HomeMy WebLinkAboutO-2002-2205-A
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ORDINANCE NO. 2002- Q1-/)...M5.A
AN ORDINANCE APPROVING AND AUTHORIZING A FIRST AMENDMENT TO THE
AGREEMENT OF LEASE FOR FIXED BASE OPERATIONS AT THE CITY OF LA
PORTE MUNICIPAL AIRPORT BETWEEN THE CITY OF LA PORTE, LESSOR, AND
D.E. AVIATION, INC., LESSEE, EFFECTIVE FEBRUARY 1, 2002, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND 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 2. 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, Chapter 551, Texas Government
Code; 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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 2002-
PASSED AND APPROVED, this 11th day of February, 2001.
CITY OF LA PORTE
By: ~~~
~n L. Malon
Mayor
ATTEST:
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Martha A. Gillett
City Secretary
PJG: 2
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FIRST AMENDMENT TO
'AGREEMENT AND LEASE
FOR FIXED BASE OPERAT~ONS
AT CITY OF LA PORTE MUNICIPAL AIRPORT
THIS FIRST AMENDMENT TO AGREEMENT AND LEASE, which was made
and entered into effective the 1st day of January, 1997, by and
between the Ci~y of La Porte, a municipal corporation organized and
existing under the laws of the State of Texas, hereinafter referred
to as "Lessor" , and D. E. Aviation,' Inc., a Texas business
corporation, ac.ting herein by and through its duly authorized
officers, hereinafter referred to ~s "Lessee." '
WIT N E SSE T H:
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WHEREAS, the parties have heretofore entered into an.Agreement
and Lease for Fixed Base Operation at' the City of La Porte
Municipal Airport, dated January 1, 1997; and
WHEREAS, the parties h~reto desire to enter into a First
Amendment to said Agreement and Lease, effective February 1, 2002,
for the use of additional premises and facilities at the Airport
all as more fully hereinafter set forth; and
WHEREAS, the parties agree that the Lease Agreement between
the parties dated January 1, 1997, shall remain in full force and
effect, except, and to the extent, amended hereby.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, the Lessor and the
Lessee do hereby mutually undertake, promise and agree,. each for
itself and its successors and assigns, as follows:
ARTICLE I - TERM OF AGREEMENT AND LEASED PREMISES
The term of this First Amendment to Agreement and Lease shall
be for the period commencing February 1, 2002, and terminating on
the following dates, unless sooner terminated as hereinafter
provided:
(a) as to the three T-Hangar sites shown on Exhibit "A"
attached hereto, incorporated by reference herein and
made a part hereof for all purposes, the term of this
Agreement shall be for the period commencing February 1,
2002, and terminating January 31, 2022, unless sooner
terminated as provided in the Lease Agreement dated the
1st day of January, 1997. . The Lessee reserves the option
to renew this lease as to the property described in this
subparagraph (a), for two consecutive five year terms
provided written notice is provided the Lessor within 30
days of lease termination, or termination of the first
option term, as the case may be; and
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(b) as to the 34 tie downs shown on Exhibit "B" attached
hereto, incorporated by reference herein and made a part
hereof for all purposes, the term of this Agreement shall
be for a one year period commencing February 1, 2002, and
terminating January 31, 2003, unless sooner terminated as
provided in the Lease Agreement dated the 1st day of
January, 1997. Said lease term shall continue thereafter
on a year to year renewal basis, without further action
of the parties, unless cancelled by the Lessee by 30 days
written notice prior to the ~xpiration of the primary or
any renewal term. Lessor reserves the right to cancel
this Amended Lease, as to the property described in this
subparagraph (b), in the event another party leases from
Lessor, the fixed base operator site adjacent to the
premises described in this subparagraph (b), and as more
fully shown on Exhibit "B" attached hereto, incorporated
by reference herein and made a part hereof for all
purposes. Lessor shall give Lessee 120 days notice of
such cancellation.
(c) Lessor grants Lessee in consideration of the payment of
a $500.00 lease option fee, a first option, which shall
be effective through December 31, 2004, to lease the T-
Hangar Site 4, as shown on Exhibit "A", attached hereto,
incorporated by reference herein and made a part hereof
for all purposes, upon the rental provided for T-Hangar
sites in Article III, hereof, and for the term expiring
as provided in Article I(a), hereof; provided, however,
in the event that Lessor receives a bona fide offer from
another party, for the lease of said T-Hangar Site 4,
Lessee shall have. 30 days from written notice by Lessor
to Lessee, to exercise Lessee's option. If Lessee fails
within said 30 day time period, to exercise said option
agreement on T-Hangar site 4, and enter into an amended
lease with Lessor for T-Hangar Site 4, said option herein
granted to Lessee shall be null and void, and Lessor may
lease T-Hangar Site 4 to another party, without further
rights or claims by Lessee.
The term of the original Agreement and Lease, dated January 1,
1997, shall continue to be for the period commencing on January 1,
1997, and terminating December 31, 2017, unless sooner terminated
as therein provided. Lessee reserves the option to renew the
original Lease for two consecutive five year terms provided written
notice is provided the Lessor within 30 days of the lease
termination, or the termination of the first option term, as the
case may be.
The construction schedule for the three T-Hangar sites shown
on Exhibit "An, is attached hereto as "Construction Schedule
(Exhibit "C")", incorporated by reference herein, and made a part
hereof for all purposes. .
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ARTICLE III - RENTALS AND CHARGES
Article III shall be amended by adding the following
subparagraphs:
1. a For the Leased Premises, as described in Article II,
subparagraph (a), of the three T-Hangar sites as shown on
Exhibit nAn, and subparagraph (c), the option T-Hangar
Site 4, rental shall be paid annually in advance in an
amount of $1,645.00 per year, per T-Hangar site, or.
$4,935.00 per year for the th~ee T-Hangar sites, based on
January 1, 2002, rental rate of $0.14 per square foot per
year. Rental for subsequent years u~der this paragraph
shall be subject to increase in accordance with any
increases in the Consumer Price Index for All Urban
Consumers, with 2001 as a base year. Rental for the T-
Hangar area shall commence on the earliest to occur of
August 1, 2002, or the issuance of a certificate of
occupancy by the City of La Porte.
1. b For the Leased Premises, as described in Article II,
subparagraph (b), being the 34 tie down areas described
on Exhibit liB" to this Amended Lease Agreement, the
following rental:
A. Lessee shall pay to Lessor, as additional rent, a
sum equal to thirty percent (30%) of the gross
revenues obtained from rental of tie-down spaces;
provided, however, Lessee shall guarantee Lessor a
yearly rental of not less that $144.00, multiplied
by the 34 tie-downs leased;
B. Rental for the 34 tie-downs shall be paid monthly,
in a sum equal to 1/12th of the annual rental due,
in advance, on the 1st day of each and every month.
Cost of living indexing shall not apply to the rental and
charges for the tie-down areas.
Except and to the extent as amended hereby, the Agreement and
Lease for fixed base operation at City of La Porte Municipal
Airport, between the City of La Porte, as Lessor, and D.E.
Aviation, Inc., as Lessee, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to
be signed by their duly authorized representatives.
Lessor:
BY:
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ATTEST: ,
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Martha A. Gillett
City Secretary
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ATTEST:
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Secretary
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Lessee:
By:
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IEXHIBll"A"1
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Tract 2
(2 Acs.)
251.02'
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II. 88' ,.. 1:' t - 2Sl.CI5'
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E.X.H'IBI" '.:... .
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EXHIBIT "e"
cessee's Construction Schedule
Lessee covenants and agrees with Lessor to keep and maintain the following staged
construction milestones in the planning and construction of three (3) T-Hangers shown on
Exhibit "A".
L Site Plan submitted by February 15, 2002
2. Construction begins by 4-1-02
3. Construction completed by 8-1-02