Res 009-2001 2/6/2001RESOLUTION NO. q - I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT WITH COBRA OIL AND GAS CORPORATION
FOR LEASE OF REAL PROPERTY AT THE WICHITA FALLS
MUNICIPAL AIRPORT; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls operates the Wichita Falls Municipal Airport,
and has received a request from Cobra Oil and Gas Corporation to lease a parcel at
said airport for the purpose of constructing an aircraft storage hangar; and
WHEREAS, the proposed location of this aircraft hangar is in accordance with
the approved airport Master Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a lease
agreement on behalf of the City with Cobra Oil and Gas Corporation, for the purpose of
constructing an aircraft storage hangar, in accordance with the terms and conditions of
said lease agreement, attached hereto and made a part hereof for all purposes.
SECTION 2. That 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 6th day of February 2001.
MAYOR
ATTEST:
4b�
City Clerk
STATE OF TEXAS §
COUNTY OF WICHITA §
LEASE AGREEMENT
This Agreement, dated February 6, 2001, between the City of Wichita Falls
(herein called "Lessor "), and Cobra Oil and Gas Corporation (herein called "Lessee "):
1. Demise. Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, that parcel of land situated in the City of Wichita Falls, Wichita County, Texas,
said parcel being described in Exhibit A (Hangar 6), attached hereto, for the purpose of
constructing an aircraft storage hangar. Such hangar is to be constructed in accordance
with the most current building codes of the City. Prior to construction, Lessee shall
furnish a copy of the plans and specifications for such hangar to the City for its review
and approval. The size of the hangar will not exceed 100 feet by 100 feet.
2. Term. This lease is for a term commencing on February 6, 2001, and
ending on May 14, 2009. Thereafter, this lease may be extended for a series of three
five -year terms. The terms and conditions of each five -year term must be mutually
agreeable to Lessor and Lessee. The above - listed extensions are contingent on the
City and Federal Government continuing the airport lease agreement beyond
May 14, 2009.
3. Rent. The Lessee agrees to pay the Lessor as rental for property during
said term the sum of 38.46 cents per square foot per month, payable each month in
advance. Ramp space will be available at no charge. Improvements to rebuild
automobile parking will be the responsibility of the Lessee. Lessee shall be allowed to
utilize an area of ten feet around the perimeter of the hangar building for parking
purposes without payment of additional consideration.
4. Fuel Facilities. The Lessee may construct fueling facilities in accordance
with approved environmental and City standards for the purpose of refueling Lessee-
owned aircraft only. Sale of fuel to other than Lessee -owned aircraft is prohibited. City
will provide a suitable mutually agreed -to location at the lease rate of 38.46 cents per
square foot per month. A fuel flow rate of 6.0 cents per gallon used will be paid to the
City by the 10th day of the succeeding month. The first 1,000 gallons of fuel usage is
exempt from the 6.0 cent flowage fee.
6. Utilities. Lessee shall pay all public charges, including heat, water,
sewer, electricity, gas, telephone, and other utility services on the premises from the
date of execution of this lease through the term of this lease. Lessee is responsible for
all costs associated with extending sewer, water, electrical, gas, telephone, and other
utility services from the hangar location to the existing services.
6. Maintenance and Repair. Lessee shall, throughout the primary term of
the lease or any extension, at its expense, care for and maintain the buildings, parking
lots, driveways, landscaped areas, and other improvements located upon the premises
and keep them in reasonably good repair and condition, except for ordinary wear and
tear, and damaged caused by an act of God.
7. Alterations. Lessee may erect any improvements or make any alterations
to the structures on the premises as required for business purposes. All alterations,
improvements, and additions to the premises shall be made in accordance with all
applicable laws. Unless otherwise agreed to by the Lessor, upon termination of this
agreement, Lessee will, within sixty (60) days, remove from said premises any and all
buildings, structures, or improvements which are located on the premises on the date of
said termination if the Lessee so desires, or if the City of Wichita Falls so requests.
8. Indemnity. This agreement is made upon the express condition that the
Lessor shall be free from liabilities and claims for damages and /or suits for or by reason
of any kind whatsoever, whether the person or property of Lessee, its agents,
employees or third persons, have any cause or causes whatsoever while in or upon
said premises, or any part thereof, during the term of this agreement, or occasioned by
any occupancy or use of said premises or any activity carried on by Lessee in
connection therewith, and Lessee hereby covenants and agrees to indemnify and save
harmless Lessor from all liabilities, charges, expenses (including counsel fees), and
costs on account of or by reason of any such injuries, liabilities, claims, suits or losses,
however occurring, or damages growing out of same.
9. Assignment. Lessee shall not assign or transfer this agreement nor any
privileges hereunder, and shall not assign or sublet all or any part of the premises
leased hereby, whether voluntarily or involuntarily, without the prior written consent of
the City. If Lessee, without securing prior written approval of the City, attempts to effect
such a transfer, assignment, sublease, or mortgage, or if a transfer occurs by operation
of law, City may terminate this agreement upon written notice to Lessee. If control of
Lessee's corporation is transferred to other parties by notice of sale or transfer of stock,
without the prior written consent of the City, this shall be considered an assignment of
the tease.
10. Termination. Construction must begin within ninety (90) days of the
execution of this lease agreement or the lease is automatically terminated. In the event
of the demise of the principal owner of Cobra Oil and Gas Corporation, this lease is
terminated unless the heirs notify the City within thirty (30) days in writing of their
intentions to comply with the terms of the lease and enter into a new lease agreement
with the same terms and conditions. In the event that a new lease is not entered into,
the heirs shall have sixty (60) days to remove all improvements from the leased
property.
11. Compliance with Laws. Lessee shall comply with all laws, orders, and
regulations of federal, state and municipal authorities, which shall impose any duty
upon Lessor or Lessee with respect to the operation of business thereon. Lessee shall
specifically comply with all environmental regulations and shall not permit the dumping
of spillage of oil, gas, or other contaminants on the leased premises. Lessee shall be
solely responsible for any environmental clean -up of the leased premises and adjacent
areas that may be required by any lawful regulatory agency occasioned by Lessee's
occupancy and use of the leased areas. Lessee, at its expense, shall obtain all license
or permits that may be required for the conduct of its business within the terms of this
lease, or for alterations, improvements, or additions which Lessee may desire to make.
IN WITNESS WHEREOF, the said parties have caused this lease to be executed
on the day and year first above written.
Attest:
City Clerk
Approved as to Form:
Assistant City Attorney
By:
Title:
STATE OF TEXAS §
COUNTY OF WICHITA §
LESSOR
CITY OF WICHITA FALLS
James Berzina, City Manager
City of Wichita Falls, Texas
LESSEE
COBRA OIL AND GAS CORPORATION
This instrument was executed before me on this day of ,
2001, by Jim Berzina, City Manager for the City of Wichita Falls, a municipal
corporation, on behalf of said City.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of ,
2001, by for
Cobra Oil and Gas Corporation, on behalf of said Corporation.
Notary Public, State of Texas