HomeMy WebLinkAboutRES 92-017 )C-9J - 17
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute an amendment to the FBO
agreement with Beaumont Wings, Inc. (Glen Hatch), substantially in the form as attached hereto
as Exhibit "A", for grounds/facility maintenance services at the Beaumont Municipal Airport.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the .t day
of - 1992.
- Mayor -
�� 91 i7
0 f
DRAFT
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON X
LEASE AMENDMENT
WHEREAS, the City of Beaumont, Texas, herein called "Lessor", and Harold G. Hatch,
herein called "Lessee", entered into an assignment agreement on February 1, 1991 regarding a lease
agreement entitled "Commercial Aeronautical Services and Activities (FBO) Facilities Lease Agreement"
which originally commenced on March 26, 1990; and
WHEREAS, the City desires the Lessee to perform grounds and facility maintenance
services for the Beaumont Municipal Airport; and
WHEREAS, safe, economical, and effective services are desired for the promotion of
Beaumont Municipal Airport, along with a pleasant appearance, and provision of a coordinated,
responsive, well managed maintenance program, and
WHEREAS, the assigned lease agreement provides the Lessor the right to require
modifications in the scope of work to be provided by Lessee;
NOW, THEREFORE, in consideration of the mutual covenants and considerations herein
contained, the Lessor and Lessee therefore agree to include as part of the assigned lease, the following:
1.0 PROVISIONS FOR AIRPORT GROUNDS/FACILITY MAINTENANCE shall be, but are not limited to,
the following services:
1.1 GRASS CUTTING: The Lessee shall maintain grass heights in airport areas as indicated
in Exhibit "A It shall be the responsibility of the Lessee to assure that grass heights do
not exceed those indicated in Exhibit"A", and that grass is maintained on airport property
to the edge of the Keith Road pavement, including all ditches on or surrounding airport
property, except as provided for herein.
1.2 METHOD: The Lessee may not kill grass or any other plant life without specific written
approval from the Director of Central Services or his designee. It is not intended that the
maximum grass heights be maintained through killing of plant life. Maximum grass
heights may be maintained through mowing or in conjunction with chemical spraying as
approved.
1.3 CULTIVA' The Lessee shall only be require( ultivate plant growth in the
indicated areas or Exhibit "A". Such cultivation shall be performed as necessary to
maintain plant life and a pleasing appearance through watering, fertilizing, weeding, and
other measures as necessary. All lawn areas, areas with a maximum grass height of two
(2) inches, shall be mowed weekly from April 1 st through September 30th at 1 3/4" to 2"
heights. All clippings from lawn areas shall be removed. Lawn perimeters along walks,
curbs, parking lots and gutters are to be edged to maintain a crisp, clean appearance.
Clean up will include removing grass clippings from walks, curbs and pavings. Grass
around signs, fence lines, trees, poles and other obstacles shall be removed by
monofilament trimming. The Lessor shall furnish necessary water for these areas. The
Lessee shall be responsible for all other equipment, materials, and supplies for such
cultivation.
1.4 CHEMICALS: Any chemicals to be used for the purpose of fertilization, killing,or reducing
the growth of plants, or for insect or pest control may not be used without the specific
written approval of the Director of Central Services or his designee. Prior to any
application of such substances, Lessee must submit to City each substances Material
Safety Data Sheet. It shall be the responsibility of the Lessee to use or apply all
chemicals with due care and according to manufacturer's specifications and any
applicable laws.
1.5 LANDSCAPING: Landscaped areas near the main terminal building of the airport shall
be maintained in a neat and pleasant appearance. Shrub hedges, ground covers and
vines shall be pruned according to recommended horticultural practices. Vines and
ground cover shall be trimmed back away from building to eliminate growth through walls.
Weed and grass control in beds shall include hand pulling and cultivating to maintain a
loose, aerated top layer. Bed edges are to be kept clean and well defined. Replacement
of any landscaping shall be at the expense of the Lessee. The Lessor reserves the right
to install additional landscaping at the airport at its own expense, with maintenance to be
the responsibility of the Lessee.
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1.6 PEST CC )L: The Lessee shall provide all neces: .bor, equipment,supplies, and
services for control of insects, rodents, and other pests in all areas of the airport generally
used by the public or in areas necessary for safe and effective use of the airport. The
intent is to provide a safe and pleasing environment for use by the public. Areas include,
but are not limited to, buildings, lights, ultralight areas,taxiways, aprons, runways, parking
areas, recreation areas, T-hangars, and other public areas or airport facilities. Lessor
shall be responsible for termite control in the Terminal Building, North Office/Hangar
Building, and South Hangar. Lessor shall also be responsible for pest control in the
terminal building.
1.7 SWEEPING: The Lessee shall provide sweeping to keep all paved areas reasonably free
of debris. All walks shall be swept weekly and debris removed from the site. Paved
areas inside hangars are not included. Particular attention shall be given to runways and
taxiways due to the increased potential of property damage in such areas. All debris,
rocks, mud and trash tracked, in thrown or dislodged onto runways taxiways or aprons
while providing the services required in the performance of this agreement shall be
removed immediately. Sweeping of entire runway,taxiways, and apron shall be provided
at least once each six months.
1.8 DEBRIS: It shall be the responsibility of the Lessee to keep the airport reasonably free
of debris, including any necessary hauling to approved disposal sites, in accordance with
all applicable laws.
1.9 LIGHTS: The Lessee shall remove all aggregate from around runway and taxiway lighting.
Lessee shall prevent or limit vegetation growth within a one(1) foot radius around fixtures
to two (2) inches in height.
The Lessee shall provide maintenance of the runway, taxiway, VAST, and Wind-T lighting
systems as listed below. Because time is of the essence in replacing such fixtures,
Lessee shall promptly make all repairs.
1.9.1 Replace light bulbs, as required.
1.9.2 Replace fixture globes as required.
1.9.3 Insure proper fit of all fixture components.
1.9.4 Shall record and report to the City lights which required operational repairs.
1.9.5 Shall record, report and make issuance of NOTAM's to appropriate governmental
agency and to City of conditions affecting the safety of airport operations.
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B
1.9.6 F labor and materials to ensure that r ht's concrete bases are kept
le._. .vith the surrounding ground.
Bulbs and globes for runway and taxiway lighting shall be furnished to the Lessee on an
as needed basis by the Lessor. Any loss of material inventory shall be the responsibility
of the Lessee and may be deducted from monthly payments.
1.10 CUSTODIAL SERVICE: The Lessee shall provide custodial services in the main terminal
building including, but not limited to, cleaning floors, windows, glass structures,
restrooms, walls, furnishings, and other facilities. Restrooms shall be cleaned on a daily
basis as required by their usage. In addition, disposal of debris and other custodial
services shall be performed by the Contractor as necessary to maintain a safe and
pleasing environment as defined by Lessee. Custodial service shall include providing
cleaning and other supplies such as soap,toilet paper, hand towels, and dispensing units
for such,all as necessary for efficient operation of the building. Custodial inspections and
necessary services shall be performed by the Lessee seven (7) days per week. .
1.11 FACILITY MAINTENANCE AND REPAIR: Lessee shall make adjustments to and the
Lessor shall maintain and repair as necessary T-hangars, Wind-T, fences, and other
operational, security, or safety features of the airport. Additionally, the Lessor shall
maintain paved areas, such as runways,taxiways, aprons, parking areas, and driveways,
sidewalks, and repair pavement markings. Lessee shall provide inspection of problems
or hazards and report such findings to Lessor on a timely basis.
1.11.1 Maintenance replacement and providing of light bulbs for the exterior and interior
of terminal building shall be the responsibility of the Lessee.
1.11.2 Lessee shall include in the maintenance of the turf runway, proper painting and
placement of turf runway markers.
1.12 INSPECTIONS: Lessee shall perform routine inspections of airport facilities as indicated
on Exhibit "B", "Monthly Inspection and Maintenance Schedule'. Lessee shall notify
Lessor on a timely basis of any deficiencies or hazard incurred during inspection. A
signed inspection report verifying the individual responsible for completion of such
inspections shall be furnished to the Lessor on a monthly basis.
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1.13 VENDING' a Lessee shall provide, through the L• s own company or outside
vendors, coffee, soft drinks, and snacks. The Lessee shall obtain any necessary
permitsand may retain any profits from vending. Vending shall be limited to the main
terminal building snack area unless prior written approval is obtained from the Director
of Central Services or his designee.
1.14 FAA RULES AND REGULATIONS: All activities of the Lessee at the airport shall be in
accordance with all applicable rules and regulations of the Federal Aviation Administration
or other applicable agencies.
1.15 AREAS NOT INCLUDED: The Lessee shall not be responsible for maintenance or repair
of any areas or facilities leased to other parties by the City of Beaumont.
1.16 PROMOTION: The Lessee shall promote the airport, the City of Beaumont, and aviation
through courteous and positive interaction with all individuals, groups, organizations,
agencies, and other parties using the airport facilities, or expressing an interest in the
airport. This shall include an effort by the Lessee to schedule activities to maximize the
value of the Beaumont Municipal Airport to the citizens of Beaumont.
1.17 HOURS: The Lessee shall not be required to provide maintenance personnel at the
airport on a regular time schedule. However, the Contractor shall be available for service
calls as necessary between the hours of 8:00 a.m. and 5:00 p.m., seven (7) days per
week.
1.18 LIMITS ON FACILITY USE: The Lessee shall not use airport premises or facilities for
activities, storage, etc., not specifically allowed herein without written approval of the
Director of Central Services or his designee.
1.19 RESPONSE TO REQUESTS: The Lessee shall respond to all requests for maintenance,
repair, and investigation required by this agreement as soon as practical. In cases where
the Lessee is required to perform services required by this agreement,such services shall
be performed within twenty-four (24) hours following notice. For each working day or
portion of a working day in excess of the twenty-four hour completion requirement, the
Lessor shall be subject to a penalty of twenty dollars ($20). Each request shall be subject
to a separate penalty, and penalties may be deducted from any payments due to the
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Lessee f, lie Lessor. The Director of Central Sep or his designee may waive all
or a portion of such penalties on a case-by-case basis as conditions merit. Failure of the
Lessee to perform such services after seven (7) day notice, or failure to pay such
penalties after thirty (30) days notice may be considered a breach of contract by the
Lessee, at the option of the Director of Central Services or his designee.
1.20 NOTICE OF HAZARDS: Should any hazard exist at the airport, regardless of the hazard
source, the Lessee shall promptly notify the appropriate Air Flight Service and the Lessor
as soon as such hazard is noticed or brought to the attention of the Lessee. Notice to
the City of Beaumont shall be to the Director of Central Services or his designee, or in the
director's absence,to the Beaumont Fire or Police Department, as appropriate. All airport
FBO's shall also be notified if open; or if not open, immediately upon opening for the
FBO's next business day. Notices of any hazards shall also be placed on the airport
bulletin board.
1.21 STORAGE AND OFFICE AREAS: The Lessee shall have access to the custodial storage
area as identified in Exhibit 'Cu and hangar storage areas as identified in Exhibit V for
purposes of conducting activities associated with this agreement. The Lessee shall be
responsible for maintenance of these areas.
1.21.1 The Contractor shall exercise due and prudent care in storage and use of any
hazardous materials,fuels, herbicides, pesticides, etc., including security of such.
Such materials must be stored in accordance with all applicable rules and
regulations.
1.21.2 Maintenance and repair of equipment used by the Lessee in the performance of
this contract shall be the responsibility of the Lessee. The Lessee shall avoid
major maintenance and repair activities in public areas and,where practical, shall
perform such activities in the identified storage areas or at locations not on the
airport.
2.0 PROVISIONS FOR AGRICULTURAL ACTIVITIES
2.1 AGRICULTURAL PURPOSE: The Lessor does hereby allow Lessee to establish and
maintain a safe, effective, and efficient program for agricultural purposes at the airport.
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This pro- shall be restricted to grass or hay cutti d for no other purpose without
the written consent of the Lessor.
2.2 AGRICULTURAL AREA: Agricultural uses shall be restricted to areas described in Exhibit
W as"Maximum Grass Heights-Thirty-Six Inches'. Any dispute as to the boundary of said
area shall be determined by the Director of Central Services, whose decision shall be
final.
2.3 OPERATIONAL REQUIREMENT: The Lessee shall take affirmative actions to provide safe
operations for employees and airport users and visitors. The Contractor specifically
covenants the following:
2.3.1 That it will never conduct any operation closer than three-hundred fifty (350) feet
from runway centerline and three-hundred fifty (350)feet from runway ends or fifty
(50) feet from taxiway centerlines.
2.3.2 To strictly abide by all restrictions on ingress and egress to its leased premises.
2.3.3 That it will never traverse a runway or taxiway without specific authority from the
Director of Central Services or his designee for that specific crossing.
2.3.4 To allow no livestock on premises.
2.3.5 To raise or cultivate no crop that will lead to the infestation of birds. The opinion
of the Director of Central Services shall be final concerning whether a crop will
lead to an infestation of birds.
2.3.6 To keep all farming equipment off and not to cross over paved service roads,
runways, taxiways, and apron areas.
2.3.7 That it will not obstruct existing natural overland drainage or drainage ditches
without specific, written permission from the Director of Central Services or his
designee.
2.3.8 The Lessee shall not be required to cultivate crops and may bale natural grasses
or hay not requiring special farming operations such as irrigation. In the case of
cultivated crops, the Contractor will keep fields clean at the end of the normal
growing season and no crop shall be left in the field.
2.3.9 Crops or grasses shall not obstruct clear areas as required by Federal Aviation
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F stratior, rules or regulations.
2.4 LIEN: The Contractor hereby grants the City a security interest in the form of a landlord's
lien, to secure the payment of all rent that becomes due from the Contractor to the City
under this agreement including all crops grown on the airport and all proceeds from their
sale.
2.5 FARMING ONLY: The Contractor shall use the premises for grass or hay cutting
purposes only, and for no other purpose without the written consent of the Director of
Central Services or his designee.
3.0 FACILITY DAMAGE: The Lessee shall be responsible for any damage to airport facilities,
including, but not limited to, the runway and taxiway lighting; visual approach slope indicator
lights; wind indicator, segmented circle, traffic pattern markers, and all other airport facilities.
Because time is of the essence in repairing such damaged facilities, the Contractor agrees and
covenants that the Lessor may promptly repair or have repaired any such damaged facilities, and
the Lessee shall promptly reimburse the Lessor for such repair. The necessity of such repairs,
and the extent of such repairs, shall be determined by the Director of Central Services, whose
determination shall be final. At the option of the Director of Central Services, the Lessee may be
allowed to make such repairs to the satisfaction of Lessor.
4.0 MODIFICATIONS: Where changes to activities or areas included in this agreement are made,
payments shall be adjusted in a pro rata manner. All modifications must be in writing. The City
shall have the right to require modifications in scope of work.
5.0 RIGHTS AFTER TERMINATION: The Lessor shall have the right to terminate this "Lease
Amendment"without affecting the original assigned lease agreement for default or unsatisfactory
performance by the Lessor. The Lessor shall have the right to at once and without further notice
to enter and take possession of the premises occupied by Lessee hereunder for the performance
of this agreement and expel, oust and remove any and all parties who occupy any portion of the
premises covered by this agreement and any goods and chattels belonging to the Lessee or his
associates which may be found in or upon same without being liable for prosecution or to any
claim for damages thereof. Upon such termination by the Lessor,all rights, powers and privileges
of the Lessor hereunder shall cease, and the Lessee shall immediately vacate any and all space
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occupied by the ' -)r under this agreement, and shall ma' claim of any kind whatsoever
against Lessor, its agents or representatives by reason of such termination, or any act incident
thereto.
6.0 LESSOR PROVISIONS OF LABOR ETC.: Unless otherwise specifically indicated,the Lessor shall
furnish all services supplies and equipment necessary to perform all activities and covenants of
this agreement.
7.0 MANAGEMENT RIGHTS OF LESSEE: The Lessee is authorized to notify and/or warn airport
patrons who are violating the rules and regulations of the federal government, state or City of
Beaumont regarding operations at the airport. Upon such notification of warning, Lessee shall
notify the Lessor, as soon as practical, that such warning has been issued. The determination
of the necessity of corrective action shall be solely that of the Lessor. Lessee shall take no active
corrective action under this section without the written consent from the Director of Central
Services or his designee.
8.0 TERM: This agreement shall commence upon its execution by both parties and extend in
accordance with Paragraph 4.0 Term of Agreement in the Commercial Aeronautical Services and
Activities (FBO) Facilities Lease Agreement, dated April 26, 1990.
9.0 PAYMENTS: The Lessor agrees to pay the Lessee upon receipt of invoice, and with any
appropriate adjustments as specified herein, as payment for services, the sum of$5,333.34 per
month after services are performed. Such payment shall be made within thirty (30) days. The
Lessor may require the Lessee to itemize work performed prior to payment.
9.1 Deductions from payments by the Lessor to the Lessee may include items specified
herein, including but not limited to taxes, costs for damages by Lessor, or the amounts
which may be owed by the Lessee to the Lessor. Such deductions shall not be cause
for the Lessor to cease or partially cease operations or activities required by this
agreement.
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= 9.2 On the a anniversay date of this amendment, tl sor shall increase the monthly
payments by an amount equal to two percent (2%) of the previous years monthly amount.
EXECUTED this day of , 1991.
CITY OF BEAUMONT
By:
ATTEST CITY MANAGER
BEAUMONT WINGS, INC.
By:
HAROLD G. HATCH
AIRAMEND.LSE
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