HomeMy WebLinkAboutResolution - 2456 - Fixed Operator Agreement -Cone Taylor Aviation Inc - Operations Space, LIA - 10/23/1986MH: js
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Resolution #2456
October 23, 1.986
Agenda Item No. 24
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 23rd day of October
B. C. M'cMINN, MAYOR
ATTEST:
Rane Boyd, City Secretary
APPROVED AS TO CONTENT:
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Mar Coffee, Di for of Aviation
APPROVED AS TO FORM:
Michele Hart; Asst. City Attorney
, 1986.
Resolution #2456
FIXED BASE OPERATOR AGREEMENT
THIS LEASE AGREEMENT, made this 23rd day of
October 1986, by and between the City of Lubbock,
Texas, acting by and through its Mayor, hereunto duly autho-
rized, (hereinafter referred to as "Lessor") and Cone Taylor
Aviation, Inc., (hereinafter referred to as "Lessee").
WITNESSETH
WHEREAS, Lessor owns and operates the Lubbock Interna-
tional Airport, located in Lubbock County, Texas (herein-
after referred to as "Airport"); and
WHEREAS, Lessor deems it advantageous to itself and to
its operation of the Airport to lease unto Lessee the
premises described herein, together with certain privileges,
rights, uses and interests therein, as hereinafter set out;
and,
WHEREAS, Lessee, Cone Taylor Aviation, Inc., is a cor-
poration primarily engaged in commercial aviation, retail
sales and the general activities of fixed base operation and
aircraft sales; 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 pertain-
ing thereto; and,
WHEREAS, Lessee has indicated a willingness and ability
to properly keep, maintain and improve said premises in ac-
cordance with standards established by Lessor, NOW THERE-
FORE:
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 property together with improvements thereon (herein-
after called "Lease Premises"), and certain attendant priv-
ileges, uses and rights, as hereinafter specifically set
out.
A. DESCRIPTION OF LEASED PREMISES.
Building #201: Building Area 5,040 square feet @
$.58 per square foot per year. The
value of said Building #201 is
hereby stipulated to be $24,360.
Adjacent Land Area 12,360 square
feet @ $.0.8 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 thereof.
B. PURPOSE
The purposes for which Lessee may use the premises de-
scribed 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 components, flight in-
struction, storage of aircraft and equipment, air-
plane 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 pi-
lots for planes for others, and carry passengers
and freight for hire, subject to all appropriate
laws of the Federal Government, the State of
Texas, the County of Lubbock, Texas, and the re-
quirements of all duly authorized governmental
agencies.
3. Lessee shall have a nonexclusive right to sell
aviation fuel, oil and other propellants or lubri-
cants to the general public at said Airport.
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ARTICLE II
A. The term of this Lease.shall be for a period of
three (3) years commencing on the 1st day of November, 1986,
subject however, to earlier termination as hereinafter pro-
vided under Article VI.
B. The parties hereto mutually agree that during the
term of this Lease Agreement, the rental rate will be ad-
justed upward or downward for each ensuing year beginning
January, 1987, 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 ad-
justments, the Bureau of Labor Statistics Consumer Price In-
dex as of January, 1986, 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 suspension.
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 Air-
port, excluding that sold or delivered by Lessee
to a regularly certified airline under contract
with Lessor as a part of the pecuniary considera-
tion 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 specifically excluded, un-
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less 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 re-
ceived 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 airlines
operating under contract with Lessor, may be re-
duced by an amount not to exceed two (20) per cen-
tum in computing charges as a maximum loss al-
lowance from any and all causes.
B. Ground rental in the amount of NINE HUNDRED
EIGHTY-EIGHT AND 80/10.0 DOLLARS ($988.80) per year
for gross land area of 12,360 square feet de-
scribed in Article I, Paragraph A -hereof as land
adjacent to Building #201, shown on Exhibit A
hereto; which rental is computed at a rate of
eight cents ($.08) 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
$82.40 per month, which is a sum equal to one -
twelfth (1/12) of the annual ground rental due
hereunder. First and last months rent are to be
paid in advance.
C. Building rental in the amount of TWO THOUSAND NINE
HUNDRED TWENTY-THREE AND 20/100 DOLLARS
($2,923.20) per year for Building #201, which
rental is computed at a rate of $.58 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 $243.60 per month which is a sum
equal to one -twelfth (1/12) of said annual build-
ing rental due hereunder.
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D. TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($2,500.0.0) is the established annual Fixed Base
Operator's fee; however, other applicable ground
and building rentals and fuel flowage fees may be
applied to satisfy the requirements of the Fixed
Base Operator fee. Amounts payable under this
Agreement shall be. paid as follows:
Monthly payments for ground and building
rents effective with the execution of this
Agreement are payable in advance on the first
(1st) day of each month. Monthly payments
for fuel flowage fee effective with the exe-
cution of this Agreement are payable on the
first (1st) day of the month succeeding that
in which the aircraft fuels and lubricants
are received by Lessee. Operators whose pay-
ment on rents and fees do not satisfy the
minimum operators fee will pay monthly pro
rata amount of $208.34 payable in advance on
the first (1st) 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 otherwise alienate this Agreement or any interest herein,
without the prior written consent of Lessor.
B. SUBLEASING
Lessee shall not sublease all or any part of the space
leased hereunder without the specific written approval of
Lessor, such approval not to be unreasonably withheld.
C. TAXES AND ASSESSMENTS
Lessee agrees to pay promptly when due all taxes and
assessments levied on the premises and any other taxes or
assessments in connection with its business which may be
levied and will promptly pay when due all charges for water,
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electricity and any other utilities used in connection with
the operation of said Fixed Base Operator.
D. NONDISCRIMINATION
Lessee, his agents and employees will not discriminate
against any person or class of persons by reason of race,
color, sex, age, creed or national origin in providing any
service or in the use of any of its facilities provided for
the public, in any manner prohibited by Part 15 of the Fed-
eral Aviation Regulations. The Lessee further agrees to
comply with such enforcement procedures as the United States
might demand that the Lessor take in order to comply with
the Sponsor's Assurances.
Lessee agrees to not discriminate against any employee
or applicant for employment because of race, creed, color,
sex, age or national origin. The Lessee agrees to take af-
firmative action to insure that applicants are employed, and
that employees are tested during employment without regard
to their race, creed, color, sex, age or national origin.
Such action shall include, but not be limited to employment,
upgrading, demotion, or transfer, recruitment, layoff, rates
of pay or other forms of compensation and selection for
training, including apprenticeship.
Lessee will conduct its activities and operate its fa-
cilities in accordance with the requirements of Section 504
of the Rehabilitation 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 de-
nied the benefits of, or otherwise be subjected to discrimi-
nation, including discrimination in employment, 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.
1. To furnish good, prompt, and efficient services
adequate to meet all the demands for its service
at the Airport.
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2. To furnish said service on a fair, equal and
nondiscriminatory 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
nondiscriminatory discounts, rebates or other sim-
ilar type of price reductions to volume purchases.
F. NONEXCLUSIVE
It is understood and agreed that nothing herein con-
tained 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 de-
velop or improve the Airport as it 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
privilege has been granted which would operate to prevent
any person, firm or corporation operating aircraft on the
Airport from performing any services on its own aircraft
with its own regular employees (including, but not limited
to, maintenance and repair) that it may choose to perform.
I. OPERATION OF AIRCRAFT, COMPLIANCE WITH RULES AND
REGULATIONS
Lessee agrees to operate and conduct its business, in-
cluding 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 complying with all applicable statutes, ordinances,
rules and regulations affecting the use, occupancy, and op-
eration 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 com-
ply or act in accordance with said rules, regulations,
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statutes, and ordinances, Lessee shall immediately reimburse
the Airport the full amount of the penalty or fine and cor-
rect the failure, act, or omission leading to, causing, or
contributing to the violation.
J. PUBLIC LIABILITY INSURANCE
Lessee will carry and maintain Public Liability Insur-
ance in companies licensed to do business in the State of
Texas for the protection of Lessor and naming it as an in-
sured insuring against all claims, losses, costs or expense
arising out of injuries 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
N0/100 DOLLARS ($100,000.00), a liability limit on account
of each accident resulting'in a bodily injury or death to
more than one person of not less than THREE HUNDRED THOUSAND
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 in-
sure ten (10) days notice of cancellation or any modifica-
tion of such policy to the Lessor. Said policies shall be
subject to the approval of Lessor.
K. HAZARD INSURANCE
Lessor will provide hazard insurance for Building #201
valued at $24,360.00, under Lessor's umbrella policy; how-
ever, Lessee shall be responsible for paying the insurance
premium.
L. INSPECTION OF BOOKS AND RECORDS
Lessee shall maintain complete books and records of all
transactions, sales and income resulting from its operation
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at Lubbock International Airport; which books and records
may be inspected at any time by Lessor or its duly autho-
rized representatives at Lubbock, Texas, upon reasonable no-
tice to Lessee. In the event Lessee requests such inspec-
tion 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 neces-
sary 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. CONDITIONS OF PREMISES: INSPECTION
Lessee agrees that the premises under Lessee's control
will be kept clean and free of all debris and other waste
matter. 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 ap-
purtenances thereto, in a presentable condition consistent
with good business practice. Lessee shall repair all dam-
ages to said premises caused by its employees, patrons or
its operation hereon; shall maintain and repair all equip-
ment thereon, including any drainage installations, paving,
curbs, islands, buildings and improvements; and shall re-
paint its own and/or leased buildings as necessary to main-
tain a clean and attractive appearance.
Lessor shall be the sole judge of the quality of main-
tenance and upon written notice by Lessor to Lessee, Lessee
shall be required to perform whatever maintenance Lessor
deems necessary. If said maintenance is not undertaken by
Lessee within twenty (20) days after receipt of written no-
tice, Lessor shall have the right to enter upon the leased
9 -
premises and perform the necessary maintenance, the cost of
which shall be borne by Lessee.
O. UTILITIES
Lessee shall have the right to connect to any and all
storm and sanitary sewers and water and utility outlets in-
cluding metering devices at its own cost and expense; and
Lessee shall pay for any and all service charges incurred
therefor.
P. TRASH, GARBAGE, REFUSE, ETC.
Lessee shall provide a complete and proper arrangement
for the adequate sanitary handling and disposal, away from
the Airport, of all trash, garbage and other refuse caused
as a result of the operation of its business.
Q. Lessee may not erect or cause to be erected on
Leased Premises any billboards or advertising signs without
the prior written consent of the Lessor.
R. INDEMNITY
Lessee agrees to hold the City free and harmless from
loss from each and every claim, and demand of whatsoever na-
ture made on behalf of or by any person or persons resulting
from Lessee's operation and/or use of the Leased Premises
and common areas owned by Lessor and used by the Lessee, its
agents, servants and employees, and from all loss and dam-
ages by reason of negligence of the Lessee, its agents, ser-
vants and employees.
S. USE OF AIRPORT
During the term of this Lease, Lessee and its tenants
shall have shall have the free and exclusive use, in common
with others at the Airport, of 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 its tenants is temporarily suspended,
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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 to substantially affect the use of the
hangar or operation of aircraft by Lessee or its tenants,
all fees during such period shall abate and the term of the
Agreement shall, at the election of Lessee, be extended for
an equivalent period of time.
T. WORKMEN'S COMPENSATION
Lessee shall furnish to Lessor satisfactory evidence
that it carries Workmen's Compensation Insurance in accor-
dance with the laws of the State of Texas.
U. IMPROVEMENTS
Lessee shall not make, permit, or suffer any additions,
improvements or alterations to the property which constitute
any major structural change or changes without first submit-
ting plans and specifications for such additions, improve-
ments or alterations to the Director of Aviation of the City
of Lubbock and securing prior written consent of the Direc-
tor of Aviation. Any such additions, improvements or alter-
ations 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 addi-
tion 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 con-
ditions of this instrument. The Lessee agrees to hold
Lessor harmless from Mechanic's and Materialman's Liens
arising from any construction, additions, improvements, re-
pairs or alterations effected by the Lessee.
V. PARKING
Lessee shall at its sole cost and expense construct ad-
equate and suitable pavement areas for use by its customers
for parking of aircraft and automobile parking for its em-
ployees, patrons, guests and invitees.
W. VEHICULAR MOVEMENT
Lessee will not permit the driving of vehicles by its
employees, customers, guests or invitees on the apron, taxi-
ways, or runways except specifically authorized vehicles.
ARTICLE V
OBLIGATIONS AND RIGHTS OF LESSOR
A. SAFETY
Lessor reserves the right to take any action it consid-
ers necessary to protect the aerial approaches of the Air-
port against obstruction, together with the right to prevent
Lessee from erecting or permitting to be erected any build-
ing 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 Airport and all publicly owned facilities of the Air-
port, together with the right to direct and control all ac-
tivities of Lessee in this regard.
C. STANDARDS
Lessor reserves the right to establish standards for
the construction maintenance, alterations, repairs, addi-
tions or improvements of Lessee's facilities. This will in-
clude structural design, color, materials used, landscaping
and maintenance of Lessee's facilities and Leased Premises.
D. Lessor reserves the right to issue through the Di-
rector of Aviation such rules, regulations, and procedures
for activities and operations conducted on the Airport as
deemed necessary to protect and preserve the safety, secu-
rity, 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 in the event of the happening of any one or more of
the following contingencies without liability to Lessor:
1. The permanent abandonment of the Airport as an air
terminal.
2. The issuance by any Court of competent jurisdic-
tion of an injunction in any way preventing or re-
straining the use of the Airport and the remaining
in force of such injunction for at least thirty
(30) days.
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 pe-
riod of sixty (60) days after written notice from
the Lessee of the existence of such breach.
4. The assumption by the United States Government, or
any authorized agency of same, of the operation,
control or use of the Airport and its facilities
in such a manner as to substantially restrict the
Lessee from operating said Fixed Base Operator fa-
cilities, if such restriction be continued 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 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 shall
be instituted against it and it is thereafter ad-
judicated a bankrupt pursuant to such proceedings;
or if a Court shall take jurisdiction of Lessee
and it assets pursuant to proceedings brought un-
der the provisions of any federal reorganization
- 13
act; or if a receiver for Lessee's assets is ap-
pointed; or if Lessee petitions or applies to any
tribunal for the appointment of a trustee or re-
ceiver of Lessee under any bankruptcy, reorganiza-
tion arrangement, insolvency, readjustment of
debt, dissolution or liquidation law of any juris-
diction, whether now or hereafter in effect.
2. If the Lessee shall abandon and discontinue the
conduct and operation of said Fixed Base Opera-
tions.
3. If the Lessee shall default in or fail to make any
payments at the time and in the amounts as re-
quired of it under this Agreement.
4. If the Lessee shall fail to perform, keep and ob-
serve all of the covenants and conditions con-
tained in this Agreement to be performed, kept and
observed by it.
5. If the Lessee shall fail to abide by all applica-
ble 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 enumer-
ated in Subsection (B-1) hereof, this Agreement shall be
deemed to be breached by Lessee and thereupon "ipso facto"
and without entry or any other action by Lessor the agree-
ment shall terminate, subject to be reinstated only if such
involuntary bankruptcy or insolvency proceedings, petition
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for reorganization trusteeship, receivership or other legal
act divesting Lessee of its rights under this Agreement
shall be denied, set aside, vacated or terminated in
Lessee's favor within thirty (30) days from the happening of
the contingency. Upon the happening of said latter events,
this 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 on
the vacating, terminating or setting aside of such appoint-
ment, pay
ppoint-ment,-pay or discharge any and all sums of money which may
have become due under this Agreement in the interim and
shall then remain unpaid and shall likewise fully perform
and 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, and conditions herein contained 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 perform, 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 observed by the
Lessee shall be construed to be or act as a waiver by Lessor
of any of subsequent default on the part of the Lessee.
C. OWNERSHIP
Within ninety (90) days after expiration of this Agree-
ment as herein provided, the Lessee shall remove all im-
provements constructed or placed thereon such as buildings,
equipment, goods, chattels and fixtures belonging to it and
to restore the premises then under occupancy to the condi-
tion 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 premises all property owned by it under the re-
- 15 -
quirements 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, at-
torney'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 Op-
eration at any time prior to expiration, Lessor retains own-
ership 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 Director of Aviation, Route 3, Box 389, Lubbock, Texas
79401, and any such notice to the Lessee shall be sufficient
if sent to 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.
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IN WITNESS WHEREOF, the parties have executed this
Agreement this 23rd day of October 1986, by
their duly authorized officers.
LESSOR: LESSEE:
CITY OF LUBBOCK, TEXAS CONE TAYLOR AVIATION, INC.
BY:
BY:
B. C. McMINN, MAYOR
ATTEST:
;Rneite Boyd
City Secretary
APPROVED AS TO CONTENT:
V
'iVU 'v1 _ � W/��
Marvin Coffee
Director of Aviation
APPROVED AS TO FORM:
Michele Hart
Assistant City Attorney
ATTEST:
�v(
S. E. Cone, Jr., for and in consideration of the grant-
ing of this Lease to Cone Taylor Aviation, Inc., agrees to
fulfill all obligations of Lessee under the above Lease be-
tween the City of Lubbock and Cone Taylor Aviation, Inc. in
the event they are not fulfilled by Lessee, Cone Taylor Avi-
ation, Inc.
S. -S. Cone, J
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