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<br />! <br /> <br />· AGREEMENT AND IB.sl' ORIGINAL <br />FOR FIXED BASE OPERATIONS <br />AT <CITY OF LA PORTE MUNICIPAL AIRPORT <br /> <br />THIS AGREEMENT AND LEASE, made and entered into effective the <br />7th day of July, 1997, by and between the City of La Porte, a <br />municipal corporation organized and existing under the laws of the <br />state of Texas, hereinafter referred to as "Lessor" and Cliff Hyde <br />Flying Service, Inc., a Texas business corporation, hereinafter <br />referred to as "Lessee." <br /> <br />WIT N E SSE T H: <br /> <br />WHEREAS, the Lessor controls and operates an airport known as <br />La Porte Municipal Airport, located in the City of La Porte, State <br />of Texas, which airport and any additions or improvements thereto <br />or changes therein which the Lessor hereafter makes or authorizes <br />are hereinafter collectively referred to as the "Airport", and, <br /> <br />WHEREAS, the parties hereto desire to enter into an Agreement <br />and Lease for the use of premises and facilities at the Airport all <br />as more fully hereinafter set forth. <br /> <br />NOW, THEREFORE, for and in consideration of the mutual <br />covenants and agreements herein contained, the Lessor and the <br />Lessee do hereby mutually undertake, promise and agree, each for <br />itself and its successors and assigns, as follows: <br /> <br />TRANSITION PROVISIONS <br /> <br />Lessor and Lessee were parties to certain Agreements of Lease <br />for premises at the Airport, including an Agreement of Lease <br />between the parties dated July 6, 1956, as amended November 4, <br />1963; as further amended on July 29, 1986; and as further amended <br />on November 1, 1988. Said Lease Agreement, as amended, expired by <br />its terms on July 6, 1997. The property described in the Lease <br />Agreement, as amended, shall be referred to as the "Prior Lease <br />Tracts" . <br /> <br />Lessor agrees to lease and demise to Lessee, the Prior Lease <br />Tracts for the term beginning July 7, 1997, and terminating <br />December 31, 1998, at the rental hereinafter provided, provided <br />that Lessee diligently pursues, in accordance with the schedule <br />attached hereto, the construction of Lessee's new lease area, <br />referred to as the "Fixed Base Operator Area". Lessee shall cease <br />all operations at the Prior Lease Area on or before December 31, <br />1998, and shall commence operations at the Fixed Base Operator <br />Area, on or before December 31, 1998. <br /> <br />EXHIBITS AND SCHEDULES <br /> <br />The following Exhibits and Schedules are attached hereto, <br />incorporated by reference herein, and made a part hereof for all <br />purposes: <br /> <br />REVISED: October 16, 1997 <br />