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Home My WebLink AboutO-1956-492 . . ,?-~ .. .\\ "'--/ - o.RDINANCE NO., 492 AN ORDINANCE A~ENDING THE tEASE_ BETWEEN THE. CITY o.F LA PORTE AND HOU-Po.RT AVIA- TION INC.,. LE~SEE,- 'GRANTING TO SAID LESSEE AN OPTION TO RENEW SAID LEASE FOR TWO, ~2) ADDITIONAL 'T~N' oar YEAR ,PERIODS AND AUTHORIZING AND INSTRUCTING THE MAYOR AND- ,CITY CLERK"TO EXECUTE SUCH AMENDMENT. BE IT ORDA:iNED BY T-H~ CITY 'COMMISSION OF:THE CITY OF L~ Po.RT,E, TEXAS. THAT:, Section :1~"The;Mayor:and City:C)etk of the Ci~yof La Porte be, and they are hereby, aut~orized: and direct'ed t'o execute and to affix the seal of the , " City,to th~ agr~ement amendjng 'the lease between the City of La Porte and ~ou- 'Port Aviation! ~nc~, _covering use of the La Porte Municipal Airportl as follows, -. . to-wit: ~'" ! -' , - \ ~.,' " ST ATE' o.F TEXAS I, COUNTY OF HARRI S I : ',"WHE~~AS~,on ;the:lOth day o~ February, A. D. 1947, a lease was executedbetw~en Arthur J. Mandell, A, W. Wadswortb; W, W, McMillan and Herman Wright:. a~ LesseesJand the Cit.y of La Porte, Texas, as Lessor~ covering tbeuse of the La Porte Municipal Airport by Lessees; the executio~of suc~ lease was duly authtirized and approved by the City: Council Qf La P~ite, by Ordinance NO. 330, nn the 10th day of February! A. Q. 1947; 'and - WHEKEAS~ ,on the' 27th day of F,ebruary,A. ,D. 19471 in accordance with: the, terms- of: said lease, the Lessees assigned such lease to Hou- Po-rt, Aviation, In,c.,' a Texas corporationi -and - -' WHEREAS1 ,the pr'imary term 'of such lease Was for a period of ten (10) years aq4 provi~ed that Lessees'were ~iven an option to renew the lea's,efo,r two ::(2) ad'diti~)'nal period-s of five (5) years each. on terms not;, mQre; than ,ten per cent, (Io.%) less favorable to tessees than the pre~edi~~ ter.; such options- to be exercised by Lessees by giving tbe City written n:otice ';of their intention to renew not less than sixty (60) days prior to t:he expiration of s,uch 1 ease or any renewal thereof; and',.' '- , '- ' ' - WHERE;AS,. :'by Ord:inan~e No. 359, enacted by the La Porte City Coun- cilort the 3.rd day cif May.' A. Dt 1946.-- at the' request of the present holder of, the~ lease{' Hou-Port Aviatii!ln'~ he;! the original lease was amelidedso as ,to proVide- that the Less.ees shall have the light to re- new ,such leu'se fQr an additional term of five (5) years upon terms not more than te'IJ,p~r cent, (10%) less fav:orable,to the Lessee than the pridr"t~rm, a~d fur(her that Lessee shall have options to successively renew such lease for second. third and fourtb five (5) year periods; suc~ r~lIJe"als,:to be '~pon terms ,not 'more than ten per cent, (}O%) less favorable to ,he Lessees than the pree~ding period and providing that Lesse~s 'shall' exercTse such option by giving the City written notice of '.beir inte~tion to _renew not,less than six~y (60) days prior to tbe'expiration of the le~se or any renewal thereof; and ","H~REASt,~y letter dated the 8th day of March. A. Do. 1951, Hou- Port Av~ati(m!i Inc:.I! the, present holder of such lease notified the City of':La :Porte that th:e :Lessee elect,ed to exercise its options to reo'ew such' Hase'for:e~c'h of ~he four (4) permissible five (5) year per!ods,! asp~ovided,,-ii1'the amendment ,to the lease as reflected in Ord:inanite No;:359; and ", ". '- !j' WH~REAS~,. said l"ease-. as amended and after exercise of the options to renew such lease::for th'e four (4) p,etmissible five (5) year periods, now': cov.rs th~ total periQ:d betwee.n !the 10th day of February" A. D. 1941 thl"ougb :tbe 9tb: day ~f February, A. D. 1977. subject to the right of, the City o:f LaPo:rtei under tbe several options. to require terms not more than ten p~r cent. (10~) less favorable to the Lessee than eacb plecedin~ period; and. , :' WHEREA~_1 Hou-Po~rt Aviation. Inc. proposes to construct a new air- pl_ne hangar $"0 h~ndred (200) feet long and one hundred ten (110) feet clear s,~nl_ with tbirty (30) feet of head room. with a lean~to twenty (20) ,i"eet de.tlP with eight (8) feet-of head room along the en- ;r--,-....., fe.-, , \.. \,,,,,,.:/ :' .~.~. ~........., ,:' e.' \, . , ... , , ' , ' \' /~\ ;' e, <..~.;._......- ' ----... /e-\ \ ~'''''-_/ "~-"'.. -e J .... '---~ ~- ' ~ '\ '. '. ,,' .' ...2- , , til'e No~thwall; . the: entire building to' be constructed of structural steel' with twtnty-slx (26) guag~ corrugated galvanized sheeting on roof. an4 siding and:baving a floor of five (5) inch re-inforced con- crete with a,'five (5) inch r~-info,ced concrete ramp at each end th ereo,f. and, , , WHEREASJHou-port Av~ation. Inc.. the present Lessee under leasel ~asrequeste~ th~ City of La Porte to grant an option to tbe:ter. of s~id le'se from the 9tb day of February. A. D. 1977 two (2)'addltjonal ~eriods of ten (lO) years each: NOl, THEREFORE~ KNOI ALL MEN BY THESE PRESENTS: That the City of ' La ,Porte. :in 'consideration of t~e premises and payment of the sum of ,One Doll~r ($1.0P>, by thes~ presents, does give and grant to Hou- Port Aviatio'n, Inc.!~ Lessee. the option_ to renew the existing lease for: an additional &'erm of ten (0)' years from and afterthe 9th day of February" A.- D. -1977. upon terms not more than ten per cent. 00%) less fa~orableto the Les1ee tbart 'the immediately preceding five (5) year period; Le~see shall also have the option to renew said lease for a s,econd ,tell (10) yea,r period upon terms not more than ten per cent, (ilO%} less fa,vorable to the J.essee tban the prior term; Lessee shall e:xerc:ise slIch option by giving the City a written notice of its intenti-on to:'renew'not less than sixty (60) days prior to the expira- tion of the existing lease or renewal thereof. , The rights and options herein granted to Lessee by the City are granted only'upon conditinn that Lessee ~hall, within one (I) year fp9m the date hereOf, tomplete t~e construction of a new airplane hangar ,two hundred,(200) feet long and one hundred ten (110) feet cl~ar span w1tb,thirty -(30) feet of bead room. with a lean-to twenty (20) f~et de~p witi eight (8) feet of head room along the entire North waJl; $uch entire ~uildifig to be constructed of structural steel with twenty'";"six (:26) guage corrugated galvanized sheeting on roof and sid- ingJ with a~Uoor oJ five (5) inch _re-inforced concrete and with a five (5) inch re-infor~ed-concrete ramp at each end thereofj such new hangar to be located between Spenc~r Highway and the large exist- ing hangari ;in ,acc,ordancc with the plan submitted by Lessee to the City. ; In the event Lessee ,fcHIS to complete the construction of such new airplan~ hangar witbin one (1) year from the date hereof tben all ot the' ~igb~s -andoption~ ~erein granted shall be rescinded and this ag:teemjentshall th:ereupon be of no fu,rther force and, effect. , Tbe options h~rein granted are alJo conditioned upon the compli- ance by Le$see with all of the terms. agreements and conditions con- tained in ,said original lease and amendments thereto. Nothing herein shall be tonstrued"to affect the right of the City to require terms ndt m.re than tenJer cent. (10%) less favorable to Lessee than the prior term tor each renewal period after the primary term of the ori- ginal }ease.; ", - A 7,,1; " Executed in d-uplicat-eoriginals this the Ql day of Marcht A ~ D. 1956.; , , ' _', ' , ' , ,,' ' CITY OF L EXAS., Lessor ~-:--- " # ?J., ,By.r . ...;-, (~/..:?-4:<~/~ ~\..~ ' Mayor CIty ~lelkrClty Qf La Porte. Texas HOU-PORT AVIATION. INC. Lessee By said extend for ATT ESt: President ~:etre~ary ~ -U oU,-Po;:rt Av iat10n J I nc. tf", .[ 'ass.d and a~proved this the day of Marchi A. D. 1956. [;:<1: :h~;.i~or;e. T ex.s AT,~,~/,~.~ ' the City of La Porte. Texas ';,