HomeMy WebLinkAboutO-1967-772
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ORDINANCE NO.
772
AN ORDINANCE AUTHO~IZING .AND DIRECTING THE MAYOR AND THE CITY
CLERK OF THE CITY OF LA PORTE FOR AND ON BEHALF OF THE CITY OF
LA PORTE TO EXECUTE AND TO AFFIX THE SEAL OF THE CITY TO AN '
AGREEMENT OF LEASE ,BETWEEN THE CITY, AS LESSOR, AND M" L. MILLER,
AS LESSEE, FOR A PERIOD OF TWENTY YEARS, BEGINNING ON THE 1ST DAY
OF JULY, 1967, AND ENDING ON THE 30TH DAY OF JUNE, 1987, WITH
OPTIONS 'FOR RENEWALS, FOR THE LEASE OF A PORTION OF THE CITY OF
LA PORTE MUNICIPAL AIRPORT, TOGETaER WITH THE RIGHT TO USE '
APPURTENANT FACILITIES THEREAT, ACCORDING TO THE TERMS, PROVISIONS
AND CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE, A PART HEREOF; PROVIDING ,A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, M. L. MILLER of La Porte, Texas, desires to
lease a portion of the City of La Porte Municipal Airport; and
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WHEREAS, the CITY OF LA PORTE has ~greed with the said
M. L. MILLER, upon the terms, conditions, and ~greements of a
lease for a period of twenty (20) years, with options to renew
said lease for two further five-year periods, all as therein pro-
vided;
NOW, THEREFORE, BElT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF LA PORTE, TEXAS: '
Section 1. That the Mayor and the City Clerk of the
City of La Porte, Texas, be, and they are hereby authorized and
directed to execute for and on behalf of said City an ~greement
of lease with M. L. Miller for a period of twenty (20) years,
. beginning July 1, 1967, and endi!J.g June 30, ,1987, with options
for renewals, for the lease of a portion of the City of La Porte
Municipal Airport, according to the terms, provisions, and
conditions contained in such agreement, a copy of,wh~ch is
attached pereto, inco~porated by reference herein, and made a
part hereof for all purposes.
Section 2. If any section, paragraph, clause, or
sentence shall be declared void and unenforceable or unconstitu-
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tional, it is hereby declared to be the intention of the Commission
that the remainder of such Ordinance shall remain in full force
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and effect.
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Section 3. This Ordinance shall take effect and be in
force from and after its' pass~ge and approval.
PASSED AND APPROVED this the 17th day of July, 1967.
ATTEST:
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ITY CLERK, ' .
Ci ty of, La. 'Porte, .Texas
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THE STATE 9F TEXAS X
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COUNTY OF HARRIS X
KNOW ALL MEN BY THESE PRESENTS:
This ~greement of Lease, made the 1st day of July,
1967, by and between the. CITY .OF LA PORTE, a municipal corporation,
Harris county, Texas, hereinafter called LESSOR, and M. L. MILLER,
of La Porte, Harris County, Texas, hereinafter called LESSEE,
WIT N E SSE T H:
That the Parti~s hereto, for and in consideration of
the premises, and the rents, covenants and ~greements contained
herein, ~gree as follows:
I.
LESSOR hereby leases and rents to LESSEE, the followi~g
described portion of the City of La ,Porte Municipal Airport, here-
inafter referred to simply as "Airport", the boundaries of said
leased pqrtion bei~g as shown on a surveyor's plat thereof,
attached hereto as "Exhibit A", incorporated by reference herein,
and made a part hereof for all purposes, and bei~g more particu-
larly described by metes and bounds, as follows, to-wit:
Bei~g a tract of land out of the La Porte Municipal
Airport, said Airport being 300 Acres, more or less, out
of the W. J. Payne' Subdivision of the W. M. Jones Survey,
A-482, Harris County, Texas; ~ore particularly described
as follows:
BEGINNING for reference at a 1/2" iron pipe found for the
Southwest corner of the La Porte Municipal Airport, said
point being in the North right-of-way line at Spencer
H~ghway; ,
THENCE, S89033'E, a distance of 100.01 feet along the
North right-of-way line of Spencer Highway to a' point
for corner; ,
THENCE, North, a distance of 452.47 feet to the POINT OF
BEGINNING of this tract;
THENCE, continuing, North, a distance of 261.64 feet to a
point for the Northwest corner of this tract;
THENCE, N52054'48"E, a distance of 129.82 feet to a point
for the Northeast corner of this tract;
THENCE, S37005'12"E, a distance of 208.72 feet to a point for
the Southeast corner of this tract, said point being 300 fe~t
Northwesterly of the center line of the Southwest-Northeast
Runway of the La Porte Municipal Airport;
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THENCE, S52054'48"W, parallel to and 300 feet Northwesterly
of the center line of said Southwest-Northeast Runway, a
distance of 287.58' to the POINT OF BEGINNING of this tract;
Said tract containing 1.0000 Acres of land.
II.
This lease is made subject to all of the terms, ~gree-
ments and conditions 'contained in that certain Deed from the
United States of America, acti~g by and through War Assets
Administrator, grantor, to the City of La Porte, a municipal
corporation" grantee, which Deed is dated the 4th day of June,
1947, and is recorded in the offi,ce of the County Clerk of Harris
County, Texas, under County Clerk's File No. 433082. Reference
tit to such deed is here made for all purposes, and such deed, and all
of the covenants, terms, agreements and conditions therein con-
tained, are hereby 'incorporated by reference herein, as fully
as tho~gh contained herein.
Further, LESSOR herein has heretofore entered into an
~greement with the Federal Aviation ~gency (hereinafter called
the "F.A.A."), in which it ~greed that LESSOR will operate the
Airport for the use and benefit of the public, on fair and
reasonable terms, and without unjust discrimination. In further-
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ance of this covenant (but without limiti~g its, general applica-
bility and effect), the CITY~F LA PORTE did specifically covenant
and ~gree with the F.A.A., which covenants and ~greements are
expressly made a part of this ~greement, as follows, to-wit:
a. That in its operation' and the operation of all
facilities on the airport, neither it nor any person or o!ganiza-
tion occupyi~g space 'or facilities thereon will discriminate
~gainst any person or class of persons by reason of race, color,
creed, or national or~gin in the use of any of the facilities
provided for the public on the Airport.
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b. That, in an,y agreement, contract, lease or other
arrangement under which a r~ght or privil~ge at the Airport is
granted to any person, firm, or corporation to render to the
public any service (includi~g the furnishi~g or sale of any
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aeronautical parts, materials, or supplies) essential to the
operation of aircraft at the Airport, the CITY .OF LA PORTE will
insert and enforce provisions requiri~g the contractor:
(1) to furnish said service on a fair, equal, and
not unjustly discriminatory basis to all users
thereof',and
(2) to charge fair, reasonable, and not unjustly
discriminatory prices for each unit or service;
Provided, that the contractor may be allowed to
make reasonable and nondiscriminatory discounts,
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rebates"or other similar types of price
reductions to volume purchasers.
c. That it will not exercise or, grant any r~ght or
privil~ge which would operate to prevent any, person, firm or
corporation operati~gaircraft on the Airport from performing
any services on its own aircraft with its own employees (in-
cludi~g, but not limited to maintenance and repair) that it may
choose to perform.
d. In the event the CITY OF LA PORTE itself exercises
any of the r~ghts and privileges referred to in subsection b,
the services involved will be provided on the same conditions
e as would apply to the furnishi~g of such servic,es by contractors
or concessionaires of the CITY OF LA PORTE under the provisions
6f such subsection b.
III.
This lease is also subject to all Federal and State
statutes and administrative r~gulations touchi~g upon aviation,
to the extent that they affect the City of La Porte Municipal
Airport and LESSEE's operations, and LESSOR and LESSEE each
covenant to abide by all such statutes and administrative
r~gulations.
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IV.
This lease is for the non-exclusive use of the
La Porte Municipal Airport by LESSEE, such non-exclusive use to
be in common with other authorized users thereof. LESSEE shall
have full and unrestricted access to and ~gress from the demised
premises and the said Airport, and between the premises and the
Airport, for LESSEE, aircraft operated by LESSEE, its employees,
passe~gers" guests"patrons, invitees, suppliers of materials,
and furnishers of service, its or their equipment, vehicles,
machinery and other property, without cha~ge to or on said
employees,passengers,. guests, patrons, invitees, suppliers of
materials and furnishers of service, or their said equipment,
vehicles, machinery, or other property, and without charge to
LESSEE, except as in this instrument expressly provided for.
V.
LESSEE shall have the right to maintain on said field
and within the limits above described, an F.A.A. certified train-
ing school,and to carryon commercial air activities such as a
charter plane service for both ca~go and passengers, sight-seeing
tours, repair and maintenance shops for aircraft, sale of air-
craft, stor~ge of aircraft, and the like; and, for carryi~g on
these activities, it is understood and ~greed that LESSEE shall
have a right to all necessary use of all landi~g strips for the
take-off and landi~g of aircraft.
VI.
The term of this lease is for a period of twenty (20)
years, beginni~g on the first day of July, 1967, and ending on
the 30th day of June, 1987 (provided, however, that LESSOR does
give and grant to LESSEE the option to renew its lease on said
premises for an additional term of five (5) years from and after
the 30th day of yune, 1987, at an annual rental as hereinafter
provided; LESSEE' shall also have the option to renew said lease
for a second five-year period ~ommencing on the 1st day of July,
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. 1992. LESSEE shall exercise said option(~) by, givi~g LESSOR
written notice of his intention to renew not later than sixty
(60) days prior to the expiration, of the existi~g lease or
renewal thereof. Annual rental for the term of each renewal
option period shall be at the then established current rental rates
at the Airport, provided, however, that such rentals shall not be
less than the annual rental duri~g the primary term hereof, as
provided in Par~graph VII.
Upon the expiration date of this lease or any renewal
or extension hereof, no notice to quit possession shall be
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necessary, and LESSEE covenants to peaceably surrender possession
of the premises 'to LESSOR on that date.
VII.
As rent for the use and occupancy of the leased
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premises, LESSEE hereby~grees, binds and obl~gates itself to pay
unto LESSOR the sum of Seventeen Thousand Four Hundred Twenty-four
Dollars ($17,424.00), which shall be payable in annual install-
ments as follows:
The sum of Eight Hundred Seventy-one Dollars and
Twenty Cents. '($871.20) shall be paid in cash, upon
execution of this lease; and
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The further sum of Eight Hundred Seventy-one Dollars
and Twenty Cents ($871.20) shall be paid annually in
advance, on the first day of July, 1968, and there-
after on the 1st day of July of each and every
succeeding calendar year, through and including an
annual installment which shall' be due and payable on
or before the 1st day of July, 1986, each of which
said annual installments shall be in the sum of Eight
Hundred Seventy-one Dollars and Twenty Cents ($871.20).
In the event ,of the exercise by LESSEE of the options
to extend the terms of this lease, the annual rental shall be
payable in the same manner as herein provided.
VIII.
Failure '. to pay anyone or more installments of rent
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when due, or within ten (10) days after the same shall become
due, shall terminate this lease, at the option of the LESSOR.
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IX.
LESSEE shall have the r~ght to sell or assign this
lease,or ~o sublet the leased premise~, or any part thereof,
provided that LESSEE shall remain liable and responsible to
LESSOR for the payment of all rentals to become due under this
lease, and for the performance of all of the terms, conditions
and ~greements herein contained.
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LESSEE shall have the further r~ght 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, provided that such buildi~gs and structures do
not interfere with ,the operation of the field. No buildi~gs
or other structures shal~ be placed by LESSEE nearer than three
hundred (300) feet to the center-line of any runway. The LESSOR
shall not construct or'.,place, or permit to be constructed or
placed, any buildi~g or structure nearer than three hundred (300)
feet to the center-line of said runways. All ha~gars and other
buildings or structures erected or placed on the hereinabove
described property by LESSEE shall be new and of modern des~gn
and conform in appearance to those buildi~gs and structures now
4It located on said airfield. All buildings shall be des~gned to
withstand wind velocity requirements of the Southern Standard
Building Code, Coastal Division, and shall be of steel construc-
tion, with concrete slab. Prior to commencement of construction,
buildi~g plans and specifications shall be approved by LESSOR.
XI.
LESSEE shall be obl~gated to maintain its leased
premises in a good state of repair and neat appearance, and keep
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the, grass mowed at all times. LBSSEE shall restrict its opera-
tions (other than its r~ght to use the common facilities of the
Airport) to its leased area hereinabove described. Taxiway
access shall be at a point alo~g the Southeast property line of
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the demised area,bei!lg the line havi!lg a dimension of 287.58
feet. ,LESSEE shall provide necessary permanent sanitary facilities,
telephone, personnel, waiti!lg room, and other services that may
be required to protect the health, welfare and safety of LESSEE's
patrons. LESSOR shall have no responsibility to provide utility
service of, ,any nature to: the leased premises. In providi!lg
utilities service to the leased premises, LESSEE shall not allow
any such facilities to be installed nearer than three hundred
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(300) feet to the ,center-line of any runway. Fuel storage shall
be unde~ground, and tanks and pumps shall be installed in accord-
ance with State and local codes applicable thereto.
XII.
No exclusive r~ghts are, granted to LESSEE to use the
said Airport and the LESSOR reserves the r~ght to make leases
of portions of said Airport to other parties.
XIII.
Said airfield is a municipal airport, under ,the
control and direction of the LESSOR. The LESSOR shall make no
use of said airfield which would substantially impair the opera-
tions of the LESSEE.
XIV.
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LESSEE ~grees to obtain and maintain at his sole cost
and expense, public liability insurance and property dam~ge
insurance on the leased premises to protect LESSOR and LESSEE
again$t al~ loss or damage from the claims of all persons who
may be in or on these premises by the invitation, consent or
sufferance of LESSEE. Such public liability insurance shall
have minimum bodily injury limits of One Hundred Thousand Dollars
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($100,000) for each person and Three Hundred Thousand Dollars
($300,000) for ea,ch accident, and property damage limits of One
Hundred Thousand 'Dollars ($100,000) for each accident with
respect to, any accident occurring on the leased premises. LESSEE
~ shall furnish LESSOR certificates of all insurance cover~ge.
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xv.
~ESSEE shall use due care and dil~gence in all activi-
ties and operations on the premises and the Airport, and will
indemni'fyand save LESSOR harmless from'any liabilities, loss,
costs or other expense of any nature, caused solely by any
n~gl~gence of LESSEE or any employee or ~gent of LESSEE and without
the contri~utory n~gl~gence of LESSOR. ,LESSOR shall, give LESSEE
immediate notice of any matter covered hereby and shall forward
to LESSEE every demand, notice, ,summons or other process
received in any claim or l~gal proceedi~g covered hereby.
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XVI.
In case of bankruptcy or insolvency on the part of
LESSEE, or in case of any receiver bei~g appointed to take
charge of the property, or any portion of the property of LESSEE,
in or upon the premises hereby leased, then and in such event the
LESSOR may, at its option, declare this lease to be terminated or
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forfeited by the LESSEEi. and LESSOR shall be entitled in such event
to the immediate possession of such premises and no receiver,
trustee in bankruptcy, or assigns for the benefit of creditors
shall acquire in any such case any of the rights of the LESSEE
hereunder;, the landlord's lien, however, in such event, shall
~ not cease and the liability of the LESSEE for the dam~ges on
account of any breach of any obl~gation to be performed by the
LESSEE under the terms of this lease shall continue and remain
in full force and effect.
XVII.
Failure on the part of the LESSEE to perform any of the
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terms, ~greements, conditions and covenants imposed by this lease
shall, at the option of the LESSOR, cancel the lease and all
r~ghts of LESSEE shall be thereupon terminated and all buildi~gs
and permanent improvements placed On said Airport by LESSEE shall
become the property of the LESSOR; provided, however, LESSEE
shall have sixty (60) days written notice from LESSOR in which to
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correct any default before cancellation, .except that no notice
shall be required for failure to pay any installment of rental
as herein provided. In the event that LESSEE fails to correct
any such default duri~g such sixty (60) day period, LESSOR, its
~gents or attorneys, shall have the r~ght to're-enter and remove
all persons therefrom without bei~g deemed, guilty of any manner
of trespass and without prejudice to any remedies for arrears
of rent or breach of covenant, or LESSOR, its ~gents or attorneys,
may resume possession of the premises and re-let the same for the
remainder of the term for the best rental it may obtain, for
account of LESSEE, which shall make good any deficiencyo In
addition to all buildi~gs and permanent improvements placed on
said Airport by LESSEE becomi~g the property of the LESSOR,
LESSOR shall h~v~ a lien as security for the rent aforesaid upon
all the improvements, additions, equipment and other personal
property which LESSEE may place on and in the leased premises.
The failure of the LESSOR 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
performance of any such term or condition.
XVIII.
Upon the termination of this lease, and any extensions
thereof under the options herein expressly provided (which
termination is not by reason of failure on the part of the LESSEE
to perform any of the terms, ~greements, conditions and covenants
imposed by this lease), .it is understood and ~greed between the
parties that their r~ghts, as to any permanent improvements
erected on the field by LESSEE, shall be as follows:
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Any permanent improvements erected on the leased premises
.by LESSEE shall be the property of LESSEE. It is further agreed
that LESSOR shall have a tirst option.to purchase said improvements
from LESSEE. For the purpose of arriving at the value of such
improvements for sale ~urposes, LESSEE and LESSOR shall each select
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an arbiter,.',and such two arbiters shall select a third, and such
three arbiters shall ~gree upon a purchase-sale price for said
improvements. If LESSOR does not exercise its option to purchase
said improvements, ,LESSEE shall have the r~ght to sell said
improvements to other parties~ Any expenses incident to the con-
duct of such arbitration shall be borne equally by LESSEE and
LESSOR.
XIX.
LESSOR covenants that LESSOR "has good r~ght and lawful
authority to execute this Lease, that throughout the term hereof
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LESSEE shall have, ,hold and enjoy' peaceful and uninterrupted
possessio~ of all of the Premises and Airport r~ghts herein and
hereby leased and, granted, subject always to the payment of the
rent and the performance of the covenants, as herein provided
to be paid and performed by LESSEE.
XX.
Notices provided for in this Lease shall be sufficient
if sent by r~gistered mail, post~ge prepaid, addressed, if to
LESSOR, to the City of La Porte, Attention: Mayor, La Porte,
Texas; and, if to'LESSEE, to Mr. M. L. Miller, 301 S. Idaho,
La Porte, Texas 77571, or to such other respective addresses
,4It as the Parties hereto may des~gnate in writing from time to time.
XXI.
All references herein contained to LESSOR and to
LESSEE, shall be deemed to include the heirs, successors, assigns,
and legal representatives of each.
IN WITNESS WHEREOF, the Parties hereto have hereunto
s~gned and sealed ,this instrument in several duplicate originals,
this the 1st day of July, 1967.
CITY OF LA PORTE
By:
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CITY OF' LA PCR'rri.'
EN';:;IN~CR1NG CEf')\R'r-ME~'r
LA FOlrrE, TEXAS