HomeMy WebLinkAboutRES 880256i-
Resolution No. -8802.
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND GALE AND DIANE MANNING TO LEASE 13,500 SQUARE FEET (.031 ACRES) OF LAND
LOCATED AT THE GEORGETOWN MUNICIPAL AIRPORT, GEORGETOWN, TEXAS, AND AUTHORIZING
THE MAYOR TO EXECUTE THE SAME AND THE CITY SECRETARY TO ATTEST.
WHEREAS, the City of Georgetown, Texas has property available to be leased at
the Georgetown Municipal Airport; and
WHEREAS, Gale and Diane Manning desire to lease such property for the purposes
of construction of hangars for aircraft storage only; and
WHEREAS, Gale and Diane Manning are currently leasing 13,500 square feet (.031
acres) adjoining the proposed land to be leased for the purposed of aircraft
repair and restoration; and
WHEREAS, the Airport Advisory Board has reviewed the terms of this agreement and
recommends the acceptance of these terms in the agreement; and
WHEREAS, the City desires to lease 13,500 square feet (.031 acres) of property
to Gale and Diane Manning and Gale and Diane Manning agree to lease such
property under terms and conditions set forth in the lease agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS.
Section I. That the City Council finds the recitals set forth above are true
and correct and are incorporated herein for all purposes.
Section II. That the City Council approves the lease agreement between the
City of Georgetown and Gale and Diane Manning to lease 13,500 square feet (.031
acres) of land at the Georgetown Municipal Airport which agreement is attached
hereto and incorporated herein, as if fully set forth at length.
Section III. That the Mayor is hereby authorized to sign the agreement and the
City Secretary to attest.
Passed and approved this
Approved:
}
Tim Kennedy, Mayor
day of ,
Attest;
W,City Secreta
Approved as to forms
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Diane Caliafder, City Attorney
STATE OF TEXAS H
H KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIAMSON )(
LEASE AGREEMENT
WHEREAS, The City of Georgetown, Texas, is the owner of the
Georgetown Municipal Airport, ,existing in the Corporate Limits
of the City of Georgetown, by virtue of an agreement with the
United States relative to development, operation and maintenance
of the Georgetown Airport dated the 9th day of February, A.D.
1942, to which reference is hereby made, and by such reference
WHEREAS, Gale Manning and wife, Diane Manning, and the City
of Georgetown desire to enter into a lease agreement covering a
part of said airport property under the terms, conditions and for
the consideration as follows,:
W I T N E S S E T H:
1) DEMISED PREMISES: The City of Georgetown (hereinafter
referred to as LESSOR), hereby leases to Gale Manning and wife,
Diane Manning (hereinafter referred to as LESSEE), and LESSEE
rents from LESSOR 13,500 square feet more or less (approximately
901 by 1500) of unimproved land shown by a metes and bounds
description attached hereto as Exhibit A and incorporated herein
for all purposes.
Airport Property attached hereto as Exhibit B and incorporated
herein for all purposes.
2) CONSIDERATION: LESSEE shall pay the sum of Seventy Eight
and 75/100 Dollars ($78.75) per month ($.07 per square foot per
year) for said lease premises with the first months' rental paid
in advance. Thereafter such rental shall be paid monthly in
advance due and payable on the first of each month beginning on
the first day of the first month following the effective date of
this lease agreement. The rental rate shall be adjusted at the
and of each five-year period. according to the consumer Price
Index for Dallas, Texas. said adjustment shall be for each year
kut at • time will the rental rate ever increase more than eight
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ti y
STATE OF TEXAS H
H KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIAMSON )(
LEASE AGREEMENT
WHEREAS, The City of Georgetown, Texas, is the owner of the
Georgetown Municipal Airport, ,existing in the Corporate Limits
of the City of Georgetown, by virtue of an agreement with the
United States relative to development, operation and maintenance
of the Georgetown Airport dated the 9th day of February, A.D.
1942, to which reference is hereby made, and by such reference
WHEREAS, Gale Manning and wife, Diane Manning, and the City
of Georgetown desire to enter into a lease agreement covering a
part of said airport property under the terms, conditions and for
the consideration as follows,:
W I T N E S S E T H:
1) DEMISED PREMISES: The City of Georgetown (hereinafter
referred to as LESSOR), hereby leases to Gale Manning and wife,
Diane Manning (hereinafter referred to as LESSEE), and LESSEE
rents from LESSOR 13,500 square feet more or less (approximately
901 by 1500) of unimproved land shown by a metes and bounds
description attached hereto as Exhibit A and incorporated herein
for all purposes.
Airport Property attached hereto as Exhibit B and incorporated
herein for all purposes.
2) CONSIDERATION: LESSEE shall pay the sum of Seventy Eight
and 75/100 Dollars ($78.75) per month ($.07 per square foot per
year) for said lease premises with the first months' rental paid
in advance. Thereafter such rental shall be paid monthly in
advance due and payable on the first of each month beginning on
the first day of the first month following the effective date of
this lease agreement. The rental rate shall be adjusted at the
and of each five-year period. according to the consumer Price
Index for Dallas, Texas. said adjustment shall be for each year
kut at • time will the rental rate ever increase more than eight
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said rental be reduced. The rental rate, as adjusted, shall then
be applicable for the next succeeding five (5) years subject to
like adjustments. Additionally,,• each five (5) years Lessor shall
reconsider Lessee's insurance obligations set out in paragraph 11
hereof and may increase said coverage requirements if deemed
necessary by Lessor to maintain the same level of protection.
3) PURPOSE: The purpose of this lease is for the
construction of hangars for aircraft storage only. Prior to any
other use, Lessee shall secure the prior written consent of
Lessor.
4) EASEMENT OR ACCESS: LESSOR shall also provide easement or
access from leased'. premises to existing taxiway at no cost to
LESSEE. LESSEE may construct taxiway from the existing asphalt
taxiway diagrammed on Exhibit B to the leased premises at a
location to be determined between LESSEE and LESSOR prior to
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construction of improvements and/or hanger facilities. Before
construction begins LESSEE shall be obligated to secure in
writing the consent of LESSOR as to such location.
5) TERM OF LEASE: The term of this Lease for the property
described in Exhibit A, shall begin on the date this Lease is
approved by the Federal Aviation Administrator, and the City of
Georgetown, and shall continue through June 30, 2001 unless
sooner terminated or extended as hereinafter provided. At the
expiration of the primary term of this Lease, and LESSEE not
being in default in any rental payments required to be paid and
obligations required to be conducted by the terms of this Lease,
LESSEE shall have an option to renew the Lease for an additional
ten (10) years beginning the 1st day of July, 2001 A.D. Said
renewal lease shall be based upon the conditions specified
herein and upon the rent schedules and increases as stated in
Paragraph Two. LESSEE shall give to LESSOR notice of its
intention to exercise said option in writing on or before ninety
(90) days prior to the end of the initial lease term. As
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consideration for the option to renew this lease or any part
thereof, for an additional ten (10) year period, LESSEE agrees
that upon the expiration of such renewal term or due to
termination of lease by LESSOR because of default after the
renewal period begins all permanent: improvements located on the
lease premises shall become the property of LESSOR and that
LESSEE shall timely and peaceably vacate the premises with any
holding e • be as a tenant at will.
In the event LESSEE elects not to extend the term of this
Lease for an additional ten (10) year period on or before ninety
<M expiration_ hereof
event of termination during the initial term, or any extended
period thereof, as ,provided for in Paragraph 15, then the LESSOR
shall have the option to purchase from Lessee or its assigns all
improvements situated on the leased premises at their then market
value as determined 15y a competent appraisal agreed upon by the
LESSOR and LESSEE. Should LESSOR not elect to purchase such
improvements the expense of obtaining such appraisal shall be
borne by LESSOR, and LESSEE, at LESSEE's option, shall have the
right to remove the improvements from the premises save and
except the building foundations and hanger foundations, ramps,
taxiways and fences, if any. Upon removal of any improvements,
Lessee agrees to restore the premises to an orderly, and where
necessary, graded manner.
6) USE OF AIRPORT FACILITIES: During the term of this
Lease, the LESSOR agrees that LESSEE shall have unrestricted
access to the runways and taxiways now in existence on the
jurisdictionGeorgetown Municipal Airport to the same extent that any other
parties may have use thereof, subject to reasonable rules and
regulations and non-discriminatory charges that may be imposed
for use of the Airport facilities by the LESSOR, the Federal
Aviation Administration, or any other governmental entity having
or a •. over •... such er
is understood and agreed by and between the parties hereto, that
the continuing use of the Georgetown Municipal Airport as an
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airport for general aviation is essential to the operation of
LESSEE, and that failure to continue the use of the airport for
airport and aviation purposes shall constitute a default in the
Lease Agreement; and upon giving notice by LESSEE to LESSOR of
such default and failure to cure such default within thirty (30)
days after the giving of such notice, this Lease shall terminate
and end as of the date 120 days after such notice shall have been
given; and LESSEE shall thereupon be released from and relieved
of all further obligations thereafter to accrue hereunder.
LESSEE's remedy shall be limited to such cancellation.
7) MAINTENANCE: Maintenance of the runways, taxiways and
unoccupied property of the Georgetown Municipal Airport except
for the premises demised and leased by LESSEE, shall remain the
obligation of the LESSOR: PROVIDED, HOWEVER that LESSOR shall
only be obligated to use airport revenue funds for such purpose
and it shall never have the obligation to use general, operating,
or bond funds for this purpose.
8) COVENANTS OF LESSOR: In addition to the other required
specifications above: LESSOR agrees that an adequate power line
will be furnished and constructed to the boundary line of the
lease property form the present services system of the City of
Georgetown Utilities in this area if one does not currently exist
and is available to the property. LESSOR shall extend a water
line from the nearest City water main to the lease site as shown
in Exhibit "B", of sufficient size to meet the demands of LESSEE
and provide for fire protection if one does not currently exist
and is available to the property, and LESSEE shall further have
the right to construct any septic system thereon, which may be
required to meet its demands. Any water, sewage lines, or other
lines or other utility equipment required by LESSEE (other than
that which is the obligation of LESSOR herein) shall be furnished
and constructed at the LESSEE'S sole expense, and shall meet the
standards of the City of Georgetown, State of Texas and other
governmental agency with jurisdiction, if any.
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9) COVENANT OF TITLE, AUTHORITY, AND QUIET POSSESSION:
CESSOR represents and warrants that LESSOR has full right and
lawful authority to enter into and perform the LESSOR'S
obligations under this Lease for the full term as stated above,
and all extensions here provided, and has title to the demised
premises as shown by the Indenture between the United States
Government and the City of Georgetown, which has been made a part
hereof by reference. LESSOR further covenants that if LESSEE,
shall discharge the obligations herein set forth to be performed
by LESSEE, LESSEE shall have and enjoy, during the terms hereof,
and all extensions herein provided, quiet and undisturbed
possession of the of the demised premises and all appurtenances
appertaining thereto, together with the right to use the runways
and taxiways of the airport facility as contemplated herein.
PROVIDED, HOWEVER, that this Lease is subject to the prior review
and concurrence of the Federal Aviation Administrator, and the
right of the United States of America to have exclusive or non-
exclusive use, control and possession without charge, of the
airport or any portion thereof, during periods of National
Emergency; and further, subject to the right of the FAA and
United Stats Government under such agreement including the right
to take a portion of the airport premises for air traffic control
activities, weather reporting activities or communication
activities related to air traffic control, all as provided in
10) CONSTRUCTION OF —IMPROVEMENTS: All improvements and
alterations made by LESSEE on the premises are subject to
reasonable approval by LESSOR in writing, prior to construction
to determine that such construction is in accordance with the
various building ordinances, electrical codes, zoning and
subdivision regulations and the uses and purposes contemplated by
this Lease Agreement, and that the same will not constitute a
fire or safety hazard or interference in the use of the remainder
of the Georgetown Municipal Airport by the general aviation
public, PROVIDED, HOWEVER, that such consent shall not be
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unreasonably withheld by LESSOR. Lessee shall have up to two (2)
years from date of execution hereof to obtain a building permit
or building permits to construct approved hangars and up to three
(3) years from date of execution hereof to construct said
hangars.
11) INSURANCE: LESSEE shall maintain, at its own cost and
expense: (a) public liability insurance on an occurrence basis,
with minimum limits of liability in an amount of $500,000.00 for
bodily injury, personal injury or death to any one person;
$1,000,000.00 for each occurrence; and $500,000.00 for damage to
property; (b) fire insurance in an amount adequate to cover
eighty percent (80%) of the cost of replacement of any
improvements on demised premises in the event of fire, extended
coverage, vandalism or malicious mischief and special extended
coverage. LESSOR shall be shown thereon as a co-insured party,
and such insurance policies shall contain the endorsement that
such insurance may not be cancelled or amended with respect to
LESSOR, without thirty (30) days' written notice by registered
mail to LESSOR, by the insurance company, and that LESSEE shall
be solely responsible for the payment of premiums. LESSOR shall
not be required to pay any premiums for insurance, and in the
event of payment of any loss covered by such policies, LESSOR
shall be paid first by the insurance company for its loss. Any
insurance policy herein required or procured by LESSEE shall
contain an express waiver of any right of subrogation by the
insurance company against the LESSOR. The original policy of all
such insurance shall be delivered by LESSEE to LESSOR, within
thirty (30) days for the inception of such policy by the
insurance company. The minimum limits of insurance is subject to
change as hereinbefore provided and same shall not limit LESSEES
liability under this lease. Notwithstanding other provisions
herein contained, LESSOR may cancel this lease with or without
notice to LESSEE should LESSEE'S insurance lapse for any cause.
LESSOR may elect to reinstate and revive such lease after such
insurance obligation is cured by LESSEE.
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LESSEE Consents, agrees and understands that LESSEE is
leasing an adjacent and adjoining tract of land under a lease
With LESSOR and as long as LESSEE is using both leased tracts to
conduct business that any insurance obtained may cover both
properties without the necessity of a single insurance policy on
each separate tract. Should however LESSEE assign either lease or
either lease shall be terminated and LESSEE shall coiduct
business on only one tract the same insurance provisions shall
continue to prevail and be required.
12) INDEMNITY:
A. LESSEE shall indemnify and'hold LESSOR harmless from
any and all liability, suits, actions and the expenses that may
arise therefrom that is in any way related to LESSEE'S operation
or the condition of said /leased premises. The parties hereto
intend by this provision to place LESSEE in the position of both
owner and operator of'said premises.
B. LESSEE shall occupy the demised premises and all other
portions of the Georgetown Municipal Airport at its own risk, and
releases LESSOR, to the full extent permitted by law, from all
claims of every kind resulting in loss of life, personal or
bodily injury or property damage except for those caused
intentionally by LESSOR or its agents, servants or employees;
and,
C. LESSOR shall not be responsible or liable at any time,
for any loss or damage to LESSEEIS merchandise, equipment,
fixtures, machinery, airplanes or airplane parts or any other
personal property of LESSEE or to LESSEE'S business on or upon
the demised premises; and
those claiming by, through or under LESSEE, for any loss or
damage to either the person or property of LESSEE that may be
occasioned by or through the acts or omissions of any persons,
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E. LESSOR shall not be responsible or liable for any defect,
intentional or otherwise, in any building in the Airport area, or
of the equipment, machinery, utilities, appliances or apparatus
therein or thereupon nor shall- it be responsible or liable for
any injury, loss or damage to, any person or to any property of
LESSEE, or any other person caused by or resulting from any
bursting, breakage, or by or from leakage, steam or snow or ice,
running, backing up, seepage or the overflow of water or sewage
in any part of said premises, or for any injury of damage caused
by or resulting from any defect, intentional, patent, latent or
otherwise, or negligence in the occupancy, construction,
operation, or use of any of said buildings, equipment, machinery,
utilities, appliances or apparatus by any person or by or from
the acts of negligence of any occupant of the Airport. LESSEE
acknowledges it has carefully inspected the premises and accepts
them as fit for the purposes of this lease.
F. LESSEE shall give prompt notice to LESSOR in case of fire
or accidents in the demised premises or of defects in the
runways, taxiways, lighting systems or other airport operations
of which LESSEE may be aware.
13) REETBag=: If the improved premises shall be
partially damaged by any casualty insurable under LESSEE'S
insurance policy, LESSEE shall, upon receipt of the insurance
proceeds, repair the same. If the demised premises (a) by reason
of such occurrence are rendered wholly untenantable, or (b)
should be damaged as a result of a risk which is not fully
covered by LESSEE'S insurance, LESSEE shall either (a) repair or
rebuild the damaged improvements to the extent of available
insurance proceeds or (b) terminate this Lease and assign the
insurance proceeds to LESSOR.
14) CONDEMNATION:
A. TOTAL: If the whole of the demised premises shall be
acquired or taken by eminent domain for any public or quasi -
public use or purpose, then this Lease and the term herein shall
cease and terminate as of the date of title vesting in sucM
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proceeding, and LESSEE will be compensated out of the
Condemnation Award, for the improvements placed thereon by
LESSEE.
B. PARTIAL: If any part of the demised premises, or all or
part of the Georgetown Municipal Airport shall be taken as
aforesaid, and such partial taking shall render that portion of
the demised premises not so taken unsuitable for the business of
LESSEE, then this Lease and the term herein shall cease and
terminate as aforesaid. If such partial taking is not extensive
enough to render the premises unsuitable for the business of
LESSEE, then this Lease shall continue in effect, except that the
minimum rental, shall be reduced and adjusted in an appropriate
manner.
C. Should any action under this paragraph render the entire
airport property unsuitable or unusable as a General Aviation
airport such action would automatically render LESSEE'S property
unsuitable.
D. If this Lease is terminated as provided in this
paragraph, rent shall be paid up to the date the possession is so
taken by the public authority, and LESSOR shall make an equitable
refund of any rent paid by LESSEE in advance.
E. Award: LESSEE shall not be entitled to and expressly
waives all claim to any condemnation award made to LESSOR for any
taking, whether whole or partial, and whether for diminution in
value of the leasehold or to the fee, although LESSEE shall have
the right, to the extent that the same shall not reduce LESSOR'S
award, to claim from the Condemnor, but not from the LESSOR, such
compensation as may be recoverable by LESSEE in its own right for
damage to LESSEE'S business and fixtures.
15) DEFAULT:
A. If LESSEE fails to pay any rental or other payment due
hereunder, or upon its failure to perform any other of the terms
of this Lease to be observed or performed by LESSEE on its part
to be observed or performed, or if LESSEE shall become bankrupt,
or insolvent, or have against LESSEE in any court, pursuant to
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any statute either of the United States or of the State of Texas,
a petition in bankruptcy or insolvency, or for reorganization or
for the appointment of a Receiver or Trustee of all or a portion
of LESSEES property, or if LESSEE makes an assignment for the
benefit of creditors, or petitions for or enters into an
agreement, or suffers this Lease to be taken under any Writ of
Execution or Attachment, or if this Lease shall pass to or
dissolve upon by law or otherwise, on someone other than LESSEE,
except as herein provided, then, in any one or more of such
events, upon LESSOR serving thirty (30) days written notice of
cancellation upon LESSEE specifying the nature of said default,
and if, at the expiration of said thirty (30) days LESSEE shall
fail to remedy such default, then this Lease and the terms
thereunder, shall, at the option of LESSOR terminate and come to
an end on the date specified in such notice of cancellation, and
LESSEE shall quit and'surrender the demised premises to LESSOR as
if the term hereunder ended by the expiration of the time fixed
herein, and the LESSEE shall remain liable for any unpaid rent
and all other charges up to the date of termination.
B. If the LESSOR shall be in default in performing any of
the terms or provisions of this Lease required on its part to be
performed, and LESSEE shall give LESSOR notice in writing of
such default, and if the LESSOR shall fail to cure such default
within thirty (30) days after service of such notice, then and in
such event, this Lease shall be terminated and cancelled.
Termination by LESSOR or LESSEE, if any, for any cause, shall be
subject to the provisions of Paragraph 6 hereof.
C. Notwithstanding the foregoing LESSOR understands that
LESSEE will obtain from a lending institution financing for the
erection of the initial improvements and any other improvements
or additions. LESSOR expressly agrees that in the event LESSEE
defaults in his obligation to any such lender, or its assigns,
then'LESSOR may at LESSORIS option assume LESSEE'S obligation on
real property improvement on leased premises or waives all
requirements contained in this Lease relative to notices,
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assignments, and any other requirements which
would limit or
impair the assignability of this agreement and does hereby
covenant with the Lender or Lenders, or its assign, that in the
event of such default or foreclosure, lender, or its assigns,
shall be in the position of LESSEE regarding this Lease Agreement
covenant Or Condition of this agreement shall not constitute a
waiver of any subsequent breach of covenant or condition
contained herein. LESSORS subsequent acceptance of rent shall
not constitute a waiver of any proceeding breach by LESSEE of a
covenant or condition of this Lease.
.17) MRAT19N of THE AIRPORT:
A. LESSOR reserves the right to operate the airport in
accordance with the obligations to the Federal or State
to the same and full extent as if said lender or its assign's
name appeared in said Lease in lieu of the name of LESSEE and
that said lender, or its assigns, may deal with third parties and
may assign all rights, titles and interests herein created in
favor of said lender or lenders or its assigns.
16) ASSIGNMENT: LESSEE will not assign this Lease or any
interest herein or sublet the premises or any portion thereof or
any right or privilege appurtenant thereto or allow any person
other than his agents and employees to occupy or use the premises
or any part of them without first obtaining the LESSOR'S written
consent thereto. LESSOR'S consent to one assignment, sublease or
use shall not waive/ LESSORS required consent to any subsequent
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assignment or sublease or occupancy or use by any other person.
Any unauthorized assignment or sublease shall be null and void
and shall terminate this Lease at LESSOR'S option. LESSEE'S
interest in this Lease is not assignable by operation of law
without consent of LESSORS written consent. Holding over by
LESSEE with or without consent of LESSOR after termination of the
Lease shall be treated as tenancy from month to month at monthly
rental payable in advance, of an amount to be determined by
LESSOR. This provision shall not be construed as giving LESSEE
any right to hold over. LESSOR'S waiver of LESSEE'S breach of
covenant Or Condition of this agreement shall not constitute a
waiver of any subsequent breach of covenant or condition
contained herein. LESSORS subsequent acceptance of rent shall
not constitute a waiver of any proceeding breach by LESSEE of a
covenant or condition of this Lease.
.17) MRAT19N of THE AIRPORT:
A. LESSOR reserves the right to operate the airport in
accordance with the obligations to the Federal or State
Government under any of the agreements for which aid for
development was granted; PROVIDED, HOWEVER, if such operations
restrict the operation of LESSEE on the demised premises
appropriate rental reductions shall be negotiated. In the event
that appropriate rental reductions cannot be negotiated between
the parties hereto, then in such event, this Lease can be
terminated in accordance with the provisions of Paragraphs 5 and
RMM_,�
B. It is specifically understood and agreed that nothing
contained herein shall be construed as a granting or authorizing
the granting of an exclusive right for exercising of an
aeronautical activity, nor to conduct any activity which is
discriminatory.
C. LESSOR reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport
against obstruction s."and additionally to limit the LESSEE from
erecting or permitting to be erected, any building or structure
on the airport and on the demised premises that would limit the
usefulness of the airport or that would constitute a hazard to
aircraft. Height locations shall be specifically spelled out
based upon location of the demised premises and safety
requirements of Federal and State governments and aviation
administrations.
D. LESSOR reserves the right to further develop the airport
as it sees fit regardless of the desires of the LESSEE, and
without any hindrance or interference from such LESSEE.
LESSOR expressly reserves the right to grant to others
additional leases and privileges with the respect to said airport
facility even though the purposes for which such additional
leases are given are the same and duplicates those contained in
E. This Lease shall be subordinate to provision of any
existing or future agreements entered into by and between the
LESSOR And the Federal or State Government for the improvement,
operation And maintenance of the Airport, Provided, that if such
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agreements restrict the operation of the demised premises,
appropriate rental reductions shall be negotiated. In the event
that such appropriate rental reductions cannot be negotiated,
then this Lease can be terminated in accordance with the
provisions hereof.
F. The use of the subject premises by LESSEE shall be
restricted to those connected with aviation purposes or aviation
related purposes, except for uses expressly excluded hereby.
G. LESSEE, having paid all rentals and not in default
thereof, shall be given a reasonable time, not to exceed thirty
(30) days after the termination of this Lease, to remove all of
LESSEE'S personal property.
H. LESSEE shall be responsible for all maintenance, repairs
and upkeep of the improvements, grounds and utilities upon the
demised premises.
1. The operation of LESSEE'S business upon and about the
airport facility and upon the demised premises, shall be subject
and in conformance with all State, Federal and City Ordinances
and regulations.
J. During the terms of this agreement, LESSEE will pay all
utilities used on said premises. it is understood that during the
term hereof LESSEE shall pay ad valorem taxes on the value of all
improvements placed thereon by LESSEE and all other property of
value located on said premises owned by LESSEE.
K. The LESSEE, it agents and employees, will not
discriminate against any person or class of persons by reason of
race, color, creed or national origin in providing any service or
in the use of its facilities provided for the public, in any
manner prohibited by Part 21 in the Federal Aviation Regulations.
L. LESSEE agrees that the expenses incident to this
agreement shall be paid by LESSEE including the original survey
expense, expense of publication and the LESSOR'S legal expense.
All 'other costs and expenses incurred by LESSOR relative to this
transaction shall be paid by LESSEE.
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18) HOTICEi. Notice shall be deemed as having been given when
City of GdorqetoWnj City Hallo Georgetownj Texas 78626 0
Gale Manning or Diana Manning, 1129 Bootys Crossing Roal
Georgetown, Texas 78628
Should either of the parties desire to change this address
f or notice purposes, it shall be incumbent upon ithe par+R
desiring such change to deliver the new address to the oth
patty in writing And to s6dure 4 w I ritten consent to such chan]
before such change shall be effective. Change of mailing address
for purposes of notice shall not be unreasonably withheld by
either party.
19) MISCELLANEOUS:
A. The headings and subtitles contained in this Lease are
for the purpose of clarification and in no way are det6rrainativ
of the intents and purposes of the lease or the dbhdltlbhs stat
B. If any part or portion of this Lease is found to be
illegal or void it shall not affect the intent and tenure of the
entire lease. The remaining lease provisions shall continue to
have full legal force and effect.
Co It is agreed that this Lease mav be executed in multip
copies each having the force atd effect of at original.
D. The term "Lessee,, shall mean Gale Manning, Diana Mannin�j
their agents, representatives, employees, visitors and assigns.
E. The term "Lessor" shall mean the City of Georgetown, its
officers, employees, representatives, agents and assigns.
F. Venue. In the event of a breach of this Agreement,
whether in whole or partj venue for any and all causes of acti
shall be instituted and maintained in Williatzon County, I
IV
20) A. LESSEE agrees to operate the premises leased for the
use and benefit of the public.
1) To furnish good, prompt, and efficient services
adequate to meet all the demands for its service at the airport.
2) To furnish said service on a fair, equal, and non-
discriminatory basis to all users thereof; and
3) To charge fair, reasonable, and non-discriminatory
prices for each unit of sale or service, provided that the LESSEE
may be allowed to make reasonable and non-discriminatory
discounts, rebates, or other similar types of price reductions to
volume purchaser.
B. The LESSEE, his agents and employees will not
discriminate against any person or class of persons by reason of
race, color, creed or national origin in providing any services
or in the use of any of its facilities provide for the public,
in any manner prohibited by Part 21 of the Federal Aviation
Regulations.
The LESSEE further agrees to comply with such enforcement
procedures as the United States might demand that the LESSOR take
in order to comply with the Sponsor's Assurances.
C. It is clearly understood by the LESSEE that no right or
privilege has been granted which would operate to prevent any
person, firm or corporation operating aircraft on the airport
from performing any services on its own aircraft with its own
regular employees (including, but not limited to, maintenance and
repair) that it may choose to perform.
D. It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an
exclusive right.
M
E. The provisions of this lease and a lease dated June 30,
1981 by and between LESSOR herein and McKinney & Moore, Inc. and
which lease was assigned to LESSEE'S herein by instrument dated
December 31, 1987, contain substantially the identical provisions
and it is the intent of the parties hereto that the basic
agreements of said leases shall run concurrently. it is agreed
and understood that default by Lessee in the terms, duties and
obligations of either this lease or the referenced lease shall
constitute default of both of said leases and LESSOR may exercise
its remedies as though said leases were one single lease,
provided however LESSOR may, should it so desire, permit the
assignment of, either lease to another party by expressly
approving any such assignment and separation of the said leases.
EXECUTED on this the 9th , day of June , 1988.
CITY OF GEORGETOWN
ATTEST: BY:
LETA WILLOUGHBY, city secretary
TIM KE DY, MAYOR
DI M)PXN'f 9G
STATE OF TEXAS
COUNTY OF WILLIAMSON H
This instrument was acknowledged before me on the day
of r 19 _, City of Georgetown, by Tim Kennedy,
Mayor.
STATE OF TEXAS
COUNTY OF WILLIAMSON H
This instrument was ackno,
of June 19 88 by
RM
Notary Public, state of Texas
printed name:
commission expires:
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged befAK
'I on the 9th ay
Marin
of June 19 88 b i �n me
V_ Diana Mar
anyd!ric,'gtra� of Texas
am
Printe e: RO . F. B. MORSE
commission expires: 12-20-88
17
BEING a 0.31 acre tract of land situated in the David WrighJ3
Survey, Abstract No. 13, Williamson County, Texas, and being -
part of that certain tract of land conveyed from J.F. Hausenflu
to the City of Georgetown as recorded in Volume 312, Page 121
Deed Records, Williamson Countyt Texas, and being mo -
a.: described as foll6ws:
BEGINNING at an iron pin at the 8E corner of a )m acre tract•
land originally leased to McKinney and Moorej Inc. by the Cityt.
Georgetown by instrument dated JUne 30, 1981 and which corner
S 17 deg 31# W 2150.00 feet and S 17 deg 361 3011 E 90 feet fr
the NE corner of the said City of Georgetown property and whi
is the NE corner hereof;
THENCE S 17 deg 361 3011 E 90 feet to an iron pin for the
corner hdreoff
THENCE S 72 deg 231 30-1 W 150 feet to an iron pin for the
corner hdreof.6
THENCE N 17 deg 361 3011 W 90 feet to an iron pin for the
corner hereof;
THENCE N 72 deg 231 3011 E 150 feet to the PLACE OF BEGINNING and
containing 0.31 acres of land.
The said referenced tract is that tract shown as the R. A. Gailey
tract on the attached Exhibit "B".
M
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