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HomeMy WebLinkAboutO-1994-1977 e . ORDINANCE NO. 94- 1977 c AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO LEASE BETWEEN THE CITY OF LA PORTE AND CLIFF HYDE FLYING SERVICE, INC.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 10 The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 20 The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e ORDINANCE NO. 9 4 - 1977 PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of March, 1994. CITY OF LA PORTE By: ~~~ Norman . ,1 ne, Mayor ATTEST: ~ L/ Sue Lenes, City Secretary AP62u!~ Knox W. Askins, City Attorney . e THE STATE OF TEXAS { { COUNTY OF HARRIS { AMENDMENT TO LEASE THIS AGREEMENT, entered into by and between the City of La Porte, Harris County, Texas, hereinafter called "City" and Cliff Hyde Flying Service, Inc., a Texas business corporation, hereinafter called "Lessee": I. For and in consideration of the premises, and the mutual covenants herein contained, the parties agree to the amendment of an Agreement of Lease between the parties dated July 6, 1956, as amended November 4, 1963; as further amended on July 29, 1986, and as further amended on December 12, 1988. Except as amended hereby, said Lease Agreement, as amended, shall remain in full force and effect until July 6, 1997. II. Reference is made to a plat attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Shown on said plat are T-hangar option lease spaces 1 and 2. Each separate T-hangar space comprises 11,750 square feet, for the construction of a ten space T-Hangar. Shown on said plat as option space 3 is a site for future aviation related activity. III. For and in consideration of the sum of Five Hundred Dollars ($500.00) cash paid to City by Lessee, City grants and gives to Lessee, an option, in the form of a right of first refusal upon thirty (30) days written notice from City to Lessee, whereby Lessee may lease from City, in numerical order, T-hanger spaces 1, 2, and future site 3. The initial payment of $500.00 shall be for a one e e -2- year option commencing April 1, 1994, and expiring March 31, 1995. This option may be extended for four additional years, commencing April 1, 1995, for an additional option fee of $250.00 per year. Lessee shall pay to City, as additional rent, should Lessee exercise its option to lease one or more of said T-hangar sites, the annual rental as hereinafter provided. Upon exercise of an option hereunder by Lessee, City agrees to enter into its then standard form of airport lease, for a lease period of twenty years, with two five year options. Rental shall be subject to cost of living indexing as provided in the City's standard form of airport lease. To continue this option agreement, Lessee must exercise its option on at least site 1, commence construction during the first option year, and bring construction to completion within 120 days of commencement of construction. City will give Lessee hereunder thirty (30) days written notice of any offer by another interested party to rent the subject sites, in which case Lessee hereunder may either accept the option to lease all of such properties, by giving written notice to the City of its desire to do so, or, in the absence of such written notice, upon Lessee's refusal to lease such three sites, City shall be free to lease same to another interested party. IV. city agrees to lease to Lessee, from the effective date of the exercise of option by Lessee, for a twenty year term, with two five year options, the T-hanger sites 1, 2, and 3, as shown on Exhibit "A" attached hereto. Rental shall be paid annually in advance in a minimum annual rental of $335.00 per year, based on January 1, 1994, rental rate of $1,242.30 per acre, plus $144.00 per unit in each of said ten unit T-hangers, or an additional rental of $1,440.00 per year, to be payable annually in advance. Rental for subsequent . e -3- years, under this paragraph, shall be subject to increase, in accordance with any increases in the Consumer Price Index for All Urban Consumers, with 1994 as a base year. V. The Lessor is entitled to collect and the Lessee agrees to pay, all rentals due under this Agreement and Lease to the City of La Porte, La Porte Municipal Airport, La Porte, Texas, without notice to the Lessee. Rentals more than thirty (30) days past due may be subject to a service charge of one percent (1%) per month, based on an annual rate of twelve percent (12%). VI. without prejudice to any other remedy which otherwise might be used for arrears of rent or other breach of this Agreement, if the Lessor is required or it elects to pay any sum or incurs any obligations or expense, by reason of a failure, neglect or refusal of the Lessee to perform anyone or more of the terms, conditions or covenants of this Agreement and Lease or as the result of any act or omission of Lessee contrary to said terms, conditions and covenants, the sum or sums so paid or the expense so incurred, including all interest, costs, damages and penalties may be added to any installment of rent thereafter due hereunder and each and every part of the same shall be and become additional rent recoverable by the Lessor in the same manner and with like remedies as if it were originally a part of the rent as set forth hereinabove. VII. Except as expressly amended hereby, and as previously amended, the Lease between the parties dated July 6, 1956, and subsequent amendments thereto, shall remain in full force and effect. . . -4- WITNESS OUR HANDS, effective the 1st day of April, 1994. IbOF IA POR~ 11~~ y,or ATTEST: ~ Ci~retary Am' tJ ~ City Attorney CLIFF Presl. ATTEST: ~~ [. ~ e '" o