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Res 2076 1/17/1978RESOLUTION NO. cge% RESOLUTION APPROVING AMENDMENTS TO LEASE AGREE- MENTS AT MUNICIPAL AIRPORT WITH TEXAS INTERNATIONAL AIRLINES, INC. , CONTINENTAL AIR LINES, INC. AND RIO AIRWAYS, INC. , CONCERNING SPACE IN BAGGAGE CLAIM AREA. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The First Amendment to the lease agreement with Texas International Airlines, Inc. , the Second Amendment to the lease agreement with Continental Air Lines, Inc. , and Amend- ment Number Three to the lease agreement with Rio Airways, Inc. , copies of which are attached hereto, all of which concern the use and rental for the baggage claim area at the Terminal Building at the Municipal Airport, are hereby approved, and the City Manager is authorized to execute each of them for the City of Wichita Falls. PASSED AND APPROVED this the 17th day of January, 1978. 1i_ AO ATTEST: s City Clerk AMENDMENT NUMBER THREE TO LEASE AGREEMENT WHEREAS, heretofore the City of Wichita Falls and Rio Airways, Inc. entered into a lease agreement dated September 20 , 1973 , concerning use of the Wichita Falls Municipal Airport; and, WHEREAS , the parties desire to amend such agreement with regard to the use by Rio of baggage reclaim space in the passenger terminal building. NOW, THEREFORE , the parties hereto do hereby agree that such lease agreement shall be amended as follows : 1. Article I of such lease agreement is amended by adding thereto a new section (B. l) which shall read as follows : B. 1) BAGGAGE RECLAIM SPACE IN PASSENGER TERMINAL BUILDING. The use, in common with other scheduled airlines serving Wichita Falls , of approximately 650 square feet of space designated as 'Baggage Claim Area' on Exhibit C attached hereto. " 2. Section (C) of Article III of such lease agreement is amended by adding to the end of such Section (C) the . following: In addition to the monthly rental payable to City for space leased pursuant to Article I (B) and (C) , Airline will pay the City a monthly rental for its use of the baggage claim area pursuant to Article I (B. 1) on the follow- ing basis : For Airline' s prorated share of 650 square feet in the Baggage Claim Area, at an annual rate of $3 . 63 per square foot per annum, the proper share will be prorated as follows: Twenty percent (200) of the total monthly charge shall be divided equally among all the airlines having the right to use the baggage claim area. Eighty percent (80%) of the total monthly charge shall be apportioned among all said airlines so that each pays the proportion thereof which the number of its passengers enplaning at the airport during each calendar month bears to the total number of enplaning passengers on all said airlines during each calendar month. Since the total enplaning passengers is not known until after the end of the month, such rental on the Baggage Claim Area will be invoiced in arrears and is payable in all other respects as shown in Article III (A) . " 3 . This amendment is effective January 1, 1978 . 4. It is understood and agreed that this amendment shall in no way change or affect any other provision of such lease agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the 17th day of January, 1978. City of Wichita Falls , Texas ATTEST: By: Gerald G. Fox, City Manager Wilma J. Thomas , City Clerk Approved as to form: H. P. Hodge, Jr. , City Attorney Rio Airways, Inc. BY : Mark S. Connell, President ATTEST: Secretary 2 -