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HomeMy WebLinkAboutR-1964-27 ..; , r: ..,. .', ., ./~ ,:"; ,. ~: I ;li ' .~ I 'I .. ;' . .' CITY OF LA PORTE .\ PHONE(713)471.5020 . P.O.8oXII15 . LAPORTE,TEXAS77571 .'- L_. __..___...._... t:~ ~~_:1~SS;70~L0-(~~=f-'?0C~~(~// November 30, 1988 Cliff Hyde Flying Service, Inc. 11015 West Main La Porte, Texas 77571 Mr. Hyde: The City of La Porte is willing to lease to Cliff Hyde Flying Service, Inc. the easternmost twenty~four (24) tie-downs as shown on the attached exhibit. Cliff Hyde shall pay the City a sum equal to thirty percent (30$) of the gross revenues obtained from rental of tie-down spaces, provided, however; Cliff Hyde Flying Service, Inc. shall guarantee the City a yearly rental of not less than one hundred forty-four dollars.($144.00), multiplied by the twenty-four (24) tie-downs leased. Rental fo~ the twenty-four (24) tie-downs shall be paid monthly, in a sum equal to one twelfth (1/12) of the annual rental d~e, in advance, on the first C1$t) day of each and every month. This agreement will be effective beginning December 1, 1988, and will continue in effect until cancelled by either party, provided that fifteen (15) days written notice is given, or until superseded by a formal lease agreement or. amendment to the current lease. If this proposal is acceptable, please execute in the space provided below. Sincerely, CX~ T. ~ Robert ~. Herrera City Manager ~.~ Hyde, P eSld t Hyde Flying Service, Inc. Cliff Cliff ,. Jd.-J 1/ /rY Date / I RTH/ke Attachment .. . % I r-' . I, II . , o. J I " I I I il @ IT "0' , 1 · . I /~/ I ;~J I // J}-.- 1/ , /^,~) u~OI . :1 I N 1""- ......0 f\ ......CY -. ... (' .. · 0 .. .... ... ~ S ~ '^ l ~.i II o~~ " 00 ~ ~ . ~ o '" '7 .;f d" ~..., ~'tj 0 q~ ~ 0 ~ '" .~, ~~,... ~o 00 ~..., '4~ ~ ..., 'tj ~ O~ ,,'" ,.,'" ~ / ol- ~4 / O'\, " ',> /. /'/ -- - - - / / Mdrcn ~4, 7~b4 - Minutes . ,,; -, /"~.r ,. '.= .I'~; ~ ~( . -'. ~ . Ot.l~.. ..~.. :> ~. 1f " ~~ ~ ..- . ...., .Ou .. ....I. A..J:>.:J "-""" 01:l3X .l.ClO;) 01:l3X RESOLUTION 27-64- _...~ - ----- ......... THE STATE OF TEXAS COUNTY OF HARRIS ,", . .' ][ ][ KNOW ALL'MEN BY THESE PRESENTS: ][ THAT the CITY OF LA PORTE, Harris County, Texas,' hereinafter call,ed the City, does by these presents lease and demise unto CLIFF HYDE FLYING SERVICE, INC., a private Texas corpor- ation, acting herein by and through its duly authorized officers, here- inafter called Lessee, that portio~ of the La Porte Municipal Airport lying adjacent to, and East of, that tract of land described in that certain lease between the City and the United States of America, dated the 19th day of October, A. D. 1948, covering the property now known as .the Texas National Guard Armory, and along Spencer High- way South of the West-East runway, and more particularly described as follows, to-wit: BEGINNING at a point on the East boundary line of the Texas Air National Guard proper- ty and the North right-of-way line of Spen- cer Highway; THENCE, North 00 27' East, a distance of approximately three hundred ninety-five (395) feet to a point which is t~o hundred (200) feet South of the South line of the West- East runway; THENCE, in an Easterly direction along an imaginary line parallel to, and two hundred (200) feet from me South line of said runway; to the point where said imaginary line inter- sects with- an imaginary line running in a Southeast- Northwesterly direction three hundred (300) feet from, and parallel to, the center line of the Northwest-Southeast run- way; THENCE, along said latter imaginary line parallel to, and three hundred (300) feet distant from, the center line of the said Northwest-Southeast runway, to a point where the same intersects the West line of the out-fall ditch, at a point which is approxi- mately twenty-seven (27) feet North of the South line of said Airport; ! THENCE, in a Southerly direction along the I' '" . #' . '. . .... . "'.,...,.' OU'J', .,,- - . ~;..v ~.y' f '-".. e. , \. . ~.e .....,., AC:OO ~~-~~.' ^~u,j O~:lIX' '. .-'"' . ~ A.' !O~ West line of said out-fall ditch to the South line of said Airport; THENCE, in a Westerly direction along the North line of Spencer Highway and the South line of said Airport a distance of approxi- mately 965 feet to THE PLACE OF BEGINNING, upon the following terms, conditions and agreements hereinafter con- tained: 1. The term of this lease is from the date of this instrument and ending on the same day of July, A. D. 1997. II. As rent for the use and occupancy of the leased premises. Lessee hereby agrees. binds and obligates itself to pay unto the City the sum of TEN AND NO/I00 DOLLARS ($10.00) and other valuable consideration; and, the sum of One Thousand Dollars ($1.000.00) shall be paid annually, in advance, for the years 1966. 1967. 1968, 1969 and 1970, beginning in. July of each of such years, such annual install- ments to become due and payable on or before the same day in the month of July of such years as this lease is dated; Annual installments in the sum of Eleven Hun- dred Dollars ($1100.00) each shall be paid, in' advance. for the years 1971, 1972, 1973. 1974 and 1975, beginning in July of each of such years, such installments to become due and payable on or before the same day in the month of July of each of such years as the prior rental install- ments; Annual installments in the sum of Twelve Hun- dred Ten Dollars ($1210.00) each shall be paid, in advance. for the years 1976, 1977. 1978, 1979, and 1980, beginning in July of each of such years. such installments to become due and payable on or before the same day in the month of July of each of such years as the prior rental install- ments; Annual installments in the sum of Thirteen Hun- dred Thirty-one Dollars ($1331. 00) each shall be paid, in advance. for the years 1981, 1982. 1983, 198-t, and 1985, beginning in July of each of such years, such installments to become due and payable on or before the same day in the month of July of each of such years as the prior /' ,,/ rental installments; / " .'. . , . :.IV.~." "\ If .... . C:-i~~. .. " 4 ~7'J'.,/F "~ e e .J .....JO.:> O~~X. ... ...... ~) O<l3X . ...... . "',h '0...: Annual installments in the sum of Fourteen Hundred Sixty-Four Dollars ($1464.00) each shall be paid, in advance, for the years 1986, 1987, 1988, 1989 and 1990, beginning in July of each of such years, such installments to become due and payable on or before the same day in the month of July of each of such years as the prior rental installments; Annual installments in the sum of Sixteen Hundred Ten Dollars ($1610. 00) each shall be paid, in advance, for the years 1991, 1992, 1993, 1994 and 1995, beginning in July of each of such years, such installments to become due and payable on or before the same day in the month of July of each of such years as the prior rental installments; The final installment of rent in the amount of Seventeen Hundred Seventy-One Dollars ($1771. 00) shall be due and payable on the 4th day of July, 1996. III. Failure to pay anyone or more of said installments, of rent when due or within sixty (60) days after the same shall be- come due, shall terminate this lease at the option of the City. IV. This lease is made subject to all of the terms, agree- ments and conditions contained in that certain Deed from the United States of America, acting by and through War Assets Administrator, dated the 4th day of June, A. D." 1947. v. Lessee shall have the right to maintain on said field and within the limits above described, a F. A. A. certified training school, and to carryon commercial air activities such as charter plane ser- vice for both cargo and passengers, sightseeing tours, repair and maintenance shops for aircraft, sale of aircraft, storage of aircraft, and the like; and, for carrying on these activities, it is understood ilnd agreed that Lesse~ shall have the right to all necessary but not exclusive use of alllc~nding strips for the take - off and landing . .',. . ~ . 10.. ,....' . it .'. I v::JJ"A ... ~_ ) 4'7 / '--- e -e ....; "__\010 OtlllX O~3~ '0.:1 of aircraft. VI. Lessee shall immediately erect an all steel and/or aluminum hangar of approved design, with welded ~rame imbedded in concrete floor, of approximately one hundred (100) feet by sfxty (60) feet, with a metal lean-to one hundred (100) feet by twenty (20) feet attached. and an all metal T hangar approximately one hundred seventy-four (174) feet by thirty-two (32) feet. sufficient to house six (6) small planes. and three (3) all metal Butler T . hangars and one (1) all metal quonset hut and Lessee shall construct a new hangar on the east side of lis present hangar. one hundred feet (100) long and eighty (80) feet wide, all metal prefabricated con- struction. Floor to be four (4) inch concrete slab. reinforced with six (6) inch wire mesh and twelve (12) inch by eightteen (18) inch concrete ribbon around, with bell bottom reaching down to clay. Said hangar will have eight (8) to ten (10) Sky-lites in the top and will be designed to be very attractive, and an asphalt apron to be of stabilized shell with a one and one-half (1 1/2) inch asphalt topping; to be one hundred (100) feet wide and one hundred eighty (180) feet long and a taxi-way fifty (50) feet wide and one hundred (100) feet long extending toward the hard surfaced runway. Lessee shall maintain such structures and improvements in good condition throughout the term of this lease. VII. Lessee shall have the further right to erect any and all buildings and structures on that portion of the airfield hereinabove described as may be necessary for the conduct of its business, pro- vided that such buildings and structures do not interfere with the operation of the field. .. .. ~..\,:- . .:( . .." . (',~.:.~. ". , ' . . ~ .I.,;T .:..-/ I /~". ~ <,- . e -e '-" ......v.:> ~~3~. r A..JC '0.-: ;,. ..J~. ..1 0~3X' VIII. No exclusive rights are granted to Lessee to use the said airport and the City reserves the right to make leases of portions of said airport to other parties. IX. No building or other structures shall be placed by Lessee nearer than two hundred (200) feet to any runway. The City shall not construct or place) or permit to be constructed or placed) ~ny building or structure nearer than two hundred (200) feet to said runwa y. X. Al~ hangars and other buildings or structures erected or placed on the hereinabove described property by Lessee shall con- form in appearance to those buildings and structures now lo'cated on said airfielc. The City sha.ll require any other p3.rtias to whom it may grant a lease to construct hangars and other buildings and structures of suitable design and to conform in appearance to those structures placed by Lessee. XI. Said airfield is a Municipal Airport) under the control and direction of the City. The City shall make no use of said airfield .- which would substantially impair the operations of the Lessee. XII. Lessee shall not assign this lease nor sub-let the leased pre- mises, or any part thereof, except for storage of aircraft, without prior written consent of the City. Lessee is, however) expressly given the right by deed of trust, mortgage or other appropriate instrument of encumbrance of . .' ". -1/ , .." ".. . .~~;;.J; . .... . " .. / ..c/' ~ ~. I' '- e . . Ac.CI:> Oto3X c;~~x .e ....J assigning its leasehold estate as a part of and incident to any assignment or encumbrance desired to be given by it as security to the payment of an indebtedness secured by the buildings built or to be built' by Lessee on the leased premises; provided that the in- strument of encumbrance shall expressly provide that any person, firm or corporation which acquires any right, title or interest in or to the lease or the leasehold estate by foreclosure of such deed of trust, mortgage or other instrument of foreclosure, or otherwise by, through or under such instrument, shall thereby automatically become bound and obligated to every covenant on the part of Lessee herein contained or stated of reasonably arising therefrom; except that it is not intended to hereby provide that the mere execution, delivery and acceptance of the deed of trust, mortgage or other lien instrument, shall thereby obligate either the trustee or mortgag~e therein to the covenants on Lessee's part herein contained. It is the purpose and intention of this section of this lease to grant Lessee the utmost freedom in hypothecating or mortgaging the con- templaced buildings and the Lessee's leasehold estate in the land; provided the City be fully protected against any possibility of any person, firm or corporation lawfully coming into possession of the premises who is not bound by every covenant on the part of Lessee her~in contained. Failure of performance of any covenant on the part of Lessee herein contained or reasonably arising therefrom, if such failure be by fault or omission of any assignee or trustee in bankruptcy, or any receiver, or any executor or administrator, shall entitle the City to exercise any of its remedies herein provided in the event of any sllch failure, as fully as if such failure had been by fault or omission on the part of the Lessee. " - . .. . , . . . , . . 't.' .... -4lI ..... . . . '.. .' .... A '- / /7 ~ e ........,; .... :~J,J Ou::lx ...r....J... Otl:.JX : J.h; XIII. Failure on the part of the Lessee to perform any of the terms, agreements, conditions and covenants imposed by this lease shall, at the option of the City, cancel the lease and all rights of Lessee shall be thereupon terminated and all buildings and perma- nent improvements placed on said airport by Lessee shall become the property of the City as liquidated damages, provided, however, Lessee shall have sixty (60) days written notice from the City in which to correct any default before cancellation, except that no notice shall be required for failure to pay any installment of rental as herein provided. The failure of the City to insist in anyone or more instances upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performances of any such term or condition. In testimony whereof the CITY OF LA PORTE has caused these presents to be executed, in duplicate originals, by its Mayor and attested by its City Clerk and CLIFF HYDE FL XING 'SE~VICE, . ..... ,Ie . I I~C. has caused these presents to be executed by 'its' President and , attested by its Secretary, this the 4th day of November, A. D. 1963. CITY OF LA PORTE, TEXAS Ii! ~,~J' City Clerk -/ II' ! ,. , IJ: . ,v l j. i / .i .. :,~ - '': . // / I.. v . .,' \ f'f"> , 'I i . I . ( (, . ..J. ._,' ~~:-!,{)" I. -) / / : .../- .r'/; ~ ! /" ., ../.:"" .~-; ./.~ 1<.__- ... -.' -Secre~a:'ry" { / -' :' }Mayor I / ~(;~J:~}i::~~~E. me. ... 'P'resident I j ATTEST: -- ./ .- , ,J/ / .'~~ .'- ----J? r. e v . . . '. . .-, ( .. : . .;~ I. ..... '-....- ;...sO':> Otl~)( . . ;....,.j~ _~tj.:l(.. , - - U~I . THE STATE OF TEXAS ][ ][ COUNTY OF HARRIS ][ BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appea~ed C;' r l, 1<.'-)7.e ,President of CLIFF HYDE FLYING SERVICE, INC. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed, and in the capacity therein stated. >' GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /"rf :.ij.<;- day of April, 1964. / L ,J-e.-c..--r -- ,~: ~ ~ Norary Public in a~OiHarris County, Texas THE STATE OF TEXAS ][ ][ COUNTY OF HARRIS ][ BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared H. P. P.FE(FFER , :Mayor of the CITY OF LA PORTE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and Con- sideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 2t..th MARCH day of A.p}:.iJ., 1964. ~ .~J =-<. e ~..; ..-"~ ~/ ?)?, Notary Public in and for Harris County, Texas MRS. t. C. WILLITS JR Notary Pub,'c I ' . M ',n ,and for H:Jrri's County. Texas Y CommiSSIon Expire:;; June 1, 19F --