Res 162-94 10/18/1994ti
RESOLUTION NO. I (D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT TO THE
FIXED BASE OPERATOR'S AGREEMENT WITH SOUTHERN
AVIATION OF TEXAS, INC. ; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS DISCUSSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
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 on behalf of the City of Wichita Falls a
Second Amendment to the Fixed Base Operator's Agreement and
Aircraft Fuel Servicing Contract with Southern Aviation of Texas,
Inc. , in accordance with the terms and conditions of said
amendment, attached hereto and made a part hereof for all
purposes.
SECTION 2 . It is hereby officially 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 18th day of October, 1994.
M A Y O R
ATTEST:
City Clerk
SECOND AMENDMENT TO
FIXED BASE OPERATOR'S AGREEMENT
AND AIRCRAFT FUEL SERVICING CONTRACT
This Second Amendment to Fixed Base Operator's Agreement
and Aircraft Fuel Servicing Contract, made and entered into
this the day of 1994, by and
between the City of Wichita Falls, Texas, hereinafter called
City, " and Southern Aviation of Texas, Inc. , hereinafter
called "Lessee, "
WITNESSETH:
WHEREAS, heretofore the City and Lessee entered into a
Fixed Base Operator's Agreement and Aircraft Fuel Servicing
Contract, hereinafter called "Contract, " dated October 17,
1977, and effective as of October 1, 1977, and the parties
desire to make a second amendment to such Contract.
NOW, THEREFORE, for and in consideration of the mutual
benefits to be derived by the parties hereto, City and Lessee
do hereby agree as follows:
1. Article XI of said Contract is amended to read as
follows:
ARTICLE XI: Maintenance
During the term of this lease, City will be responsible
for all major structural maintenance and repair of buildings
and fuel facilities.
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Lessee shall pay for maintenance needed because of
ordinary wear and tear, including painting of interior and
exterior of buildings as required. Lessee will pay for any
repairs needed on the buildings and fuel facilities due to its
negligence or damages caused by Lessee's operations, but only
to the extent such repairs are not covered by the fire and
extended coverage insurance which is to be provided hereunder
by the City. If Lessee does not perform the required
maintenance and repairs within sixty (60) days of a written
request made by the Airport Manager, the City reserves the
right to enter upon the premises and perform the necessary
work at Lessee's expense.
City shall be responsible for payment of all utilities
natural gas, electricity, water and sewer) applying only to
the function of the Administration Building; however, Lessee
shall bear the sole cost of natural gas and electric service
to the hangar areas.
Lessee shall not make or permit any additions,
improvements or alterations to the property which constitute
any structural change or changes without prior written consent
of City. The request for such consent shall be in writing and
shall have plans of the proposed changes attached. Any
additions or improvements made with consent of City shall be
solely at the expense of Lessee and, unless such consent
provides otherwise, title to the addition or improvement shall
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at all times remain in City and such additions and
improvements shall be subject to all terms and conditions of
this instrument. Lessee agrees to hold the City harmless from
mechanic's and materialman's liens arising from any additions,
improvements, repairs or alterations effected by Lessee. "
2. Article XVII of said Contract is amended to read as
follows:
ARTICLE XVII: Insurance
City agrees to maintain fire and extended coverage on all
buildings and fuel facilities based upon full replacement
value. City agrees to provide said insurance at no cost to
Lessee and name Lessee as coinsured on said policy of
insurance, or arrange with its underwriters to provide a
waiver of subrogation in favor of a Lessee under said policy.
City agrees to provide a certificate of insurance to Lessee
annually confirming such coverage and showing the deductible
applicable.
Lessee shall secure public liability and property damage
insurance, including product liability insurance, in which
City shall be named a joint assured with Lessee. Such
policies of insurance shall protect City and Lessee against
any and all liability for death, injury, loss or damage
against which Lessee has elsewhere in this agreement
undertaken to save and hold the City, and its authorized
agents, officers, representatives and employees harmless from
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and against any and all penalties, liability and annoyance and
loss resulting from claims or court action of any nature and
arising directly or indirectly out of the acts of Lessee, its
agents, servants, guests, employees, business visitors or
others under this agreement or by result of any act or
omission of such persons. Such policies shall be placed with
a company authorized to do business in the State of Texas and
shall have not less than the following limits:
Comprehensive Public Liability (including Products
Liability) for
Bodily Injury (each occurrence) $300, 000. 00
each occurrence/$300, 000. 00 aggregate.
Property Damage $300, 000. 00 each occurrence
aggregate.
Aircraft Liability
For owned aircraft, single limit Bodily Injury and
Property Damage of $1, 000, 000.00, including
passenger coverage.
Student/Renter's Liability
100, 000. 00 each occurrence (required only if Lessee
provides renting services and/or student training
services. )
Hangar Keeper's Liability
100,000. 00 each occurrence.
Motor Vehicle Liability
Bodily Injury (each occurrence) $250, 000. 00 each
person/$500,000. 00 each occurrence.
Property Damage (each occurrence) $300, 000. 00.
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The amounts of said insurance shall not be deemed a
limitation of Lessee's agreement to save and hold the City
harmless, and if Lessee becomes liability for an amount in
excess of the insurance, Lessee will save and hold the City
harmless as the holder thereof. Copies of all such policies
of insurance shall be delivered to City. "
3 . Article XXVIII of said Contract is amended to read
as follows:
ARTICLE XXVIII: Cessation of Operations
Lessee shall, in case of fire or other casualty, give
immediate notice in writing to City who shall thereupon cause
the damage to be repaired as soon as practicable consistent
with contractual provisions with casualty insurance policies,
provided materials, supplies and labor are reasonably
available; if any portion of the premises is rendered unfit
for occupancy, the rent shall be apportioned for the period of
time required to make the repairs, according to the part of
the premises, if any, which remains usable by Lessee. If a
majority of the leased area is destroyed, the City's
obligation to repair shall be limited to the fire or other
casualty policy limit. If the cost of repair is able the
policy limit and the Lessee is unable or unwilling to cover
those additional costs, then the City shall have the right to
cancel the lease. "
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year first above
written.
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Approved as to Form:
City Attorney
SOUTHERN AVIATION OF TEXAS, INC.
By:
President
ATTEST:
Secretary