Res 2752 4/7/1981RESOLUTION NO. 4474 75 i
RESOLUTION APPROVING LEASE OF PREMISES
AT WICHITA FALLS MUNICIPAL AIRPORT TO
BURLINGTON NORTHERN AIR FREIGHT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain lease of premises at Wichita Falls Municipal
Airport to Burlington Northern Air Freight, a copy of which
is attached hereto, is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita
Falls.
PASSED AND APPROVED this the 72%--iday of
1981.
M A Y O R
ATTEST:
City Clerk
r I%
LEASE OF PREMISES
AT WICHITA FALLS M4UNICIPAL AIRPORT
TO BURLINGTON NORTHERN AIR FREIGHT
This agreement made and entered into this the 1st day
of Febnua'ry, 1981 by and between the City of Wichita Falls,
Texas, hereinafter called"City; and Burlington Northern Air
Inc.
Freight hereinafter called 'Burlington '.
WITNESSETH:
For and in consideration of the mutual covenants herein
contained, the parties hereto do hereby agree 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 approximately 400 square
feet within the Freight Building at the Municipal Airport
located at Sheppard Air Force Base at Wichita Falls, Texas;
such 400 square feet is shown on Exhibit A attached hereto.
This is the same space formerly leased to Metroflight, Inc.
2. Burlington shall be authorized to provide a fenced
area within its authorized space; however, Burlington under-
stands and agrees that vehicular and pedestrian access will
be provided to other users of such Freight Building. Plans
and specifications for such fencing as Burlington shall
desire to erect shall be subject to the approval of the
Airport Manager, which approval shall not be unreasonably
withheld.
3. Burlington will be entitled to use the outside
cargo loading dock at such Freight Building, in common with
other tenants of the Freight Building.
4 . Burlington' s employees will be entitled to use such
vehicular parking space as is provided for employees subject
to the rules and regulations as are applicable to parking at
the airport. A reasonable charge may be made for the use of
such parking space.
5. Burlington will be entitled to install and operate
an advertising sign on the airport premises; the location and
the general type and design of such sign shall be subject to
the approval of the City' s Airport Manager.
6. Burlington' s employees and customers shall have the
full, free and unrestricted access and ingress to and egress
from the premises herein leased.
7. Burlingtonton operates an airfreight transportation system;
the premises herein leased are to be used in connection with
such system. Freight will be delivered to and from the leased
premises by motor vehicles, will be loaded and unloaded, and
will be kept temporarily in the leased area within the Freight
Building.
8 . This lease does not have a fixed term, but shall be
on a month to month basis, and may be terminated by either
party at the end of any month, on thirty days notice.
9. Burlington will pay City a monthly rental of $143. 33
per month (which is based on a rate of $4 . 30 per square foot
per annum on 400 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 all costs and expenses, including attorney' s
fees, incurred or expended by City in collection of any
delinquent amounts due.
10. It is expressly understood that City will provide
and supply adequate heat, lights and electricity within such
Freight .Building.
11. Burlington agrees to observe and obey and to require
all its employees to observe and obey all reasonable rules
and regulations which may from time to time be promulgated
and enforced by City for the conduct and operation of the
airport.
12 . Burlington shall indemnify and hold City harmless
from and against all liability for injuries to persons or
damage to property caused by Burlington ' s negligent use or
occupancy of the leased premises.
2-
13. It is understood that the land on which the Wichita
Falls Municipal Airport is located is owned by the United
States of America, and is leased to the City of Wichita Falls
by the United States; this lease is subject to the terms of
such lease from the United States of America.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year first above
set out.
CITY OF WICHITA FALLS
B Y:
S ua t A. Bach
C y Manager
ATTEST:
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City Cl-rk
BURLINGTON NORTHERN AIR FREIGHT INC.
BY: 11)
Geerge B. Ryan; President
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EXHIBIT A