HomeMy WebLinkAboutRES 01-168 RESOLUTION NO. 01-168
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute two Ground Lease
Agreements with Gary Giarraputo and Conn's Appliances, L. P. respectively for the
construction of aircraft storage hangars at the Beaumont Municipal Airport. The
agreements are substantially in the form attached hereto as Exhibit "A.".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the10th day of July,
2001.
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STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
GROUND LEASE AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Beaumont,
Texas,a municipal corporation,hereinafter called "Lessor," and
hereinafter called "Lessees."
Lessor and Lessees, for and in consideration of the rents, covenants and agreements
herein contained, mutually covenant and agree as follows:
1. LEASED PREMISES
1.1 Lessor leases to Lessees and Lessees hires from Lessor, for the purposes of
constructing and operating Aircraft Storage Hangar as provided herein and for no other purpose, those
certain premises located on the Beaumont Municipal Airport in the County of Jefferson, State of Texas,
containing square feet of land, and being more particularly described in Exhibit "A"
attached hereto and made a part hereof.
2. TERM
2.1 This lease shall be for a term of thirty (30) years, referred to as the "lease term,"
commencing on the 1st day of September, 2001, the "effective date," which is 30 days after passage
of the resolution authorizing this lease,and ending on the 31 st day of August, 2031; subject, however,
to earlier termination as hereinafter provided.
2.2 This lease shall terminate and become null and void without further notice on the
expiration of the term specified, and any holding over by Lessees after expiration of said term shall not
constitute a renewal hereof or give Lessees any rights hereunder in or to the leased premises.
3. RENT
3.1 Lessees agree to pay Lessor as rental for the use and occupancy of the leased premises
the following sums,subject to adjustment as hereinafter provided: Fifteen cents (8.15) per square foot
per year, payable in advance on or before the 1st day of September of each year during the term of
this lease. The minimum annual rental during the term of the agreement shall be one hundred dollars
(8100).
EXHIBIT "A"
3.1.1 For the sixth (6th) through tenth (10th) years of the term hereof, the annual
rental shall increase to twenty cents ($.20) per square foot per year.
3.1.2 For the eleventh (11th) through fifteenth (15th) years of the term hereof, the
annual rental shall be increased to twenty-five cents ($.25) per square foot per
year.
3.1.3 For the sixteenth (16th) through twentieth (20th) years of the term hereof,the
annual rental shall be increased to thirty cents ($.30) per square foot per year.
3.1.4 For the twenty-first(21st)through twenty-fifth (25th) years of the term hereof,
the annual rental shall be increased to thirty-five ($.35) per square foot per
year.
3.1.5 For the twenty-sixth (26th) through thirtieth (30th) years of the term hereof,
the annual rental shall be increased to forty cents ($.40) per square foot per
year.
3.2 All installments of rent hereunder,when and as the same become due and payable,shall
be paid to the City of Beaumont, Central Services Department, P. 0. Box 3827, Beaumont, Texas
77704, or to such other office or officer of Lessor as the City Manager may designate in writing in
advance.
4. CONSTRUCTION BY LESSEES
4.1 Lessees shall be required to erect on the leased premises permanent Hangar(s)
containing a minimum of square feet of space and paved driveways accessing taxiways.
Lessor shall have the right of reasonable approval of plans and specifications for the construction of
said building and appurtenances. The building and its appurtenances shall be constructed in
accordance with all applicable city, state and federal laws, ordinances, rules and regulations.
4.2 Lessees shall comply with the following construction schedule:
4.2.1 Within two (2) months from the effective date of this agreement, Lessees shall
furnish the City Manager or his designee detailed plans and specifications for
construction of the building and its appurtenances. The City Manager or his
designee shall approve or disapprove same. The City Manager or his designee
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may not unreasonably withhold his approval of the construction plans and
specifications. If the City Manager or his designee disapproved the
construction plans and specifications, he shall provide Lessees a written
statement of reasons for his disapproval.
4.2.2 Within six (6) months from the effective date of this agreement, Lessees shall
commence construction of said building under a general construction contract
requiring completion within twelve (12) months of the date of execution of this
agreement.
4.3 No structure, or other improvement, shall be placed on the leased premises which does
not comply with the plans, specifications and locations approved by Lessor. Lessees shall make no
material addition to or alteration of any structure erected on the leased premises unless and until plans
and specifications of the proposed addition or alteration shall have first been submitted to and approved
by the City Manager or his designee.
4.4 Construction shall be performed by a contractor(s) licensed by the City of Beaumont
to provide the required services. All construction shall adhere to all appropriate federal, state and local
laws, regulations, standards, codes and ordinances.
4.5 The approval by Lessor of any plans and specifications refers only to the conformity
of such plans and specifications to the general architectural plan for the leased premises and such
approval shall not be withheld unreasonably. Such plans and specifications are not approved for
architectural or engineering design and Lessor, by approving such plans and specifications, assumes
no liability or responsibility for any defect in any structure constructed from such plans or
specifications. All plans and specifications must be submitted to the City's Building Code Enforcement
Division for review and approval. All applicable permits must be obtained.
5. TAXES
5.1 In addition to the rental, Lessees shall pay and discharge all taxes, general and special
assessments, and other charges of every description which during the term of this agreement may be
levied on or assessed against the leased premises and all interests therein and all improvements and
other property thereon. Lessees shall pay all such taxes, charges and assessments to the public officer
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charged with collection thereof before same shall become delinquent, and Lessees agrees to indemnify
and save harmless Lessor from all such taxes, charges and assessments.
6. UTILITIES
6.1 Lessees shall pay all charges for water, heat, gas, electricity, telephone, sewers, and
any and all other utilities used on the leased premises throughout the term of this lease, including any
connection fee and pro-rata charges.
7. USE OF PREMISES
7.1 Lessees shall use the leased premises only for the storage of personal or business
aircraft. No other use is permitted without the prior written consent of the City Manager or his
designee. The sale or use of alcoholic beverages is prohibited without the prior written consent of the
City Manager or his designee. Additionally, Lessees will be allowed to sublet the premises, subject to
approval by Lessor. Approvals required hereunder will not be unreasonably withheld.
8. ENCUMBRANCE OF LEASEHOLD ESTATE
8.1 Lessees may,at any time, encumber the leasehold interest, by deed of trust, mortgage,
or other security instrument, without obtaining the consent of Lessor, but no such encumbrance shall
constitute a lien on the fee title of Lessor, and the indebtedness secured thereby shall at all times be
and remain inferior and subordinate to all the conditions, covenants, and obligations of this agreement
and to all rights of Lessor hereunder.
8.2 If at any time after execution and recordation in Jefferson County, Texas, of any such
mortgage or deed of trust, the mortgagee or trustee therein shall notify Lessor in writing that any such
mortgage or deed of trust has been given and executed by Lessees, and shall at the same time furnish
Lessor with the address to which it desires copies of notices to be mailed. Lessor hereby agrees that
it will thereafter mail to such mortgagee or trustee, at the address so given, copies of any and all
notices which Lessor may from time to time give or serve upon Lessees under and pursuant to the
terms and provisions of this agreement.
8.3 Any lender on the security of the leasehold shall have the right at any time during the
term of this agreement:
8.3.1 To do any act or thing required of Lessees hereunder and all such acts or things
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done and performed shall be as effective to prevent a forfeiture of Lessees's
rights hereunder as if done by Lessees; and,
8.3.2 To realize on the security afforded by the leasehold estate by foreclosure or
power of sale or other remedy afforded at law or in equity or by the security
documents and to transfer, convey, or assign the title of Lessees to the
leasehold estate created hereby to any purchaser at any such foreclosure sale,
and to acquire and succeed to the interest of Lessees hereunder by virtue of
any such foreclosure sale.
9. REPAIRS AND RESTORATION
9.1 Lessees, at Lessees's own cost and expense at all times during the term of this lease,
agrees to keep and maintain,or cause to be kept and maintained, all buildings and improvements which
may be erected on the leased premises in a good state of appearance and repair, reasonable wear and
tear excepted. Improvements are to include driveways, constructed ramps or taxiways on or off of
leased premises to provide access to public taxiways. Failure to maintain the buildings and
improvements in a good state of appearance and repair shall be considered a default in the performance
of the agreement and remedied as in accordance with the provisions of this lease.
9.2 The determination of whether the buildings and improvements are in compliance with
the maintenance requirements of this provision shall be the sole discretion of the Lessor.
9.3 In the event the building or any building or improvements thereafter constructed on the
leased premises is damaged by fire or any other casualty, the Lessees shall have the option to:
9.3.1 Repair, reconstruct or replace the damaged building or improvements, with
reasonable diligence, so that the building, to the extent originally constructed
by Lessees, is restored to substantially the condition it was in prior to the
happening of the casualty; provided, however, that if the commencement,
construction, or completion of said repair, reconstruction, or replacement work
shall be prevented or delayed by reason of war, civil commotion, acts of God,
strikes, governmental restrictions or regulations, or interferences, fire or other
casualty, or any other reason beyond the control of Lessees, whether similar
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to any of those enumerated or not, the time for the commencing or completing,
or both, of the construction of said building, as the case may be, shall
automatically be extended for the period of each such delay.
9.3.2 Remove all structures, improvements, debris and remains and return the leased
premises to its original condition within thirty (30) days of the casualty. If the
leased premises are not returned to its original condition within the time
specified, Lessor may remove or cause to be removed any remaining structures
or debris and return the leased premises to its original state. All costs shall be
borne by the Lessees. In addition, the lease shall terminate with no prorata
return of any rentals paid.
10. LIENS
10.1 Lessees shall not suffer or permit any mechanics' liens or other liens to be filed against
the fee of the leased premises nor against Lessees's leasehold interest in the land nor any buildings or
improvements on the leased premises by reason of any work, labor, services, or materials supplied or
claimed to have been supplied to Lessees or to anyone holding the leased premises or any part thereof
through or under Lessees.
10.2 If any such mechanics' liens or materialmen's liens shall be recorded against the leased
premises, or any improvements thereof, Lessees shall cause the same to be removed or, in the
alternative, if Lessees in good faith desires to contest the same, Lessees shall be privileged to do so,
but in such case Lessees hereby agrees to indemnify and save Lessor harmless from all liability for
damages occasioned thereby and shall, in the event of a judgment of foreclosure on said mechanics'
lien, cause the same to be discharged and removed prior to execution on such judgment.
11. INSURANCE AND INDEMNIFICATION
11.1 Lessees shall indemnify, defend, and hold harmless Lessor, its officers, agents and
employees from any and all liabilities, demands,actions, losses,damages and costs,including all costs
of defense thereof caused by or arising out of, or in any way related to Lessees's use or occupancy
of the leased premises or occurring on the leased premises during the term of the lease or caused by,
arising out of, or in any way related to operations conducted by Lessees including claims, liabilities and
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actions based upon acts, omission, or negligence of the Lessor, its officers, agents, and employees.
Upon demand, Lessees shall, at its own expense, defend Lessor, its officers, agents, and employees,
through counsel acceptable to Lessor,against any and all liabilities, claims,demand, actions,damages
and costs.
11.2 Lessees shall purchase and maintain in full force and effect insurance as provided
herein, with the City of Beaumont as a named insured. A certificate of insurance, or a copy of the
insurance policies, shall be furnished to Lessor and shall provide that the Lessor shall receive ten days'
prior written notice before any change or cancellation of any policy. The limits established herein may
be modified by prior written consent of the City Manager or his designee and shall be increased if the
Lessor's standards are amended to provide increased limits.
COMMERCIAL GENERAL LIABILITY COVERAGE:
Bodily injury (each accident): $300,000.00
Property damage (each accident): $100,000.00
12. SUBLEASES
12.1 Lessees may not sublease or assign any portion of the agreement or any of the premises
leased to Lessees, nor shall a foreclosing trustee, lien holder, or mortgagee do so, to any other person,
firm, or corporation without the prior consent, in writing, of Lessor, which consent shall not be
unreasonably withheld.
13. DEFAULT AND REMEDIES
13.1 Should Lessees default in the performance of any covenant, condition, or agreement
in this lease, and such default is not corrected within ten (10) days after receipt of written notice from
Lessor to Lessees and any lender as required by Section 8, Lessor may declare this lease, and all rights
and interests created by it, to be terminated. Upon Lessor electing to terminate, this lease shall cease
and come to an end as if that were the day originally fixed herein for the expiration of the term hereof,
and including payment of ground rental beyond that date. Upon such event, Lessees must remove
building and improvements constructed and return the leased premises to its original condition within
thirty (30) days. Failure to so remove the structure and improvements results in the Lessor's right to
obtain possession and ownership of the building and improvements. Lessor, its agent or attorney, may
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resume possession of the premises and by such action obtain ownership of the building constructed
on the leased premises and may at its option relet the same for the remainder of the term.
13.2 Any termination of this lease as herein provided shall not relieve Lessees from the
payment of any sum or sums that shall then be due and payable to Lessor hereunder, or any claim for
damages then or theretofore accruing against Lessees hereunder, and any such termination shall not
prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any
remedy provided for by law, or from recovering damages from Lessees for any default thereunder. All
rights, options, and remedies of Lessor contained in this lease shall be construed and held to be
cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to
pursue any one or all of such remedies or any other remedy or relief which may be provided by law,
whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants,
conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or
proceeding breach of the same or any other covenant, condition, or restriction herein contained.
14. GENERAL PROVISIONS
14.1 Lessees may not conduct any other aeronautical activities within or upon the leased
premises without the prior written consent of the City Manager or his designee.
14.2 The Lessees for himself, his personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running
with the land that:
14.2.1 No person on the grounds of race, color, or national original shall be excluded
from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities.
14.2.2 That in the construction of any improvements on, over, or under such land and
the furnishing of services thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination.
14.2.3 That the Lessees shall use the premises in compliance with all other
requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation, and as said
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Regulations may be amended.
14.3 That in the event of breach of any of the preceding nondiscrimination covenants, Lessor
shall have the right to terminate the license, lease, permit, etc., and to reenter and repossess said land
and the facilities thereon, and hold the same as if said lease had never been made or issued.
14.4 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 executed,the provisions of this instrument, insofar as they are inconsistent with the provisions
of the lease to the Government, shall be suspended.
14.5 No right or privilege has been granted 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 regular employees (including but not limited to maintenance, repair, and fueling) that it may
choose to perform.
14.6 It is understood and agreed that nothing herein contained shall be construed to grant
or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal Aviation Act
of 1958 or for aeronautical activities.
14.7 Lessor reserves the right, in a reasonable and nondiscriminatory manner, to further
develop or improve the area of the Airport as it sees fit, regardless of the desires or views of Lessees
and without interference or hindrance.
14.8 Lessor shall have the right, but not the obligation, 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 Lessees in this regard.
14.9 All hangars, buildings, properties or land on the Airport, shall be maintained in a clean,
attractive, weed free, well painted, junk free condition. Lessor shall ensure that all debris and trash
are removed from within and around the leased premises in accordance with all applicable laws or
requirements. Lessor is responsible for providing proper trash receptacles and storing such within the
hangar. Lessees shall not allow the accumulation of materials, goods, trash or equipment around the
exterior of the hangar. Lessees shall maintain cultivated areas in accordance with airport regulations.
14.10 Lessor reserves the right to take any action it considers necessary to protect the aerial
approaches of the Airport against obstructions together with the right to prevent the erection of any
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building or other structure on or adjacent to the Airport which would limit the usefulness of the Airport
or constitute a hazard to aircraft.
14.11 This agreement shall be subordinate to the provisions of any existing or future
agreement between Lessor and the United States, relative to the operation or maintenance of the
Airport.
14.12 Incorporated into this agreement, by reference and as though set forth herein verbatim,
are the Minimum Standards and Requirements for the Conduct of Commercial Aeronautical Services
and Activities adopted by the Lessor. Such minimum standards shall be lawful, reasonable and
nondiscriminatory. Further, all parties hereto agree to comply with all rules and regulations of the
Federal Aviation Administration and the laws of the United States of America, the State of Texas, and
all laws, regulations, rules and ordinances of the City of Beaumont as they now exist or may hereafter
be enacted or amended, and will not permit the premises covered by this agreement to be used for any
unlawful or improper purpose.
14.13 The standards and regulations enacted by the governmental agency responsible for the
operation of the Airport, now or in the future, may provide for use charges to be paid by those using,
occupying, or conducting operations at the Airport. Such charges may be based upon square footage,
receipts or other reasonable basis,to be established by such standards and regulations. Lessees agrees
to pay such charges as same are due and owing under any such standards or regulations now or
hereafter in effect. Any such use charges shall be lawful, reasonable and nondiscriminatory.
14.14 Lessor may, on account of the breach of any provision hereof, including the standards
and regulations incorporated herein by reference, terminate this agreement and eject the party in
violation in accordance with the provisions of this lease.
14.15 The purpose of the lease and the operations to be conducted by Lessees or sublessees,
and the identity of the premises to be occupied, are set forth in this lease. No other operations,
business, or occupancy may be had or done without the additional written consent of the Lessor.
14.16 It is mutually understood and agreed that nothing in the agreement is intended or shall
be construed as in any way creating or establishing the relationship of partners or co-partners between
the parties hereto, or as constituting the Lessees as an agent or representative of the Lessor for any
purposes or in any manner whatsoever.
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14.17 Lessees shall permit Lessor's agents, representatives, or employees to enter on the
leased premises for the purpose of inspection, to determine whether Lessees is in compliance with the
terms of this lease, for purposes of maintaining, repairing, or altering the premises, or for the purpose
of showing the leased premises to prospective Lessees, purchasers,mortgagees,or beneficiaries under
trust deeds.
14.18 No waiver by Lessor of any default or breach of any covenant, condition, or stipulation
herein contained shall be treated as a waiver of any subsequent default or breach of the same or any
other covenant, condition, or stipulation hereof.
14.19 This agreement shall be construed under and in accordance with the laws of the State
of Texas,and all obligations of the parties created hereunder is performable in Jefferson County,Texas.
14.20 In case anyone or more of the provisions contained in this agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this agreement shall be construed as
if such invalid, illegal, or unenforceable provision had never been contained herein.
14.21 This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting the
within subject matter.
14.22 No amendment, modification, or alteration of the terms hereof shall be binding unless
the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto.
14.23 Lessees shall not erect, paint or place any exterior signs on the leased premises or the
structure placed thereon.
14.24 Only aircraft may be stored in Hangars. No other non-aeronautical equipment,
combustible products, or items may be placed there for use or storage.
14.25 Lessees are granted the right to operate from temporary facilities on the leased premises
pending occupancy of his permanent structure.
15. OWNERSHIP BUILDING
15.1 Lessor, upon expiration of the term hereof or upon earlier termination of this agreement
as provided herein, shall remove or cause to be removed the existing structure and any improvements
from the leased premises and return said leased premises to its original condition within sixty(60)days.
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Lessees may negotiate a ground lease renewal for the leased premises, although, the Lessees is not
obligated to enter into any subsequent agreement.
16. APPROVAL OF FFA
16.1 The parties recognize that location of Lessees's operation may require amendment of
the airport master plan and approval by the Federal Aviation Administration and the Texas Department
of Transportation. Lessor agrees to make such amendment as may be necessary and to submit same
to said agencies for approval. This agreement is contingent upon such approval, and in the event the
amendment shall not be approved, this agreement shall terminate and both parties shall be released
from all obligations herein contained.
17. NOTICES
17.1 All notices provided to be given under this agreement shall be given by certified mail
or registered mail, addressed to the proper party at the following address:
LESSOR
City of Beaumont
Central Services
801 Main Street, Room 315
Beaumont, Texas 77701
LESSEES
EXECUTED this day of , 2001.
LESSOR:
By:
Stephen J. Bonczek, CITY MANAGER
LESSEES:
By:
(name) , OWNER
By:
(name) , OWNER
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