Res 173-96 11/5/1996r
RESOLUTION NO. /'73-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT WITH AERO MAINTENANCE, INC., FOR LEASE
OF LAND AT THE WICHITA FALLS MUNICIPAL AIRPORT; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls, Texas, owns and operates the Wichita Falls
Municipal Airport; and,
WHEREAS, the construction of a maintenance hangar is in the best interest of both
parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1. That the City Manager be and is hereby authorized to execute that certain
agreement between the City of Wichita Falls and Aero Maintenance, Inc., for the lease of land at
the Wichita Falls Municipal Airport, a copy of which is attached hereto and incorporated herein
by reference.
SECTION 2. It is hereby found and determined that the meeting at which this resolution
was passed was open to the public as required by law.
PASSED AND APPROVED this the
5th day of November, 1996.
M ' A Y 0
ATTEST:
ty Clerk
LEASE AGREEMENT
THIS IS A LEASE, dated 1996, between the City of Wichita
Falls(herein called "Lessor"), and Aero Maintenance, Inc. (herein called "Lessee"):
1. DEMISE. Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, the parcel of land situated in the City of Wichita Falls, Wichita County, Texas, said
parcel being described in Exhibit A attached hereto.
2. TERM. This lease is for a term commencing on November 5, 1996, and
ending on May 14, 2009. Lessee agrees to begin construction of an airplane maintenance
hangar within 120 days from the execution of this lease. In the event Lessee fails to begin
construction within the 120 day period, this lease shall automatically terminate. Lessee shall
not use the premises for the sale of fuel or for the rent or lease of hangar space.
3. RENT. The Lessee agrees to pay the Lessor as rental for the premises
during said term the monthly sum of Five Hundred ($500.00) Dollars payable each month in
advance before the
5th day of the month.
4. UTILITIES. Lessee shall pay all public utility charges, including heat, water,
sewer, electricity, gas, telephone and other utility services on the premises from the date of
execution of this lease through the term of this lease.
5. DEFAULT AND REMEDY. In the event Lessee shall default in the
performance of any covenant or agreement herein contained, and such default shall continue
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for ten (10) days after receipt by Lessee of written notice thereof given by the Lessor, then the
Lessor, at his option, may terminate this agreement.
6. MAINTENANCE AND REPAIRS. Lessee shall, throughout the term
of this lease, at its expense, care for and maintain any improvements constructed upon the
premises and keep them in reasonably good repair and condition except for ordinary wear and
tear and damage caused by an act of God.
7. ALTERATIONS. Lessee may erect any improvements on the premises as
required for business purposes. All alterations, improvements and additions to the premises
shall be made in accordance with the applicable laws and shall remain for the benefit of Lessor
unless otherwise consented to by Lessor. Upon termination of this agreement, Lessee further
agrees that, if so requested by the Lessor, Lessee will, within sixty (60) days, remove from said
premises any or all buildings, structures, or improvements which are located on the premises
on the date of said termination.
8. INDEMNITY. This agreement is made upon the express condition that
Lessor shall be free from all liabilities and claims for damages and/or suits for or by reason of
any injury or injuries to any person or persons or property of any kind whatsoever, whether the
persons or property of Lessee, its agents or employees or third persons, and Lessee hereby
covenants and agrees to indemnify and save harmless the Lessor from all liabilities, charges,
expenses (including counsel fees) and costs on account of or by reason of any such injuries,
liabilities, claims, suits or losses, however occurring, or damages growing out of same.
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9.SUBLEASE OR ASSIGNMENT., The Lessee shall not sell or assign this
lease or sublet said premises or any part thereof without first obtaining the written consent of
the Lessor.
10. COMPLIANCE WITH LAWS. Lessee shall comply with all laws, orders
and regulations of federal, state and municipal authorities, which shall impose any duty upon
Lessor or Lessee with respect to the operation of business thereon. Lessee, at its expense, shall
obtain all licenses or permits which may be required for the conduct of its business within the
terms of this lease, or for alterations, improvements, or additions which Lessee may desire to
make.
11. CONDITION OF PREMISES AND LESSOR ACCESS THERETO.
Lessee shall deliver up and surrender the leased premises upon expiration of this lease or its
termination in as good condition and repair as the same shall be at the commencement of said
term, loss by ordinary wear and tear, fire, flood, windstorm, strikes, riots, civil commotion,
acts of God, and other casualty excepted. Lessor, its agents or employees, shall have access to
the premises at all reasonable times for the purposes of inspecting same.
12. REPRESENTATIONS., Lessor and Lessor's agents have made no
representation or promises with respect to the premises, except as herein expressly set forth. It
is understood and agreed that Lessee takes the premises "as is," in its present condition,
without any representations or warranties, either express or implied. This lease sets forth the
full understanding of the parties. No agreement hereafter made shall be effective to change,
modify, discharge or constitute an abandonment of this lease, in whole or in part, unless its
agreement is in writing and signed by both parties.
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IN WITNESS WHEREOF, the said parties have caused this lease to be
executed on the day and year first above written.
LESSOR
By:
Tim Berzina, City Manager
City of Wichita Falls, Texas
LESSEE
AERO MAINTENANCE, INC.
By:
Dan Decker, President
STATE OF TEXAS
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally appeared James
Berzina, City Manager for the City of Wichita Falls, a municipal corporation, known to me to
be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the said City of Wichita Falls, a municipal
corporation, for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1996.
Notary Public, State of Texas
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STATE OF TEXAS
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally appeared Dan Decker,
President of Aero Maintenance, Inc., known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for
the said Aero Maintenance, Inc., for purposes and consideration therein stated, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1996.
Notary Public, State of Texas
GENERAL AVIATION FACILITICS EXHIBIT
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A. 2,625 sq. ft. I). 15.000 sq. ft.
B. 19,427 sq. .ft. E. 10.919 sq. ft..
C. 24,045 sq. ft. F. hulk. FileI Stt'r;trc Facilities
G. 187. .ft. bv .18 feet .•