Res 1725 10/7/1975RESOLUTION NO. /7„G/
RESOLUTION APPROVING LEASE WITH SOUTHERN
AVIATION, INC. , FOR PARKING AREA AT
MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
That certain lease, a copy of which is attached hereto,
between the City of Wichita Falls and Southern Aviation, Inc. ,
covering an area for vehicle parking for customers of Southern
Aviation, Inc. , is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 7th day of October, 1975.
I;
A YGarRp T E M
ATTEST:
DEPLTTCITY CLERK
LC 1z.lL
ee /2
LEASE AGREEMENT
THIS AGREEMENT made and entered into on this the day of
1975, by and between the City of Wichita Falls , Texas,
a municipal corporation acting by and through its duly authorized officers
hereinafter called "City" and Southern Aviation, Inc. , hereinafter called
Southern".
WITNESSETH :
WHEREAS under date of July 20, 1959, the Secretary of the Air Force
executed a Lease (known as Contract DA-41-443-eng-5551 ) to the City of
Wichita Falls as Lessee, for Municipal Airport purposes , on a tract of
land in Wichita County, Texas containing 50.73 acres , more or less , to-
gether with the Terminal Building located thereon, the original of which
Lease is recorded in Volume 774, page 89, Wichita County Deed Records ,
and the terms of which Lease are incorporated herein by reference; and,
WHEREAS, City operates on such tract of land a public airport known
as Wichita Falls Municipal Airport, said premises hereinafter called
Airport" and,
WHEREAS, Southern desires to lease from City a certain tract of land
on said Airport, and more fully described on a plat attached hereto and
marked Exhibit A and made a part hereof, for the purpose of providing a
parking facility for its customers.
NOW THEREFORE, for and in consideration of the rent, covenants and
agreements herein contained, and subject to the terms and conditions in
the aforesaid lease between the Secretary of the Air Force and the City,
City does hereby lease, demise, grant and l'et to Southern and Southern
does hereby take and lease from City the hereinafter described property,
to wit:
I .
LEASED PREMISES:
One tract of land located west of Hangar Number Two being a
rectangular tract one hundred eighty-seven (187) feet long and eighteen
18) feet wide containing Three Thousand Three Hundred and Sixty-six
3,366) square feet delineated in red on Exhibit A.
II.
PURPOSE:
The leased tract shall be used for the parking (without charge)
of customer vehicles and for no other purpose.
III.
TERM
The term of this lease shall be for a period of three (3) years
commencing on the 10th day of August, 1975 and ending on the 9th day
of August, 1978.
IV.
GROUND RENTAL
Southern agrees to pay City for the use of the above described
tract of land an annual ground rental of Ninety Dollars ($90.00) rep-
resenting 3,366 square feet, which sum shall be paid in advance. The
initial payment shall be due and payable on the 10th day of August, 1975,
and subsequent annual payments on the anniversary date thereof.
V.
RIGHTS OF LESSEE:
Southern shall have the right of ingress and egress to the leased
premises.
VI.
RIGHTS OF CITY
Southern covenants that it shall use the leased area for the free
parking of its customer's vehicles, and for no other purpose and shall
comply with such reasonable regulations as City may require for the
identification of such customer vehicles. Southern further covenants
that it is subject to the terms of the Lease between the Secretary of the
Air Force and the City and that it will abide by such rules as promulgated
by the City regulating the Airport. Southern further covenants that such
customer vehicles as cannot be accommodated within the leased area will be
parked within the public parking area.
2-
VII.
MAINTENANCE:
Southern shall , at its sole cost and expense, maintain the leased
premises and the improvements and appurtenances thereto in a presentable
manner consistent with good business practice, and in a safe, neat,
sightly and good physical condition. Southern shall repair all damages
to said premises caused by its operation thereon; shall maintain and
repair any drainage, installation, paving, curbing4 and improvements and
shall restripe such areas as necessary.
VIII.
SIGNS:
Southern shall not maintain or erect any billboards or advertising
signs, provided that Southern shall , at its own expense, identify the
leased premises as Reserved by signs approved by the City.
IX.
ASSIGNMENT AND TRANSFER:
The leased premises is intended solely for the parking of Southern
customers and any assignment, sale, transfer, or sublease of the premises
or any other use of such premises is expressly forbidden.
X.
INDEMNIFICATION:
Southern shall be solely responsible for the conduct of its opera-
tors, agents, employees and representatives, and agrees to indemnify,
defend, hold and save the City, its authorized agents, officers , rep-
resentatives and employees, harmless from each and every claim and demand
of whatever nature, and against any and all penalties , liability and
annoyance or loss, resulting from claims or court action of any nature
claimed to have arisen directly or indirectly out of acts of Southern or
its agents, servants, guests, employees or business visitors under this
Agreement or by reason of any act, omission or conduct of such person.
3-
L.
XI.
TERMINATION AND CANCELLATION:
a. This lease shall terminate at the full term hereof and
Southern shall have no further right or interest in any
of the ground hereby demised or in any improvements
made thereto.
b. This lease shall be subject to cancellation on the lawful
assumption of the Airport by the U. S. Government, or on
the permanent abandonment of the Airport by 'City.
c. Cancellation
1 . This lease is contingent on the continuance of
Southern's Fixed Base Operator Lease with City, and the
termination of such lease, for whatever cause, shall
immediately terminate this lease without recourse to
City and without compensation for the unexpired portion
thereof. .
2. This lease shall further be subject to cancellation
by City in the event Southern:
a) fails to make annual payments as hereinbefore
agreed within a period of fifteen (15) days after
such payments become due, or
b) file a voluntary petition of bankruptcy, or
c) abandons the demised premises , or
d) defaults in the performance of any of the
covenants and conditions (not enumerated within
this Article X above) to be kept and performed by
Southern and such default continues for a period
of fifteen (15) days after written notice by City.
4-
NOTICES:
Notices to City shall be sufficient if delivered in person or sent
by certified mail , postage prepaid, addressed to: Airport Manager,
Wichita Falls Municipal Airport, Route 4, Box 72-E, Wichita Falls, Texas
76301 ; to Southern if delivered in person or sent by certified mail ,
postage prepaid, addressed to: President, Southern Aviation, Inc. ,
Wichita Falls Municipal Airport, Wichita Falls, Texas 76301 .
IN WITNESS WHEREOF, the parties have hereunto set their hands this
day of 1975.
CITY OF WICHITA FALLS'
1
Gerald G. Fox, City Manager
SOUTHERN N, INC.AVIATI Q
Richard 0. Morrison, President
I
ATTEST:
Wilma J. Thomas, Deputy City Clerk
APPROVED AS TO FORM:
H. P. Hodge, Jr. , City Attorney
w
f,,
n•,
z___;/\
t,\•\
s , \\
t
4..,,Ai
N : n \ 0 ss, ,
Ck•7: N
s: .
Note:
1 ( Leased Area
Approximately
187' x 18'
I,
i _
AVICIIII'A FALLS ,TEXAS
4JJ MUNICIPAL AIRPORT
toe ,•. A
SCALE
EXHIBIT A
II
ij '
C: