HomeMy WebLinkAboutO-1976-1052
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ORDINANeE NO.
1052
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AN ORDINANeE AUTHORIZING AND DlREeTING THE MAYOR AND THE
eITY eLERK OF THE CITY OF LA PORTE FOR AND ON BEHALF OF THE
eITY OF LA PORTE TO EXEeUTE AND TO AFFIX THE SEAL OF THE CITY
TO AN AGREEMENT OF LEASE BETWEEN THE eITY, AS LESSOR, AND
GREGORY AVIATION, A CO-PARTNERSHIP, AS LESSEE, FOR A PERIOD
OF TWENTY (20) YEARS, BEGINNING ON THE 1ST DAY OF JANUARY,
1977, AND ENDING ON THE 31ST DAY OF DEeEMBER, 1996, FOR THE
LEASE OF A PORTION OF THE eITY OF LA PORTE MUNleIPAL AIRPORT,
TOGETHER WITH THE RIGHT TO USE APPURTENANT FAeILITIES THEREAT,
AeeORDING TO THE TERMS, PROVISIONS, AND eONDITIONS eONTAINED
IN SAID AGREEMENT, A eoPY OF WHleH IS ATTAeHED HERETO AND MADE
A PART HEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDING 'AN
EFFEeTlVE DATE OF THIS ORDINANCE.
WHEREAS, GREGORY AVIATION, a co-partnership, composed of
ROBERT A. GREGORY and JM~S M. WILLlkMS, desires to lease a
portion of the eity of La Porte Municipal Airport; and
WHEREAS, the eITY OF LA PORTE has agreed with the said
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GREGORY AVIATION, upon the terms, conditions, and agreements
of a lease for, a period of twenty (20) years;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY eOMMISSION OF THE
eITY OF LA PORTE:
Section 1. That the Mayor and the eity elerk of the eity
of La porte, Texas, be, and they are hereby authorized and
directed to execute for and on behalf of said eity an agree-
ment of lease with Gregory Aviation, a co-partnership, for a
period of twenty (20) years, beginning January 1, 1977, and
ending December 31, 1996, for the lease of a portion of the
eity of La Porte Municipal Airport, according to the terms,
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provisions, and conditions contained in such agreement, a
copy of which is, attached hereto, i.ncorporated 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
eommission that the remainder of such Ordinance shall remain
in full force and effect.
Section 3. This Ordinance shall take effect and be in
force from and after its passage and approval.
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1052 , Page 2.
Ordinance No.
r,
PASSED AND APPROVED this the 1st day of November, 1976.
eITY OF LA PORTE
By-" _G~_~
J. J. Meza, Mayor \
For the eity eommission
ATTEST:
~O.~
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e~ty ~rk
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C~ty Attorney
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THE STATE OF TEXAS X
X
eOUNTY OF HARRIS X
AIRPORT LEASE AGREEMENT
This AGREEMENT ma~e and ent,ered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corp~ration of Harris eounty, Texas,
hereinafter called "LESSOR, II and GREGORY AVIATION, a co-partnership"
co~posed of ROBERT A. 'GRE(,~RY and' JAMES M. WILLIAMS, 'of Harris
eounty, Texi;ls, hereinafter called ,IILESSEE,"
'W I T N E SSE T H:
That the Parties hereto, for and in. consideration of the
premises, and the rents,' covenants and !igreements contained herein,
agree as follows:
I.
LESSOR hereby leases a;nd rents to LESSEE, " the following
described portion of the eity of La Porte Municipal Airport,
,;
hereinafter referred to simply 'as "Airport," the boundaries of
said leased port~on being, as shown on the surveyor's plat thereof,
attached hereto as Exhibit nAil, incorporated by reference herein,
and made a part hereof for all pu~poses;, and being more particu-
larly 'described by metes and bounds o~ Exhi~i t ~'B", a ttached h~reto,
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incorporated by reference her.ein,' and made, a .part hereof for all
purposes.
II.
The term of this lease is for a period' of twenty (20) years
beginning on the 1st day of January, 1977, and ending on the 31st
day of December, 1996.
Upon the expiration date of this lease, no notice to quit
possession'shall be necessary, and LESSEE covenants, to peaceably
surrender p~ssession of the premises to LESSOR on that date.
III.
As rent for.the use and occupancy of. the leased pr~mises,
LESSEE hereby agrees, binds and obligates itself ~o pay ,unto
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LESSOR the sum of FIFTY-SEVEN THOUSAND 'SEVEN HUNDRED SIXTY-FIVE
DOLLARS AND TWENTY CENTS ($57,765.20), which shall be payable in
annual installments as, follows:
The sum of, TWO THOUSAND EIGHT HUNDRED EIGHTY-EIGHT
DOLLARS AND TWEN:TY-S'IX eENTS ($2,888.26) shall be
paid in cash, upon ex~cution of this lease; and
Failure to pay anyone or more installments of rent when due,
or within'ten (10) days afte~ the same'shall become due, shall
,terminate this lease, at the 9ption of the LESSOR.
v.
Annual rental hereunder will be adj~sted January 1, 1978,
II
(the second calendar year of this lease agreement), and every
January 1st thereaf~er, based upon changes in the,eonsumer Price
Index (all items, U.s. city average) publ~shed by, the Bureau of
Labor Statistics'of the U.S. Department of Labor, base year 1967
(100), (hereinafter referred to as the "Price Index"). The
yearly average for ,the first calendar'year of, this lease agre~-
ment, for calendar year', 1977 , shall pe the reference date as the
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"base period~' against, which to measure any p,ercentage changes in
the rental hereunder. eommencing with the ,rental period begin-
ning January 1,.1978, and o~ January 1st, of each and every year
thereafter during the term ,hereof, ,the annu~l rental hereunder
shall be. subject to escalation by the same percentage as the said
eonsumer Price Index shall have escalated from the "base period"
to the yearly average 'for the immediately preceding calendar
year. Such additional.pe~cen~age rental hereunder, if any,
shall be due and pay~ble in like manner as the. base rental here-
under, on,or before Apri~ 1st of ~ach applicabl~ calendar year.
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VI.'
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This lease is made subject to all of the, terms, agreements
and conditions contained in that certain Deed from the, United
States of America, acting by. and th:rough,.War, Assets Administra-
tor, grantor, to the eity of, La Porte, a municipal corporation,
grantee, which Deed is ,dated the 4,th' day of Jun,e, 1947, and is .
recorded in the office of ,the eounty elerk of Harris eounty,
Texas, under County elerk's File No.' 433082. Refere'nqe to such
deed is here made for all purP9ses, and such' deed, ~nd all of
the covenants, t~rms', 'agreements and 'conditions, therein con-
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tained, a're hereby. incorporated ,by r,eference herein" as fully
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as though cont~ined herein.
Further, LESSOR herein has heretofore entered into an
agreement with the Federal Aviation'Agency (hereinafter called
the "F.A.A."), in which ,it agreed that LESSOR will operate the
Airport for ,the use and ?enefit of the public, on fair and
reasonable terms',. and .with9ut unjust discrimination. In fur-
therance of, this covenant (but without limiting its general
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applicability and effect), the eITY OF LA PORTE did specifically
covenant an~,~gree with the F.A.A., ,which ,covenants''-and agree-
ments are expressly made a part of thip agreement,'as follows,
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to-wit:
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(a) 'LESSEE agrees to operate the premises, leased
" for. the use a~d ,benefit of the public.
(1') To furnish good, prompt, and efficient
service~'adequate to meet all the de-
mands for its service at the airport.
(2) To furnish said service on a fair, equal,
and non-discriminatory basis to all users'
thereof, and
(3) To charge fair, reasonable', and non-
,'discriminatory prices for 'each unit of
sale or service, provided that the'LES-
. SEE may be allowed' to make reasonable
and non-discriminatory discounts,
rebates, or oth~r similar types of price
reductions to volume purchasers.
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(b) The LESSEE, his agents and employees will not
,discriminate against any person or class of per-
sons b~ re~s6n of race, color~ creed or national
origin in prov~ding any'service~ or in the use
of any of its' facilities provided 'for the public,
, in any manner prohibited by Part 21 of the
',Federal Aviation Regulations. The LESSEE fur-
, ther agre~s to comply with such enforcement
,procedures as the United States might demand, that
,the LESSOR take in order to comply with the
LESSOR'S Assurances.
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(c), It is clearly understood by the L~SSEE that no
right or privilege ,has been granted which would
. .,operate' to prevent any person,. firm, or, corpor-
ation operating aircraft on the 'alrpQrt from
, performing.any serv~ces on'its own aircraft with
. , its own regular employees (including, but not
limited to, maintenance and repair) that it m~y
choose to perform.
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(d) ,It is understood and agreed that nothing herein
contained shall be construed to 'grant or author-
ize the granting of an exclusive right.
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(e) LESSOR reserves the right to further develop o~
improve the landing area of the airport as it
sees fit, regardless of the desires or view of
the LESSEE, and without interference or hindrance.
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(f) LESSOR reserves the right, but shall not be obli-
gated to LESSEE, to maintain and keep in repair '
the landing area 'of the airport and all publicly
owned facilities of the airport, together with
,the right to direct and control all activities
of LESSEE in this regard. "
'(g) , 'During the time of war or national emergency,
'LESSOR shall have the right to lease the landing
area or any part thereof to the United States
Government for military or naval use, and, if
such lease is execu~ed, the provi~ions of this
instrument insofar as they are inconsistent with
the provisions of the lease to the" Government,
shall be suspended.
(h) LESSOR reserves the right to take any action it,
considers necessary to protect the aerial
approaches of the airport against obstruction,
together with the right to prevent LESSEE from
erecting, or permitting to be erected, any
, building or other structure on or adjacent to
the airport which, in the opinion of the LESSOR,
,would limit'the usefulness of the airport or'
constitute a hazard to a~rcraft. '
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(i) This lease shall be subordinate to the provi-
',' sions of any existing or future agreement
between LESSOR and the United States, relative
to the operation or maintenance of the airport,
the execution of which has been or may be
required as a condition precedent to the exp~n-
ditur~ of Federal funds for the development of
the airport. ' "
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VII.
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This lease is also,subject ~o all Federal and State
statutes and administrative regulations touching upon aviation,
to the extent that they affect the eity of ' La Porte Municipal
Airport and LESSEE'S ~per~tions, and LESSOR and LESSEE each
covenant to abide by all such statutes and administrative
regulations.
VIII~
This lease is for the no~-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
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~ full and unrestricted access to and egress from the demi~ed
premises and the 'said Aitport, and between, the premises and the
Airport, for LESSEE-, .-airc'raft operated by LESSEE, its employees,
passengers, guests, patrons, invitees, suppliers of materials,
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and furnishers of service, its or their equipment, vehicles,
machinery and other 'p~operty, without charge to or on said
employees, passengers, 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 charge to
LESSEE, except as in tnis instrument expressly provided for.
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IX.
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LESSEE shall have the right to maintain on said field and
within the limits above described, the fOllowing "aeronautical
activities": charter operations, pilot training, aircraft
rental and sightseeing, aerial, pho~ography, crop dusting, aerial
advertising and surveying, air carrier operations, aircraft sales
and services, sale of aviation petrole~ products whether or not
conducted in conjunction with ,other included activities, repair
and maintenance of ai~craft, sale of aircraft parts, and any
other activities whioh because of their'direct' relationship to
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the operation of ~i~craft can be appropriately regarded as an
?" "aeronautical activity". (The fOllowing ar~ exampJ.;.es of what are
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grass mowed at all times. ,LESSEE shall :restrict its operations
(other than its right to ,use the common facilities of the Airport)
to its leased area hereinabove described. LESSEE shall provide
necessary permanent sanitary facili.ties, telephone, 'personnel,
~ai ~ing room" and other services that may be requiJ::ed to protect
the health, welfare and safety of LESSEE'S patrons. LESSOR shall
have no responsibility to provide 'utility service of ~ny nature
to the leased premises. In providing utili tie's service to the
leased premise~, LESSEE shall not allow any such facilities to
b~ installed nearer th~n three hundred (300) feet to the center-
line of any runway., Fuel storage shall be underground, and tanks
and pumps shall be installed in accordance with Federa~, State
and local codes applicable thereto.
XIII.
No exclusive rights ,are granted'to LESSEE to use the said
Airport and the LESSOR reserves the right to make leases of por-
tions of said Airport to 'other pa~ties.
XIV.
Said airfield is a municipa~ airport, under the control and
direction of the LESSOR. The LESSOR shall make no use of said
airfield which would substantially impa~r:the opera~ions of the
LESSEE.
XV.
LESSEE agrees to obtain and main.tain at his sole cost and
'expense, public liability insurance and property damage insurance
on the leased 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 invitat~on, consent or' sufferance of LESSEE.
Such public .liability insurance sh~ll have minimum ,bodily injury
limits of One. Hundred Thousand, Dollars ($100,000)' for each person
and Three Hundred Thousand Dollars ($300,000) for' each 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 sha~l furnish LESSOR certificates. of all
insurance coverage.
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not considered "aeronau~ical activities": ground transportation
[taxis, car rentals" 'limousines]; restaurants; barber shops; auto
parking lots.)
X.
LESSEE'shall have the right to se,ll or assign this' lease,
or to sublet, the leased premises, or any part 'thereof, provided
that LESSEE shall remain .liable and r~sponsible to LESSOR for the
payment of ,all rentals ,to' become due under this lease, and for
the performance of all of the terms,' qonditions, and agreements
herein contained.
XI.
LESSEE shall. have the further righ~ to erect any and all
buildings and ~tructures on that portion ,of the airfield herein-
above described ,as may be necessary. for the conduct of its business,
provided that such buildings and structures do not interfere ,with
the operation of the, field. No buildings or other structures
shall be placed by LESSEE nearer, than three, hundred '(300) feet
to the cen1;:er-,lj,ne, of any runway. The LESSOR shall ,not construct
or pl,ace, or permit to be constructed or ,placed" any building or
structure nearer than three hundred (300) feet to the center-
line of said runways. All hangars and oth,er build~ngs or struc- ,
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tures erected, or pla~ed,on the hereinabove described property by
LESSEE shall be, .new and: of modern design and,' conform' in appear-
, ,
ance to those ,buildings and structures now located on said air-
field. All, buildings shall ,be designed to.withstand wind
velocity requirements of the, Southern Standard. BU,ilding Code,
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eoastal Di,vision, and shall be of steel construction" with
concrete slab. P.rior to commencement of construction, building
plans and specifications shall ,be approved by the.F.A.A. and
LESSOR, and LESSEE shall ,secure a ,building permit from LESSOR
prior to commencing construction.
XII.,
LESSEE shall pe obligate4 to maintain its'le~sed premises
in a good state of repair and neat appearance, and keep the
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XVI.
LESSEE shall u,se due care :and diligence in all activities
and oper~tions on the premise~,and' the Airport; and will indem-
nify and save LESS,OR ha.rmless from, a,ny liabil,ities, loss, costs
or other expense of any na~ure, caused. solely ,by 'any negligence
of LESSEE or any employee or' agen~ of LESSEE and without the
contributory negligence of ' LESSOR. LESSQR shall give LESSEE
immediate notice of any matter covered hereby and shall forward
to LESSEE every demand, "notice, summons or other process
received ~n any clqim or legal proceeding covered hereby.
. XVI I .
In case' of bankruptcy or insolvency on the part of L~SSEE,
or ,in case of ~ny receiver being appointed to take charge of the
proper.ty, or any portion o~ 'the property of L~SS~E, in or upon
the premises he~eby 'leased, then and'in such event the LESSOR
may, at its option,' declare this lease to be terminated or for-
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feited by the LESSEE; and,LESSOR sha~l be entitled in such event,
to the immediate poss,ession of such premises and no, receiver,
trustee in bankruptcy', or, assigns for, t~e ,benefi t 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 damages on
account of any breach of any, obligation ,to be performed:by the'
LESSEE under ,the terms of this lease, shall continue and remain
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in full force and effect.
XVIII.
Failure on the part of the LESSEE to perform a~y of the
terms, agreements,' conditions and covenants imposed by this lease
shall, at the option of, the LESSOR, cancel'the lease and all
rights o'f LESSEE shall. be thereupon terminated and all buildings
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and permanent improvements placed on 'said Airport by LESSEE shall
become the property of the ,LESSOR; provided, however, LESSEE shall
have sixty (6~) days written notice from LESSOR in which 'to correct
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any default before canc~llation, except that no notice shall be
required for failure to .pay any installment of rental as herein
provided. In the event t~atLESSEE fails to corre~t any such
defa~l,t during such ,sixty '(60) day..period, LESSOR, its agents
or attorneys" shall, hav.e,; ,the right, to re-enter and remove all'
persons therefr~m wi th?ut being deemed guil'ty, of any manner of
trespass, and without prejudice to any.remedies for arrears of
rent or, breach' of covenant, or LESSOR, its age~ts or ,attorneys,
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may resume possession' of the premises and 're-let the same for
the remainder, of the 'term fo,r. the best rental it may ,obtain, for
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account of LESSEE,' which shall make good any deficiency. In
addition to all buildings and. permanent improvements placed on
said Airport by LESS,EE becom~ng' the property of, the LESSOR,
LESSOR shall have a lien as security, for the rent aforesaid upon
all the impr~vements, additions, equipment and other personal
property which'LESSEE may place on and,in the leased.premises.
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The failure of the LESSOR to ,insist in anyone or more instances
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upon perfprmance of 'any' of the ,terms, or conditions 'of this lease
shall not be construed as a waiver or relinquishment of the future
perfo~mance of'any such term or condition.
XIX.
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Upon the termination of 'this lease (which, termination 'is not
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by reason ~f failure on the par.t of the LESSEE to,.perform a~y of
the terms, agreements, conditions and covenants imposed by this
lease), it is understood and agreed between the parties that
their rights, as to any permanent improvements erected on the
field by LESSEE, shall be as follows:
Any permanent improvements erected on the l.eased premises
by LESSEE shall be the property of LESSEE. ' It is further agreed
that LESSOR shall ,have a first option to purchase said improve-
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merits from LESSEE. ,For the purpose. of arriving' at the value of
such improvements for sale purposes, LESSEE and LESSOR shall each
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select an arbiter, 'and'such two arbiters shall select a third,
and such three'arbiters shall agree upon a purchase-sale price
for said impro.vements., If LESSOR' does not exercise its ,option
'to purchase said i~provements" LESSEE shall' 'have the right to
sell. said improvements to o.ther' parties. Any expenses incident
to the conduct of ,such'arbitratio~ shall be borne equally by
LESSEE and LESSOR.
xx.
LESSOR covenants that LESSOR,has good right and ,lawful
authority ~o execute this ,Lease,'t~at throughout the term hereof
, ,
LESSEE shall, have, hol.d and enjoy, peaceful and...uninterrupted
possession, of 'all of ,the Premises. and Airport rights herein and
hereby leased and granted, subject always to ,the payment of the
rent 'and the performance ,of the coven~nts, as herein provide~
to be paid and performed by LESSEE.
XXI.
Notices provided for in this Lease shall be sufficient if
sent by registered mail., pos,tage prepai.d..,', addressed, if to LESSOR,
to the e~ty of La Por,te, Attention: .Mayor, .La Porte, Texas;
and, if 'to LESSEE, to: Greqorv Aviati.o!l' 2823 S. Shaver Street
Pa~adena, Texas, 77502 , or to such other respective addresses
as the Parties hereto may designate in writing f~om time to time.
XXII.
All references herein contained to LESSOR,an~ to LESSEE,
. shall be deemed to include the heirs,. successors, assigns, and
legal representatives of each.
IN WITNESS WHEReOF, the Parties hereto,have ,~ereunto signed
and sealed this instrument in several duplicate originals, this
the ' 1st
day' o'f "NOVEMBER
, 1976.
.:
CITY ~~
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Mayor ,
LESSOR
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ATTEST:
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GREGORY, AVIATION LESSEE
BY~~~
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. AMES M. W~LLIAMS .
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NO.
REVISION
E3usch / ~utch,sC'n ond t:\ssociatee Inc
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BY I cm I APD I DATE ~A ~-n~)WN E& ~
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. CONSULnNG ENGINEERS
- DRAWN~~~
Ci+y of LaPorte
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DESIGN
- Proposed Gregor-y Le~5e
CHICO,
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DATE 10-4 -7~ SCALE ':.100 NO. 7G 44-5
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BUSCH. H'UTCHISON & ASSOCIATES, INC.
"07 I"LItIl:TWOOD DAIVIE -
BAVTOWN, TItXA.B 77120
October 8, 1976
FIELD NOTES: AIRPORT GREGORY LEASE
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,CONSULTINQ ENQINEERS
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BEING a parcel of land in La Porte, Harris County, Texas, and being out of
the W, M, Jones Survey (A-482), and also situated within the confines of
the La Porte Municipal Airport and being more particularly described by
metes and bounds as follows: '
COMMENCING at the Southeast corner of the La Porte Municipal
Airport property, said point lying in the North Right-of-way
line of Spencer Highway;
THENCE North 890 331 West with the North Right-of-way line
of Spencer Highway, being also the South line of the
aforementioned Airport property, a distance of 100 feet to
, a point;
......
THENCE North parallel to and 100 feet from the East line
of the said Airport property a distance of 426,19 feet to
to the POINT OF BEGINNING, said point being marked with an
iron rod;
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THENCE North 520 20' 30" West parallel to and 300 feet from
the centerline of the existing NW-SE runway a distance of
580,00 feet to a point for corner, marked with an iron rod;
THENCE North 370 391 30" East a distance of 315 feet to a
paint ,for corner, marked with an iron rod;
THENCE South 520 20' 30" East a distance of 336,91 feet to
,a point for corner, marked with an iron rod;
THENCE South parallel to and 100 feet from the East line
of the said Airport property, a distance of 397,89 feet
to the POINT OP BEGINNING, enclosing a tract of land
containing 3.315 acres (144,412.702 SQ. FT.), more or less,
---
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\:rMES P. HUTCHISON, ENG. REG~ 23549
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