HomeMy WebLinkAboutO-1972-932
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ORDINANCE NO.
932
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AN ORDINANCE AUTHORIZING 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
GULF CENTRAL AVIATION, INC., AS LESSEE, FOR A PERIOD OF
TWENTY YEARS, BEGINNING ON THE 1ST DAY OF JULY, 1972, and
ENDING ON THE 30TH DAY OF JUNE, 1992, WITH OPTIONS FOR
RENEWALS, FOR THE LEASE OF A PORTION OF THE CITY OF LA PORTE
MUNICIPAL AIRPORT, TOGETHER 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, GULF.CENTRAL AVIATION, INC., a Texas corporation,
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 agreed with the said
GULF CENTRAL AVIATION, INC., upon the terms, conditions, and
agreements 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 provided;
NOW, THEREFORE, BE IT 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 agree-
ment of lease with Gulf Central Aviation, Inc., for a period
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of twenty (20) years, beginning July 1, 1972, and ending
June 30, 1992, 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 which is attached hereto, incorporated by
reference herein, and made a part hereof for all purposes.
Section 2. If any section, paragraph, clause, or sen-
tence shall be declared void and unenforceable or unconstitu-
tional, it is hereby declared to be the intention of the
Commission that the remainder of such Ordinance shall remain
in full force and effect.
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Ordinance No. 932 , Page 2
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Section 3. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 7th day of August, 1972.
CITY OF LA PORTE
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BYZ,,~~ Ui/AJ
E. A. Tomas, Mayor
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THE STATE OF TEXAS X
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COUNTY OF HARRIS X
KNOW ALL MEN BY THESE PRESENTS:
This Agreement of Lease, made the 1st day of JUly, 1972,
by and betwe~n the CITY OF LA PORTE, a municipal corporation,
Harris County, Texas, hereinafter called LESSOR, and GULF CENT~
AVIATION, INC." a Texas corporation having its principal office
in Harris County, Texas, hereinafter called LESSEE,
WIT N E SSE T H:
That the Parties hereto, for and in consideration of the
premises, and the rents, covenants and agreements contained herein,
agree as follows:
I.
LESSOR hereby leases and rents to LESSEE, the following
described portions of the City of La Porte Municipal Airport,
hereinafter referred t.o simply as "Airporn", the boundaries of
said leased portions being as shown on three surveyor's plats
thereof, all attached hereto as "Exhibit A", incorporated by
reference herein, and made a part hereof for all purposes, and
being more particularly described by metes and bounds, as
follows, to-wit:
TRACT ONE:
Deing 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
Highway; . , '
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;
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THENCE, N52054'48"E, a distance of 129.82 feet to a point
for the Northeast corner of this tract;
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THENCE, S37005'12"E, a distance of 208.72 feet to a point
for the Southeast corner of this tract, said point being
300 feet Northwesterly of the center line of the Southwest-
Northeast Runway of the La Porte Municipal Airport;
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.
TRACT TWO:
Being e 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, more particularly described as
follows:
BEGINNING at the most Northeasterly corner of the M. L.
Miller One-acre lease area of the La Porte Municipal Air-
port; hereinafter referred to as Tract No.1;
THENCE, N52054'48"E, a distance of 208.72 feet to a point
for corner;
THENCE, S37005'12"E, a distance of 208.72 feet to a point
for corner;
THENCE, S52054'48"W, a distance of 208.72 feet to a point
for corner; said point being the Southeast corner of
Tract No.1;
THENCE, N37005'12"W, a distance of 208.72 feet, along the
East line of Tract No.1, to the PLACE OF BEGINNING;
Said tract containing One (1) acre of land.
TRACT THREE:
Being a 1.00~acre tract of land located in the City of
La Porte Municipal Airport, La Porte, Harris County, Texas,
and being hereinafter referred to as Lease Area Tract No.3,
as shown on "Exhibit A", attached hereto and made a part
hereof, said 1.00 acre Tract No.3 being more particularly
described as follows:
COMMENCING at the Southwest corner of the La Porte Munici-
pal Airport, La Porte, Harris County, Texas;
THENCE, S89033'E, along the South line of the La Porte
Municipal Airport, said line being the North right-of-way line
of Spencer Highway, a distance of 100.01 feet to a point for
corner;
THENCE, North, along the East side of a 100 foot wide drain-
age and roadway reserve, a distance of 714.11 feet to a
point for corner, said point being the Northwest corner of
Lease Tract No.1;
THENCE, N52054'48"E, along the Northwest line of Lease
Tracts No. land 2, a distance of 338.54 feet to the POINT
OF BEGINNING of this Lease Tract No.3;
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THENCE, S37005'12"E, along the No~theast line of Lease
Tract No.2, a distance of 208.72 feet to a point for corner,
. said point being 300 feet Northwesterly from' the center-line
of the N.E. - S.W. Runway of the La Porte Municipal Airport,
and the Southeast corner of Lease T~act No.2;
THENCE, N52054'48"E, along a line parallel to and 300 feet
Northwesterly from the center-line of the N.E. - S.W. Runway,
said line also known as the Airport Building Line, a dis-
tance of 208.72 feet to a point for corner;
THENCE, N37005'12"W, a distance of 208.72 feet to a point
for corner;
THENCE, S52054'48"W, a distance of 208.72 feet to the POINT
OF BEGINNING.
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 thro~gh 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 office of the County Clerk of Harris
County, Texas, under County Clerk's File No. 433082. Reference
,to such deed is here made for all purposes, and such deed, and all
of the covenants, terms, ~greernents 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-
ance of this covenant (but without 1imiti~g its, general applica-
bility and effect), the CITY ,OF LA PORTE did specifically covenant
and ~gree with the F.A.A., which covenants and ~greernents are
expressly made a part of this ~greernent, 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 o~ facilities thereon will discriminate
against any person or class of persoris by reason of race, color,
creed, or national or~gin in the use of any of the facilities
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provided for the public on the Airport.
B. That in any agreement, contract, lease or other
arrangement under which a right or privilege at the Airport is
granted to any person, firm, or corporation to render to the
public any service (including the furnishing or sale of any
aeronautical parts, materi~ls, pr 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, ~qual, and
not unjustly discriminatory basis to all users
thereof, and
(2) to cha~ge 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,
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 operating aircraft 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 privil~ges referred to in subsection b,
the services involved will be provided on the same conditions
as would apply to the furnishi~g of such service~ by contractors
or concessionaires of the CITY OF LA PORTE under the provisions
of 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
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covenant to abide by all such statutes and administrative
regulations.
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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, passe~gers, guests, patrons, invitees, suppliers of
materials and furnishers of service, or their said equipment,
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vehicles, machinery, or other property, and without cha!ge to
LESSE~, except as in this instrument expressly provided for.
v.
LESSEE shall have the r~ght to maintain on said field
and within the limits above described, an F.A.A. certified train-
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ing schoo~,and to carryon commercial air activities such as a
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charter plane service for both ca!go and passe~gers, s~ght-seeing
tours, repair and maintenance shops for aircraft, sale of air-
craft, stor~ge of aircraft, and the like;' and, for carryipg on
these activities, it is understood and ~greed that LESSEE shall
have a right to all necessary use of all landipg strips for the
take-off and landipg,of aircraft.
VI.
The term of this lease is for a period, beginning on the
1st day of July, 1972, and ending on the 30th day of June, 1992
(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 June, 1992,
at an annual rental as hereinafter provided; LESSEEsh~ll also
haye the option to renew said lease for a second five-year period
commencing on the 1st day of July, 1997. LESSEE shall exercise
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said option(s) by giving LESSOR written notice of his intention
to renew not later than sixty (60) days prior to the expiration
of the existing lease or renewal thereof. Annual rental for the
term of each renewal option period shall be at the then estab-
lished current rental rates at the Airport, provided, however,
that such rentals shall not be less than the annual rental during
the primary term hereof, as provided in Paragraph VII.
Upon the expiration date of this lease or any renewal
or extension hereof, no notice to quit possession shall be neces-
sary, 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 premises,
LESSEE hereby agrees, binds and obligates itself to pay unto LESSOR
the sum of Fifty-two Thousand Two Hundred Seventy-two Dollars
($52,272.00), which shall be payable in annual installments as
follows:
The sum of Two Thousand Six Hundred Thirteen Dollars
and Sixty Cents ($2,6l3.60) shall be paid in cash,
upon execution of this lease; and
The further sum of Two Thousand Six Hundred Thirteen
Dollars and Sixty Cents ($2,6l3.60) shall be paid
annually in advance, on the first day of July, 1973,
and thereafter 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, 1991, each of which
said annual installments shall be in the sum of Two
Thousand Six Hundred Thirteen Dollars and Sixty Cents
($2,613.60).
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
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 to 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.
X.
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 shall 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 buildings and structures now
located on said airfield. All buildings shall be designed 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 obligated to maintain its leased
premises in a good state of repair and neat appearance, and keep
the grass mowed at all times. LESSEE 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~g the line havi~g a dimension of 287.58
feet. LESSEE shall provide necessary permanent sanitary facilities,
telephone, personnel, waiti~g 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 tne leased premises. In providing
utilities service to the leased premises, LESSEE shall not allow
any such facilities to be installed nearer than three hundred
(300) feet to the center-line of any runway. Fuel stor~ge shall
be underground, 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.
LESSEE ~grees to obtain and maintain at his sole cost
and expense, publi~ liability insurance and property damage
insurance on the leas~d premises to protect LESSOR and LESSEE
against all loss or damage from the claims of all persons who
may be in or on these premises by the invitation, consent or
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xv.
LESSEE shall use due care and dil~gence in all activi-
ties and operations on the premises and the Airport, and will
indemni'fy and sav~ LESSOR harmless from any liabilities, loss,
costs or other expense of any nature, ,caused solely by any
n~gl~gence of LESS~E or any employee or ~gent.of LESSEE and without
the contributory n~gligence 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.
XVI.
In case of bankruptcy or insolvency on the part of
LESSEE, or in case of any receiver bei~g appointed to take
cha~ge 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
forfeited by the LESSEE;. and LESSOR shall be entitled in such event
to the immediate possession of such premises and no receiver,
trustee in bankruptcy, or ass~gns for the benefit of creditors
shall acquire in any such case any of the r~ghts of the LESSEE
hereunder; the landlord's lien, however, in such event, shall
not cease and the liability of the LESSEE for the damages 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
terms, ~greernents, 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) ~ays 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 deficiency. In
. addition to all buildings and permanent improvements placed on
said Airport by LESSEE becoming the property of the LESSOR,
LESSOR shall have 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
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upon performance of any of the terms or conditions of this lease i
shall not be construed as a waiver or relinquishment of the future ,I
performance of any. such term or condition.
XVIII.
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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, agreements, conditions and covenants
imposed by this lease), it is understood and agreed between the
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parties that their r~ghts, as to any permanent improvements
erected on the field by LESSEE, shall be as follows:
~ny permanent improvements erected on the leased premises
by LESSEE shall be the property of 'LESSEE. It is further agreed
that LESSOR shall have a first option ,to purchase said improvements
from LESSEE. For the purpose of arriving at the value'of such
improvements for sale purposes, 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 agree 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
LESSEE shall have, hold and enjoy peaceful and uninterrupted
possession 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 registered 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, Texa~ 77571, or to such other respective addresses
as the Parties hereto may des~gnate in writing from time to time.
XXI.
This Agreement of Lease is in renewal, rearrangement,
and extension, but not in extinguishment, of that certain Lease
Agreement by and between the City of La Porte, LESSOR, and M. L.
Miller, LESSEE, dated July l, 1967, for Tract One described
above; and that certain Agreement of Lease, dated July 1, 1968,
by and between the City of La Porte, LESSOR, and Gulf Central
Aviation, Inc., a Texas corporation, LESSEE, as to Tract Two,
described above. The said M. L. Miller joins in the execution
of this l~ase, to evidence his agreement to assign all of his
rights as Lessee unde~ said Agreement of Lease dated July 1, 1967,
to Gulf Central Aviation, Inc.
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XXII.
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
signed and sealed this instrument in several duplicate originals,
this the 1st day of July, 1972.
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CITY OF LA PORTE LESS0R
BYZ ~ 773~
E. A. ~YOr
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ATTEST:
?,~:.u~~~//
~t lerk
GULF CENTRAL AVIATION, INC.
LESSEE
By ~~ y:: Jfd~7
) Tomas F. Helenberg,
Vice President
ATTEST:
~l~ %l/pJ
Secretary-Treasurer
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LA PORTE'LT~~AS
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DATE:
7-11-72
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