAS, Lessor and Lessee each executed a Fixed Base Operator Agreement on October 23, 1986, which involved facilities at the Airport; and WHEREAS, both the Lessor and Lessee for good and valuable con- sideration now desire to execute a Fixed Base Operator Agreement in lieu of and which would supersede the earlier Agreement in its en- tirety and render the earlier Agreement null and void; and WHEREAS, Lessor deems it advantageous to itself and to its op- eration of the Airport to lease unto Lessee the premises described herein, together with certain privileges, rights, uses and inter- ests therein, as hereinafter set out; and, WHEREAS, Lessee proposes to lease on a net basis from Lessor a certain building and adjacent ground area and to avail itself of certain privileges, rights and uses pertaining thereto; and, WHEREAS, Lessee has indicated a willingness and an ability to properly keep, maintain and improve said premises in accordance with standards established by Lessor; NOW THEREFORE: l ARTICLE I PREMISES AND PRIVILEGES For and in consideration of the terms, conditions and covenants of this Lease to be performed by Lessee, all of which Lessee accepts, Lessor does hereby lease unto Lessee certain prop- erty together with improvements thereon (hereinafter called "Lease Premises"), and certain attendant privileges, uses and rights, as hereinafter specifically set out. A. DESCRIPTION OF LEASED PREMISES Building #108: Building Area 12,371 square feet @ $.5939 per square foot per year. Adjacent Land Area 26,132 square feet @ $.0809 per square foot per year. The above described building and land are located at the Lubbock International Airport, Lubbock County, Texas, and are more specifically described on Exhibit A attached hereto and by this reference made a part hereof. B. PURPOSE The purposes for which Lessee may use the premises described in paragraph A above are as follows: 1. Lessee may engage in the business of aeronautics, engine and aircraft repairs, modifications, sales and renting of aircraft, sales of aircraft engine parts and accessories, inspections, licensing, fabrication of aircraft compo- nents, flight instruction, storage of aircraft and equip- ment, airplane charter flights and local short flights, and may operate at the Lubbock International Airport as a Fixed Base Operator. 2. Lessee may give flying instructions, provide pilots for planes for others, and carry passengers and freight for hire, subject to all appropriate laws of the Federal Gov- ernment, the State of Texas, the County of Lubbock, Texas, and the requirements of all duly authorized gov- ernmental agencies. - 2 - 3. Lessee shall have a nonexclusive right to sell aviation fuel, oil and other propellants or lubricants to the gen- eral public at said Airport. ARTICLE II A. The term of this Lease shall be for a period of three (3) years commencing on the 17th day of July , 1987, and ending on the 16th day of July 1990, sub- ject, however, to earlier termination as hereinafter provided under Article VI. B. The parties hereto mutually agree that during the term of this Lease Agreement, the rental rate will be adjusted upward or downward for each ensuing year beginning January, 1988, in direct proportion to the fluctuation in the U. S. Department of Labor, Bu- reau of Labor Statistics Consumer Price Index. For the purpose of computing all adjustments, the Bureau of Labor Statistics Consumer 'Price Index as of January, 1987, shall be construed as the base pe- riod. C. NATIONAL EMERGENCY In the event the rights and privileges hereunder are suspended by reason of war or other national emergency, the term of this Lease shall be extended by the amount of the period of such suspen- sion. 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 (4f ) per gallon for each gallon of aviation fuel delivered to Lessee or its agents at Lubbock International Airport, excluding that sold or delivered by Lessee to a regularly certified airline un- der contract with Lessor as a part of the pecuniary con- sideration 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 - 3 - 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 fees, if not paid by the supplier, shall be due on the first (1st) day of the month succeeding that in which the aircraft fuels and lubricants are received by Lessee, and shall be delinquent if unpaid before the fifteenth (15) day of each month. It is understood and agreed that the total gallonage delivered to or purchased by Lessee, other than gasoline delivered to regularly scheduled air- lines 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. Ground rental in the amount of TWO THOUSAND ONE HUNDRED FOURTEEN AND 08/100 DOLLARS ($2,114.08) per year for gross land area of 26,132 square feet described in Arti- cle I, Paragraph A hereof, as land adjacent to Building #108, shown on Exhibit A hereto; which rental is computed at a rate of $.0809 per square foot per year; such ground rental shall be paid monthly in advance on the first (1st) day of each month in a sum of $176.17 per month, which is a sum approximately equal to one -twelfth (1/12) of the annual ground rental due hereunder. The first and last month's rent are to be paid in advance. C. Building rental in the amount of SEVEN THOUSAND THREE HUNDRED FORTY-SEVEN AND 14/100 DOLLARS ($7,347.14) per year for Building #108, which rental is computed at a rate of $.5939 per square foot per year; such building rental shall be payable in advance on the first (1st) day of each month in a sum of $612.26 per month, which is a sum approximately equal to one -twelfth (1/12) of said an- nual building rental due hereunder. - 4 - D. TWO THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($2,500.00) is the established annual Fixed Base Operator's fee; how- ever, other applicable ground and building rentals and fuel flowage fees may be applied to satisfy the require- ments of the Fixed Base Operator fee. Amounts payable under this Agreement shall be paid as follows: Monthly payments for ground and building rents ef- fective with the execution of this Agreement are payable in advance on the first (1st) day of each month. Monthly payments for fuel flowage fee effec- tive with the execution of this Agreement are payable on the first (1st) day of the month succeed- ing that in which the aircraft fuels and lubricants are received by Lessee. Operators whose payment for ground and building rents and fuel flowage fees do not satisfy the minimum Operator's fee will pay a monthly pro rata amount of $208.34 payable in ad- vance on the first (lst) day of each month. ARTICLE IV OBLIGATIONS AND RIGHTS OF LESSEE A. ASSIGNMENT, TRANSFER, PLEDGE Lessee shall not at any time assign, transfer, pledge or oth- erwise alienate this Agreement or any interest herein without the prior written consent of the Director of Aviation. B. SUBLEASING Lessee shall not sublease all or any part of the space leased hereunder without the specific written approval of the Director of Aviation, 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 premises and any other taxes and assessments in connection with its business which may be levied, and will promptly pay when due all charges for water, electricity and any other util- - 5 - ities used in connection with the operation of said Fixed Base Op- erator Agreement. D. NONDISCRIMINATION Lessee, his agents and employees will not discriminate against any person or class of persons by reason of race, color, handicap, religion, sex, national origin or age in providing any service or in the use of any of its facilities provided for the public, in any manner prohibited by Part 15 of the Federal Aviation Regulations. Lessee further agrees to comply with such enforcement procedures as the United States might demand that the Lessor take in order to comply with the Sponsor's Assurances. Lessee agrees to not discriminate against any employee or ap- plicant for employment because of race, creed, color, handicap, re- ligion, sex, national origin or age. Lessee further agrees to take affirmative action to insure that applicants are employed, and that employees are tested during employment, without regard to their race, color, handicap, religion, sex, national origin or age. Such action shall include, but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, rates of pay or other forms of compensation and selection for training, including appren- ticeship. Lessee will conduct its activities and operate its facilities in accordance with the requirements of Section 504 of the Rehabili- tation Act of 1973 and will assure that no qualified 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 discrimination in employ- ment, under any program or activity of the Lessee. E. PUBLIC BENEFIT Lessee agrees to operate the premises leased for the use and benefit of the public and further agrees: 1. . To furnish good, prompt and efficient services adequate to meet all the demands for its service at the Airport; - 6 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 be allowed to make reasonable nondiscrimina- tory.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 exclu- sive right within the meaning of Section 308(a) of the Civil Aero- nautics 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. 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 it may choose to perform. I. OPERATION OF AIRCRAFT, COMPLIANCE WITH RULES AND REGULA- TIONS Lessee agrees to operate and conduct its business, including but not limited to the operation of aircraft and the occupancy of said premises, at all times in compliance with applicable federal, state and local rules and regulations and in compliance with all applicable statutes, ordinances, rules and regulations affecting the use, occupancy and operation of the premises and Airport. Lessee further agrees that in the event that a civil penalty or fine be'levied against the Airport as a result of Lessee's failure to comply or act in accordance with said rules, regulations, - 7 - statutes and ordinances, Lessee shall immediately reimburse the Airport the full amount of the penalty or fine and correct the failure, act or omission leading to, causing or contributing to the violation. J. PUBLIC LIABILITY INSURANCE Lessee will carry and maintain Public Liability Insurance in companies licensed to do business in the State of Texas for the protection of Lessor, naming Lessor as an insured and insuring against all claims, losses, costs or expense 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 its agents, employees, patrons or other persons, and growing out of the use of the said Airport premises by Lessee, such policies to provide for a liability limit on account 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 N0/100 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. Lessee shall furnish evidence to Lessor of continuance in force of said policies and said policies shall be so worded as to insure ten (10) days notice to the Lessor of cancellation or any modification of such policies. Said policies shall also be subject to the ap- proval of Lessor. 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 buildings located on the leased premises to eighty percent (80%) of the full insurable value thereof. The value of Building #108 is hereby stipulated to be equal to One Hundred Five Thousand Three Hundred and No/100 Dollars ($105,300.00). - 8 - L. INSPECTION OF BOOKS AND RECORDS Lessee shall maintain complete books and records of all trans- actions, sales and income resulting from its operations at Lubbock International Airport; which books and records may be inspected at any time by Lessor or its duly authorized representatives at Lubbock, Texas, upon reasonable notice to Lessee. In the event Lessee requests such inspection to be performed outside the Lubbock area, such request may be honored at Lessor's discretion; however, any and all expenses incurred by so doing shall.be reimbursed by the Lessee. Lessee agrees to furnish 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 Accoun- tant that said figures are correct and properly stated. M. CONDITION OF PREMISES: INSPECTION Lessee agrees that the premises under Lessee's control will be kept clean and free of all debris and other waste matter. Lessor shall have the right at all reasonable times to enter upon the premises for the purposes of inspecting the premises under Lessee's control. N. MAINTENANCE Lessee shall, at its sole cost and expense, maintain the leased premises and the buildings, improvements and appurtenances thereto, in a presentable condition consistent with good business practice. Lessee shall repair all damages to said premises caused, by its employees, patrons or its operations thereon; shall maintain and repair all equipment thereon, including any drainage installa- tions, paving, curbs, islands, buildings and improvements; and shall repaint its own and/or leased buildings and mow the grass and control the weeds on the leased premises adjacent to Building #108 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) - 9 - 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. 0. 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 its own cost and expense; and Lessee shall pay for any and all service charges incurred therefor. P. TRASH, GARBAGE, REFUSE, ETC. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse resulting from the operation of its business. Q. 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 operations and/or use of the Leased Premises and common areas owned by Lessor and used by the Lessee, its agents, servants and employ- ees, and from all loss and damages by reason of negligence of the Lessee, its agents, servants and employees. S. USE OF AIRPORT During the term of this Lease, Lessee and its tenants shall have free use of, in common with others at.the Airport, all run- ways, ramps, parking areas and any and all public facilities avail- able at the Airport, and the right of ingress to and egress from the above described premises, which right shall extend to Lessee's customers, employees, guests, invitees, tenants and patrons. If during the term of this Agreement, the use of the Airport by Lessee or its tenants is temporarily suspended, restricted or interfered with for a period of ten (10) days or more for reasons - 10 - beyond the practical control of the Lessor, in such manner to sub- stantially affect the use of the hangar or operation of aircraft by Lessee or its tenants, all fees during such period shall abate and the term of the Agreement shall, at the election of Lessee, be ex- tended for an equivalent period of time. T. WORKERS' COMPENSATION Lessee shall furnish to Lessor satisfactory evidence that it 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 property which constitute any ma- jor structural change or changes without first submitting plans and specifications for such additions, improvements or alterations to the Director of Aviation of the City of Lubbock and securing prior written consent of the Director of Aviation. Any such additions, improvements or alterations made with the consent of the Director of Aviation shall be solely at the expense of the Lessee and, un- less such consent provides specifically that title to the addition or improvements so made shall vest in the Lessee, title thereto shall at all times remain in Lessor, and such additions or improve- ments shall be subject to all terms and conditions of this Agree- ment. The Lessee agrees to hold Lessor harmless from Mechanic's and Materialman's Liens arising from any construction, additions, improvements, repairs or alterations effected by the Lessee. V. PARKING Lessee shall at its sole cost and expense construct adequate and suitable pavement areas for use by its customers for parking of aircraft and automobile parking for its employees, patrons, guests and invitees. W. VEHICULAR MOVEMENT Lessee will not permit the driving of vehicles by its employ- ees, customers, guests or invitees on the apron, taxiways or run- ways except specifically authorized vehicles. X. SECURITY Lessee agrees to control all access to the air operations area (AOA) through its leased area and through gates assigned to or con- trolled by Lessee so as to prevent unauthorized entry to the air- field by persons, animals or vehicles. In the event that unautho- rized access to the AOA is gained through the leased premises or 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 penalties without delay and make any and all re- quested changes in its operations or facilities necessary to main- tain Airport security and prevent reoccurrence of any unauthorized . entry. OBLIGATIONS AND RIGHTS OF LESSOR A SAFETY Lessor reserves the right to take any action it considers nec- essary to protect the aerial approaches of the Airport against ob- struction, together with the right to prevent Lessee from erecting or permitting to be erected any building or other structure on or off the Airport which, in the opinion of Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. B. MAINTENANCE OF PUBLIC AREA Lessor reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair the landing area of the Air- port 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, maintenance, alterations, repairs, additions or improve- ments of.Lessee's facilities. This will include structural design, color, materials used, landscaping and maintenance of Lessee's fa- cilities and Leased Premises. - 12 - D. Lessor reserves the right to issue through the 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 VI TERMINATION A. TERMINATION BY LESSEE This Agreement shall be subject to cancellation by Lessee, without liability to Lessor, in the event of the happening of any one or more of the following contingencies: 1. The permanent abandonment of the Airport as an air termi- nal. 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. 3. The breach by Lessor of any of the terms, covenants or conditions of this Agreement to be kept, performed and observed by Lessor, and the failure of Lessor to remedy such breach for a period of sixty (60) days after written notice from the Lessee of the existence of such breach. 4. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the Lessee from operating its Fixed Base Operator facilities for a period of three (3) months or more. B. TERMINATION BY LESSOR This Agreement shall be subject to cancellation by Lessor in the event of the happening of any one or more of the following con- tingencies: 1. If the Lessee makes an assignment for the benefit of creditors; or files a voluntary petition of bankruptcy; or if proceedings in bankruptcy shall be instituted - 13 - against Lessee and Lessee is thereafter adjudicated as bankrupt pursuant to such proceedings; or if a Court shall take jurisdiction of Lessee and it assets pursuant to proceedings brought under the provisions of any fed- eral reorganization act; or if a receiver for Lessee's assets is appointed; or if Lessee petitions or applies to any tribunal for the appointment of a trustee or receiver for Lessee under any bankruptcy, reorganization arrange- ment, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or here- after in effect. 2. If the Lessee shall abandon and discontinue the conduct and operation of said Fixed Base Operations. 3. If the Lessee shall default in or fail to make any 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 and observed by Lessee. 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 area 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 - 14 - without entry or any other action by Lessor, the Agreement shall terminate, and be reinstated only if such involuntary bankruptcy or insolvency proceedings, petition for reorganization, trusteeship, receivership or other legal act divesting Lessee of its rights un- der this Agreement shall be denied, set aside, vacated or termi- nated in Lessee's favor within thirty (30) days from the happening of the contingency. Upon the happening of said latter events, this Agreement shall be reinstated as if there had been no breach occa- sioned 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 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. 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 and 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 and observed. No waiver by Lessor or any of the terms of this Agreement to be kept, performed and 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 of this Agreement as herein provided, the Lessee shall remove all improvements con- structed or placed thereon, such as buildings, equipment, goods, chattels and fixtures belonging to Lessee and restore the premises then under occupancy to the condition in which they were received, reasonable wear and tear and damage by fire or the elements ex- cepted. In the event of the failure on the part of Lessee to imme- - 15 - M�,9l�ti7`'3r�9in4Cw'44TvN�il."iaTk..wW+.iMJ diately remove from the 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, attorney's 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 incurred. Lessee shall pay a sum equal to the rentals stipulated herein, prorated to the period of time that Lessee's property remains on the Leased Premises after the expiration of the term of this Agreement. In the event Lessor terminates this Agreement for cause, as contained herein, or if Lessee discontinues Fixed Base Operations at any time prior to expiration, Lessor retains ownership of Lessee's improvements to the extent of the rentals due for the then remaining term. D. This Lease shall be subordinate to the provisions of any existing or future Agreement between the Lessor and the United States, relative to the operation and maintenance of the Airport. 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 1306 Broadway, Lubbock, Texas 79401, or such other addresses as may be designated by Lessor or Lessee in writing from time to time. - 16 - IN WITNESS WHEREOF, the parties have executed this Agreement this 10th day of March 19 88 by their duly au- thorized officers. LESSOR: LESSEE: CITY OF LUBBOCK, TEXAS CONE TAYLOR AVIATION, INC. 8Y:= BY: 13. C. MCMI NN, MAYOR _ 1 t - ATTEST: ATTEST: 4� Ranette Boyd City Secretary APPROVED -"AS TO CONTENT: Marvin Coffee Director of Av ation APPROVED AS TO FORM: , Harold Wil aid Assistant City Attorney T---- Bldg w 108 ' � ! | / ` i �_- �vH|EUT ^�� ~. ` �