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Res 010-83 1/18/1983RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE FIRST AMENDMENT TO LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT TERMINAL BUILDING BETWEEN CITY OF WICHITA FALLS AND BURLINGTON NORTHERN AIR FREIGHT, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain first amendment, a copy of which is attached hereto, to the Lease of Premises, at Wichita Falls Municipal Airport with Burlington Northern Air Freight, Inc. is hereby approved and the City Manager is authorized to execute same for the City of Wichita Falls. PASSED AND APPROVED THIS the 18th day of January 1983. M A Y O R PRO "1 BEM ATTEST: City Clerk FIRST AMENDMENT TO AGREEMENT AND LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT This First Amendment to Agreement and Lease of Premises at Wichita Falls Municipal Airport made and entered into t his the 1st day of February, 1983, by and between the City of Wichita Falls, Texas, hereinafter called City, and Burlington Northern Air Freight, Inc. , hereinafter called Burlington. WITNESSETH: WHEREAS, HERETOFORE City and Burlington entered into an Agreement and Lease of Premises at Wichita. Falls Municipal Airport dated February 1, 1981, and the parties hereto desire to amend such Agreement and Lease. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: 1. Paragraph 1. of such Agreement and Lease is amended to read as follows: 1. City does hereby demise and let unto Burlington, and Burlington does hereby hire and take from City, on a. month to month basis, an area of approximatelyYY 323 square feet within the Terminal Building at the Municipal Airport located at Sheppard Air Force Base at Wichita. Falls, Texas; such 323 square feet is shown on Exhibit A attached hereto. This is part of the same space formerly leased to Metro- flight, Inc. " 2. Paragraph 2 of such Agreement and Lease is amended to read as follows: 2. Burlington shall be authorized to give up its authorized space within the Freight Building effective December 31, 1982. This is amended per their request upon taking over the new Leased area. " 3. Paragraph 9. of such Agreement and Lease is amended to read as follows: L 9. OFFICE-TICKET/COUNTER SPACE - Burlington will pay City a monthly rental of $292.05 per month (which is based on a rate of $10.85 per square foot per annum on 323 square feet). Such rental shall be paid monthly by the end of each month; all rental payments which are not paid by the end of the month shall bear a service charge of 1 1/2 per cent per month, and Burlington shall pay and discharge a all costs and expenses, including attorney's fees, incurred or expended by City in collection of any delinquent amounts due. Office/Ticket Counter Space (323sf @ $10.85/sf/yr) - $3,504.55/yr or $292.05/mo. " 4. Paragraph 10. of such Agreement and Lease is amended to read as follows: 10. It is expressly understood that City will provide and supply adequate heat, lights and electricity within such Terminal Building. " 5. A new paragraph 14. is added, to read as follows: 14. Pedestrian traffic by employees of other airline lessees of City will be allowed behind Burlington's counter space to and from the door to the Freight Building. " 6. Except insofar as it is amended herein, such Agreement and Lease of Premises shall remain in full force and effect. 7. This First Amendment shall be effective as of February 1, 1983. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the day and year first stated above. CITY OF WICHITA FALLS BY Dane J. Bennett ATTEST: Acting City Manager City Clerk BURLINGTON NORTHERN AIR FREIGHT BY: Ch 1 I pI1 r 1 n i 3 c• L Z 6 3 l 1 .,,,, 5 I-- 1 t-( r R1 o, i. y, o a n X 03 I m n y a 1/ 1"7-Al r Z t u wc z G1 0 a._' q) OFtIcL OFFICE x a o a OFFICE 5J - 1 . . I Al 18ur[npTon- cFFIce I3a3 sp.Fr. r 7 1 X • N