HomeMy WebLinkAboutRES 84-195 R E S O L_U_T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to execute
general service agreements with Professional Aviation Services
Company for administrative and facility maintenance services and
with Don and Celia Born to provide field maintenance services at
the Beaumont Municipal Airport, copies of which are attached as a
part of this resolution.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of _ 1984.
Mayor -
STATE OF TEXAS $
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON $
FIXED BASE OPERATOR GROUND SERVICE AGREEMENT
THIS AGREEMENT is made and entered into by and between the City
of Beaumont, Texas, a municipal corporation, hereinafter called "CITY"
and D. W. Born and/or Celia Born, hereinafter called "Fixed Base
Operator" or "FBO" as noted in this contract, CITY shall be represented
by the City Manager or his designee.
CITY and FBO, for and in consideration of the rents, covenants
and agreements herein contained, mutually covenant and agree as follows:
1. Term
The terms of this agreement shall be effective until May 31,
1990.
2. General Services
FBO agrees to fully cooperate with other FBO's, CITY,
contractors, organizations, pilots and all other persons in the interest
of promoting general aviation, the Beaune,..; Municipal Airport,
hereinafter called AIRPORT, the City of Beaumont and this region.
Specific requirements of this contract notwithstanding, FBO agrees to
provide general assistance and support to CITY and other parties serving
the public at the AIRPORT. The general responsibilities of FBO, CITY and
other fixed base operators are provided in Exhibit A.
3. Specific Services
FBO agrees to provide the following specific services:
1. Maintain and provide all records, statistics and pertinent
information pertaining to the services provided herein to the CITY as
reasonably requested.
2. Operational services authorized by FBO's other contract(s)
with CITY are not affected by any provision(s) herein.
3. Notify CITY immediately of any aircraft accident or other
incidents at airport of significance or of public interest.
4. Provide information to CITY on project and program planning
for AIRPORT.
5. Provide positive promotions, public relations and
information pertaining to services, programs and opportunities at the
AIRPORT, including CITY and other organizations based at the AIRPORT.
b. Encourage and support air demonstrations, shows and other
events at the airport; provided, however, that no event may be conducted,
or authorized at the airport without authorization by CITY.
7. Maintain all grounds and facilities, except main Terminal
Building, City Hangar and other facilities under direct control by
others, including, but not limited to, open space, runways, taxiways,
grounds, landscaping, weed and insect control.
8. Maintain mowing of properties consistant with Exhibits B-1
and B-2, weather permitting.
9. Provide all normal maintenance of CITY vehicles used by FBO.
Damage to CITY equipment resulting from abuse shall be charged to FBO and
shall be deducted fromm the following month payment(s).
4. Com ensation
For services provided by FBO, CITY agrees to pay FBO the
following sums, subject to reductions as authorized herein:
A. Annual Compensations:
$39,000 From effective date of contract to May 31, 1985,
$37,080 From June 1, 1985 to May 31, 1986,
$38,930 From June 1, 1986 to May 31, 1987,
$4U,100 From June 1, 1987 to May 31, 1988,
$42,100 From June 1, 1988 to May 31, 1989,
$43,360 From June 1, 1989 to May 31, 1990.
B. Monthly Compensation
The annual compensation shall be paid for services performed and
in equal monthly amounts.
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The payments noted in this section are subject to the fallowing
conditions:
1. Services required in contract shall be performed to the
satisfaction of the City Manager or his designee: and
2. Any CITY expenditures for abuse to vehicles, equipment, or
facilities shall be deducted.
5. Special Conditions
A. The CITY agrees to provide FBO the following equipment:
1. Ford Tractor Motrim (with rotary) - City No. 4192,
Serial C6619bl, Model 5600.
2. John Deere Tractor - City No. 4119, Serial C380384T,
Model 81646TO4.
3. Riding Snapper Mower - City No. 9166, Serial 252707.
4. 5ft Brush Hog - City No. 4068.
5. Echo Weed Eater - City No. 9167, Serial C-00003101.
6. Weed eater XR90-26.cc - City No. 9168.
7. 15ft Flex-action Rotary Cutter - City No. 4193, Serial
No. 005290.
8. Hand Gas Pump - City No. 9169.
B. FBO agrees to provide cost for all operations and repairs of
CITY equipment to ensure services are provided and that CITY equipment is
maintained in condition as noted in section 13. CITY agrees to provide
technical support, as appropriate, for vehicle maintenance and to pay for
all mayor repairs to equipment in excess of $1,000 per repair.
b. Maintenance
FBO shall maintain all facilities and premises as provided
herein.
7. Subleases
FBO may not sublease or assign any portion of this agreement or
any of the premises leased to FBO hereunder to any other person, firm, or
corporation without the prior consent, in writing, of CITY.
8. Indemnity and Insurance
A. Indemnity
FBO shall indemnify, defend, and hold harmless, CITY, its
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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 FBO's
activities, 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 FBO including
claims, liabilities and actions based upon acts, omissions, or negligence
of the CITY, its officers, agents, and employees. Upon demand, FBO
shall, at its own expense, defend CITY, its officers, agents, and
employees, through counsel acceptable to CITY, against any and all
liabilities, claims, demands, actions, losses, damages and costs.
B. Insurance
LESSEE 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 CITY and shall provide that the CITY
shall receive ten (1U) 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.
1) Comprehensive Public Liability and Property
Damage, including contractual liability
Bodily injury (each accident): $300,000
Property Damage (each accident): $100,OOU
Z) Products and Completed Operations
Bodily Injury - $3UO,ODU
Property Damage - $100,000
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3) Motor Vehicle la ability
Bodily Injury - $250,000 per person
$5UU,000 per occurrence
Property Damage - 100,000 per occurrence
4) Statutory Worker's Compensation
Should any insurance required by this contract lapse,
the Fixed Base Operator shall immediately cease all operations as of the
time and date of such lapse covered by such contract at the Airport and
FBO shall not resume any operations until authorized by CITY. If the
lapse period extends fifteen (15) days, the contract shall automatically
terminate.
9. Compliance with Rules and Regulations
FBO shall 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 and ordinances of the City
of Beaumont as they now exist or may hereafter be enacted or amended FBO
shall comply with all rules that pertain to this operation under the
Airport Certification Rules of the FAA.
1U. Surrender of Possession
At the expiration of this agreement FBO promises and agrees to
deliver to CITY, vehicles and leased premises in as good condition as of
the date of execution of this agreement, reasonable wear and tear
expected.
11. National Emergency
CITY reserves the right during the time of war or national
emergency to lease the landing area or any part thereof to the United
States Government for military or any such use provided that if any such
lease is executed, provisions of this agreement shall be suspended
insofar as they are inconsistent with the provisions of the lease to the
United States Government.
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12. Subordination
This agreement shall be subordinate to and subject to the
provisions of any existing or future agreement between the CITY 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 condiition
precedent to the expenditure of federal funds for the development of the
airport.
13. Nondiscrimination
FBO, in the operations to be conducted pursuant to the
provisions of this agreement and otherwise, shall not discriminate
against any person or group of persons in any manner prohibited by Part
15 of the Federal Aviation Regulations or any amendments thereto. FBO
for himself, his heirs, personal representatives, successors, and
assigns, does hereby covenant and agree to maintain and operate all
facilities and services authorized hereunder in compliance with all the
requirements imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination of Federally-Assisted Programs of the Department of
Transportation, effectuation of Title 6 of the Civil Rights Act of 1964,
and as said regulations may be amended. In the event of breach of any of
the above nondiscrimination covenants, CITY shall have the right to
terminate this agreement and to re-enter and repossess said land and the
facilities thereon, and to hold the same as if this agreement had never
been made or issued. FBO, for himself, his personal representatives,
successors in interest, and assigns does hereby covenant and agree that
(1) no person on the grounds of race, sex, color, or national origin,
shall be excluded from participation, denied the benefits of or be
otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over and under such
land and the furnishing of services thereon, no person on the grounds of
race, sex, color or national origin shall be excluded from participation
in, or denied the benefits of such improvements or services, or otherwise
be subjected to discrimination; and (3) that FBO shall use the premises
in compliance with all other requiremments imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of Transportation,
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Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation,
effectuation of Title V1 of the Civil Rights Act of 1964, and as said
regulations may be amended. In the event of breach of the above
nondiscrimination covenants herein, CITY shall have the right to
terminate this agreement, and to re-enter and to repossess said premises
and facilities, and hold the same as if this agreement had never been
made or issued.
14. Audit and Financial Regulations
CITY shall have the right through its agents and employees to
audit and examine at all reasonable times each of FBO's books and
financial and operational records which may be reasonably required by
CITY in order to enforce the terms of this agreement or to evaluate FBO's
performance thereof. Financial records will be maintained with such
adequacy so as to allow identification of the source of all revenue
related to this contract.
15. Inspection
The CITY shall be permitted to enter and view the premises at
any and all times for the purpose of inspecting or maintaining such
premises and doing any and all things with reference thereto which the
CITY is obligated to do or which may be deemed necessary or desirable for
the proper conduct and operation of the AIRPORT.
lb. Use of Premises
FBO shall not use the leased premises or any portion thereof for
any purposes other than the operation of airport activities.
17. Co-Partnership Disclaimer
It is mutually understood and agreed that nothing in this
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 FBO as an agent or representative
of the CITY for any purposes or in any manner whatsoever.
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18. Notices
Any notice to the CITY shall be sufficient if sent by certified
mail, postage prepaid, addressed to the City clanger, City of Beaumont,
Texas, P. U. Box 3827, Beaumont, Texas 77704. Any notice to FBO shall
be sufficient if hand delivered or sent by certified mail, postage
prepaid, addressed to FBO at the following address: 4b5 Keith Koad,
Beaumont, Texas 77706. Copies of operative commmunications between the
CITY and FBO shall also be sent to James W. Mehaffey, Jr. at bO5 Park
Street, P. U. Drawer 3230, Beaumont, Texas 77704.
19. Time of Essence
Time is of the essence of each and all the terms and provisions
of this agreement, and the terms and provisions of this agreement shall
extend to and be binding upon and inure to the benefit of the heirs,
executors, administrators, successors and assigns of the respected
parties hereto.
2U. Sale of Alcoholic Beverages
It is specifically agreed by the parties hereto that the sale of
beer, wine, and other liquors is prohibited on said premises without
prior written consent of the City Manager.
21. Signs
FBO shall not erect or place any exterior signs on the premises
without the prior written approval of the CITY.
22. Termination Prior to Expiration
A. Termination
1. The City Manager or FBU shall have the right to terminate
this agreement, without cause, by providing the other party ninety (90)
days written notice.
2. The CITY shall have the right to terminate this agreement in
whole or in part on the occurency of any of the following events:
a) The falure of the FBO to perform substantially or
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to keep or observe any of the terms, covenants and conditions which it is
obligated to perform, keep or observe under this lease, after the
expiration of a 15-day period of warning or ultimatum given by CITY to
the Lessee to correct any such deficiency or default.
b) The abandonment of the premises or any portion
thereof or discontinuance of the FBO's business operations, or any
portion thereof. Should this occur, CITY shall not be responsible for
the custodial protection of merchandise, fixtures, or equipment
abandoned, even though it is necessary fur CITY to remove the same from
the leased premises for storage or disposal;
c) In the event of need for the premises by the CITY
for purposes of national defense:
d) In the event of need for the premises by the CITY
for any other municipal purpose.
3. FBU shall have the right to terminate this agreement on
occurency of any of the following events:
a) City fails to pay FBO in acordance with Section 4
of this contract after the expiration of a 30-day period following notice
of payment due given by FBO. This provision does not pertain to any
amounts that may be in dispute between FBO and CITY.
b) CITY fails to provide adequate maintenance support
for vehicles and equipmment in a timely manner.
B. Rights After Termination
In the event of termination for default for unsatisfactory
performance by the FBO, the CITY shall have the right (unless otherwise
specified in the termination notice), at once and without further notice
to the Lessee or surety, to enter and take possession of vehicles,
equipment supplies, or any premises occupied by the FBO, by force or
otherwise, and expel, oust and remove any and all parties who occupy any
portion of the premises of the airport covered by this lease, and any and
all goods and chattels belonging to the FBO or his associates which may
be found in or upon same without being liable for prosecution or to any
claim for damages therefore. Upon such termination by the CITY, all
rights, powers and privileges of the Lessee shall cease, and the FBO
shall immediately vacate any and all space occupied by him under this
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lease, and shall make no claim of any kind whatsoever against the CITY,
its agents or representatives by reason of such termination, or any act
incident thereto.
23. Sale of Interest
FBO may not sell all or part interest in activities of the,
AIRPORT to another party or parties without written approval of the CITY
of such sale. CITY may require any records or financial statements
necessary in its opinion to insure such sale will be in the best interest
of the CITY.
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Contract A
EXHIBIT A
GENERAL AIRPORT SERVICE
AREA FBO CITY OTHER
I. Administrative
Office X
Telephone Answering X
Information X
Records X X X
Reports X X X
Statistics X X X
Purchasing X
Supplies X
II. Fiscal
Charges X
Billing X X
Collections X X
Disbursements X
Revenue X
Budgeting X
III. Properties
"T" Hanger Leases X
Facility Rentals X
Utilities X X
Vending Machines X
Terminal Building X
Storage X
IV. Operations
Planning X X X
Line Service X X
Fueling X X
Fuel Tests X X
Tie-downs X X
Hangars X • X
Aircraft Accidents X X X
Training X X
Notams X X
ContractB
AREA FBO CITY OTHER
V. Promotion
Public Relations X X X
Public Information X X X
Mail X X
Meetings X X
Flying Clubs X X
Demonstrations X X X
Airshows X X X
Visitors X X X
VI. Custodial Service (Terminal Bldg)
Janitorial R
Restrooms %
Trash Disposal %
VII. Field Maintenance
Grounds X
Landscaping X
Weed Control %
Insect Control X
New Construction R
Vehicles (Mowing) X X
VIII. Engineering and Maintenance
Engineering g
Master Plan X X X
Building Maintenance g
Roofs X
Painting X
Electrical X
Communications/Alarm Systems X
Heating & Air Conditioning X
Carpentry X
Utilities X
Plumbing X
Clear Zones x .
EXECUTED in duplicate originals this the day of
19
CITY ON BEAUMONT
By: City Manager
ATTEST:
City Clerk
D. W. BORN
CELIA BORN
ATTEST:
By.
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• KEITH
ROAD
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BEAUMONT :
BEAUMONT
MUNICIPAL
AIRPORT
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EXHIBIT B-2
BEAUMONT MUNICIPAL AIRPORT
MOWING MAINTENANCE SCHEDULE
Maximum Height
Section Normal In Inches
Number/Priority Frequency After Mowing
1. Weekly 3 to 4
2. Every two weeks 3 to 4
3. Every two weeks 2 to 3
4. Every three weeks 4 to 6
5. Monthly 4 to 6
6. June and October 4 to 6
y o
STATE OF
COUNTY OF JEFFERSON
FIXED BASE the l:it:,Luk (;l I :H.:,,
THIS AGREEMENT is made .ind ern[t_r,.d LtLu Ly
of Beaumont, Texas, a municipal Curpur:�t.it,n,
and Professional Aviation Servicrr; C:,r,u,rat i-n, 'u� trl,i
called "Fixed Base Operator" or "FL'0''. i,s noted in Lhis ccuLraCL, (Al Y
shall be represented by the City ,laniifS�'h ';r lils •�= 1t'.��
THE CITY and the FBO, for and in '.cn[s,
covenants and agreements hereinafter Cor.Lciued, uuicuall;; :;ecn. nt .:ud
agree as follow;:
1. 'Corm
The terms or this agreemeaL Sh_;11 L- tLcY :1,
1990.
1. Genera vi,_e:;
F50 al:reeS co fully cooper,ite with of h.,r I P.„�' ;, �:i I
contractors, organizations, pilots and all id Lh, il,t---r<
of promoting general aviation, the BeaumonL Nmiirip l Aiipurt,
hereinafter called AIRPORT' , the City of E—micoi:t rh.i .:,i, rt _, _u.
Specific requirements of this contracC rwtiaithsLauding, FB,h -,t,ic:ct: t ,
provide general assistance and supporL Lo CITY ;utd other J—tLier: r.; rviu;,
the public at the AIRPORT. The general resporsibil.itic; uL 61st), C[CX uti
other fixed base operators are providers iu E::!AL it _i,.
3. SpccLtJ.: SIIVICe
FBO agrees to provide the tolJuwiul; sper,iiJC ._I-vi.:cs:
1. Maintain all admi;istraL1�e uttiC— -'iid Lei, ,ii,! .-1 ice;
un behalf of CITY �t the AIRPORT .ind ,provide iulol,!atL:In Lo LAl,- i,ubli,_
ServiC.'s, and uaa Ly Lh, ,ILl .ii:i.
_. :1_,i❑t:hl.n a-id provide tll. r— Fd , L it
::formrtioil pe IL :..; i.:,, Lo Life SC i._ : pr„cid._u 1,_r_in L Z iii
resonably requested.
3. Purchase all routine services, equipment and supplies for
the services provided in this contract, except as noted herein.
Q. Operational services authorized by FHO'S other contract(s)
with CITY are not affected by any provision(s) herein.
5. Notify CITY immediately of any aircraft accident or other
incidents at airport of significance or of public interest.
6. Represent and perform specific service related services Lo
the public including, but not limited to, leasing training room,
hangars, vending machines, utilities (except gas and electricity),
storage facilities or other facilities designated by City.
7. Provide information to CITY on project and program planning
for AIRPORT.
8. Provide positive promotion, public relations and information
pertaining to services, program and opportunities at the airport,
including activities of CITY and other organizations based at the
AIRPORT.
9. Encourage and support air demonstrations shows and other
events at the airport; provided, however, that no event may be conducted,
or authorized at the airport without written authorization of City
Manager.
10. Post and distribute to CITY and other FBO(s), all NOTAMS,
letters, bulletins or other information from federal, state or local
agencies.
11. Provide all custodial services for wain terminal building
including but not limited to, janitorial services for offices, lounge,
restrooms and other facilities and disposal services of trash accumulated
in terminal building.
12. Provide all minor mainLeiiance Services for maiu terminal
building, and "T" Hangars including but not limited to building, roof,
paint, electrical, communication and alarm systems, (excluding radio)
heating and air conditioning, carpentry and plumbing activities, excepL
major capital improvements costing in excess of $600.00 per
improvement.
13. Act on behalf of CITY, as authorized by CITY, to i:uplemeuL
major capital improvements costing in excess ut $SOU.UO per went.
4. Compensation
For services provided by FBO, CITY agrees to p.ry ''PU the
following sums, subject to reductions as authorized herelu:
A. Annual Compensations:
$18,000 from effective date of contract to Play 31, 1985,
$18,540 from June 1, 1985 to May 31, 1986,
$19,470 from June 1, 1986 to May 31, 1987,
$20,050 from June 1, 1987 to May 31, 1988,
$21,050 from June 1, 1988 to May 31, 1989,
$21,680 from June 1, 1989 to May 31, 1990.
B. Monthly Compensation
The annual compensation shall be paid for services performed and
in equal monthly amounts.
The payments noted in this section are subject to the fullcwiug
conditions:
1. Services required in contract shall be performed to the
satisfaction of the City Manager or his designee: and
2. Any CITY expenditures for abuse to vehicles, ey;iiliaent, ur
facilities shall be deducted.
5. Special Conditions
A. CITY shall establish all rates and charges tur services and
facility usage that FBO provides public in their contract.
B. The CITY agrees to provide FBO usage of all facilities noted
herein and identified in Exhibits B-1 and B-2.
C. The CITY agrees to provide FBO the tullowint; egt1ip11e11t:
1. One Buffer American Lincoln
2. One Hoover vacuum cleaner; and
3. One Clarke 310 vacuum cleaner
4. One rain guage
One five drawer desk - City ti_ (,o;)}
6. One -xecutive chair
7. One credenza - City No. 66u2
ti. une „�ronauCical .,,Ivi:, ,;, I:.di liI;;1C,;„1
City No. 6599
9. One phone recorder
10. Two flags (one American and uue
11. One 30-cup coffee poL
12. One - one drawer table - ,:ity IJo, 8790
6. Util.iti,:o-;
FBO shall provide at its expeus- ,I1 nLilitics l.” ii"
facilities leased by FBO hereunder, exc( ipt provided herein.
7. Maintenance
FBO shall, at its expense, maintain all tacilities n'd pre:nis-i
leased to it hereunder, except as provided herein.
b. Subleases
FBO may not sublease or assign any pui-Liun of this a r. a n;t or
any of the premises leased to FBO hereunder to cuy ,Lher
corporation without the prior consent, in writhW, of C11Y.
9. Indemnity ind lnsur..nce
A. Indemnity
i"BO shall indeii,nify, i::d h"ld hari,,,::., .I
officers, arrenLS and ;employees t com any ,mdl all 1 i,ahi I i t 1 "i, '[�W,,
actions, losses, damages and costs, inc hid i , t te�r.,��
thereof caul d by or arising out of, or in !fly w.,y
accivi*_ies, use or occup'%ncy of the pr I ,;n a ._
leased premises duri n L1,e term of Lill' I ,[, , or :�,.,:,..1 I,•:, ;;i i:,i n� ..,.t.
of, or in ally way related to op(-rat i.ona oi.di1rtcd Lv I',iu i I 1.11 i n;;
claims, liabilities and actions based upon acts, omis;sioi s, ur ncy,l it;,•n."
o: the CITY, its officers, agents, and ,_n,i>toyees. Upo;� ;i�i•.:i:1, IUu
shall, at its own exl•ense, defend Ci Y, its ortl,.L,rs, rtt,•n!: .,n,f
e:ei;loyces, t;in�ul'1, coaiiseL accept:btI L,, 61'1'Y, lii,,,i_ _,.r•
B. Insurance
LESSEE 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 CITY and shall provide that the CITY
shall receive ten (10) days prior written notice before any change or
cancellation of any policy. The limits established herein may be
modified by prior written consent of CITY:
1) Comprehensive Public Liability and Property
Damage, including contractual liability
Bodily injury (each accident): $300,000
Property Damage $100,000
(each accident):
2) Products and Completed Operations
Bodily Injury — $300,000
Property Damage — $IOU,000
3) Motor Vehicle Liability
Bodily Injury — $250,000 per person
$500,000 per occurrence
Property Damage — 100,000 per occurrence
4) Statutory Worker's Compensation
Should any insurance required by this contract lapse, the Fixed
Base Operator shall immediately cease all operations as of the time and
date of such lapse covered by such contract at the Airport and FBO shall
not resume any operations until authorized by CITY. If the lapse period
extends fifteen (15) days, the contract shall automatically terminate.
10. Compliance with Rules and Regulations
FBO shall 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 and ordinances of the City of
Beaumont as they now exist or may hereafter be enacted or amended. F30
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shall comply with all rules that pertain to this operation under the
Airport Certification Rules of the FAA.
11. Surrender of Possession
At the expiration of this agreement FBO promises and agrees to
deliver to CITY, vehicles and leased premises in as good condition as of
the date of execution of this agreement, reasonable wear and tear
expected.
12. National Emergency
CITY reserves the right during the time of war or national
emergency to lease the landing area or any part thereof to the United
States Government for military or any such use provided that if any such
lease is executed, provisions of this agreement shall be suspend-,d
insofar as they are inconsistent with the provisions of the lease to the
United States Government.
13. Subordination
This agreement shall be subordinate to and subject to the
provisions of any existing or future agreement between the CITY 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 condiition
precedent to the expenditure of federal funds for the development of the
airport.
14. Nondiscrimination
FBO, in the operations to be conducted pursuant to the
provisions of this agreement and otherwise, shall not discriminate
against any person or group of persons in any manner prohibited by Part
15 of the Federal Aviation Regulations or any amendments thereto. FBO
for himself, his heirs, personal representatives, successors, and
assigns, does hereby covenant and agree to maintain and operate all
facilities and services authorized hereunder in compliance with all the
requirements imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination of Federally-Assisted Programs of the Department of
Transportation, effectuation of Title b of the Civil Rights Act of 19b4,
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and as said regulations may be amended. In the eveuL of breach of an;, of
the above nondiscrimination covenants, CITY shall have the right t.,
terminate this agreement and to re-enter and repossess said land and the
facilities thereon, and to hold Lhe same as it this ap,recment had never
been made or issued. FBO, for himself, his personal representatives,
successors in interest, and assigns does hereby covenant and agree that
(1) no person on the grounds of race, sex, color, or national origin,
shall be excluded from participation, denied the benefits of or he
otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over and under such
land and the furnishing of services thereon, no person on the grounds of
race, sex, color or national origin shall be excluded from participation
in, or denied the benefits of such improvements or services, or otherwise
be subjected to discrimination; and (3) that FBO shall use the premises
in compliance with all other requiremments imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation,
effectuation of Title VI of the Civil Rights Act of 1964, and as paid
regulations may be amended. In the event of breach of the above
nondiscrimination covenants herein, CITY shall have the right to
terminate this agreement, and to re-enter and to repossess said premises
and facilities, and hold the same as if this agreement had never been
made or issued.
15. Audit and Financial Regulations
CITY shall have the right through its agents and employees to
audit and examine at all reasonable times each of FBO's books and
financial and operational records which may be reasonably required by
CITY in order to enforce the terms of this agreement or to evaluate FBO's
performance thereof. Financial records will be maintained with such
adequacy so as to allow identification of the source of all revenue
related to this contract.
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16. Inspection
The CITY shall be permitted to enter and view the premises at
any and all times for the purpose of inspecting or maintai.nin�, such
premises and doing any and all things with reference thereto which the
CITY is obligated to do or which may be deemed necessary or desirable for
the proper conduct and operation of the AIRPORT.
17. Use of Premises
FBO shall not use the leased premises or any portion thereof foi
any purposes other than the operation of airport activities.
18. Co—Partnership Disclaimer
It is mutually understood and agreed that nothing in this
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 FBO as an agent or representative
of the CITY for any purposes or in any manner whatsoever.
19. Notices
Any notice to the CITY shall be sufficient if sent by certified
mail, postage prepaid, addressed to the City Manager, City of Beaumont,
Texas, P. 0. Box 3827, Beaumont, Texas 77704. Any notice to FBO shall
be sufficient if hand delivered or sent by certified mail, postage
prepaid, addressed to FBO at the following address: Professional
Aviation Services, Co., P. 0. Box 7719, Beaumont, Texas 77706.
20. Time of Essence
Time is of the essence of each and all the terms and provisions
of this agreement, and the terms and provisions of this agreement shall
extend to and be binding upon and inure to the benefit of the heirs,
executors, administrators, successors and assigns of the respected
parties hereto.
21. Sale of Alcoholic Beverages
C It is specifically agreed by the parties hereto that the sale ui
beer, wine, and other liquors is prohibited on said premises without
prior written consent of the City Manager of CLTY.
22. Signs
FBO shall not erect or place any exterior signs on the premises
without the prior written approval of the CITY.
23. Termination Prior to Expiration
A. Termination
I. The City Manager or FBO shall have the right to terminate
this agreement, without cause, by providing the other party ninety (90)
days written notice.
2. The CITY shall have the right to terminate this agreement in
whole or in part on the occurency of any of the following events:
a) The failure of the FBO to perform substantially or
to keep or observe any of the terms, covenants and conditions which it is
obligated to perform, keep or observe under this lease, after the
expiration of a 15-day period of warning or ultimatum given by CITY to
the Lessee to correct any such deficiency or default.
b) The abandonment of the premises or any purtion
thereof or discontinuance of the FBO`s business operations, or any
portion thereof. Should this occur, CITY shall not be responsible for
the custodial protection of merchandise, fixtures, or equiprient
abandoned, even though it is necessary for CITY to remove the same from
the leased premises for storage or disposal;
c) In the event of need for the premises by the CITY
for purposes of national defense:
d) In the event of need for the premises by the CITY
for any other municipal purpose.
3. FBO shall have the right to terminate this agreement on
occurency of any of the following events:
a) City fails to pay FBO in acordance with Section 4
of this contract after the expiration of a 30-day period following notice
of payment due given by FBO. This provision does not pertain to any
amounts that may be in dispute between FBO and CITY.
b) CITY fails to provide adequate maintenance support
for vehicles and equipmment.
B. Rights After Termination
In the event of termination for default for unsatisfactory
performance by the FRO, the CITY shall have the right (unless otherwise
specified in the termination notice), at once and without further notice
to the Lessee or surety, to enter and take possession of vehicles,
equipment supplies, or any premises occupied by the FRO, by force or
otherwise, and expel, oust and remove any and all parties who occupy any
portion of the premises of the airport covered by this lease, and any and
all goods and chattels belonging to the FRO or his associates which may
be found in or upon same without being liable for prosecution or to any
claim for damages therefor. Upon such termination by the CITY, all
rights, powers and privileges of the Lessee shall cease, and the FRO
shall immediately vacate any and all space occupied by him under this
lease, and shall make no claim of any kind whatsoever against the CITY,
its agents or representatives by reason of such termination, or any act
incident thereto.
24. Sale of Interest
FRO may not sell all or part interest in ativities at the
AIRPORT to another party or parties without written approval of the CITY
of such sale. CITY may require any records or financial statements
necessary in its opinion to insure such sale will be in the best interest
of the CITY.
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r
EXECUTED in duplicate originals this the day of
19
CITY OF BEAUMONT
By: City Manager
ATTEST:
City Clerk
PROFESSIONAL AVIATION SERVICES
COMPANY
By:
ATTEST:
By:
4
(:011CC.]CC
EXHIBIT A
GENERAL AIRPORT SERVICE
AREA FBO CIVY JT ti:ai
I. Administrative
Office X
Telephone Answering X
Information x
Records X X x
Reports X x X
Statistics X X x
Purchasing X
Supplies X
11. Fiscal
Charges x
Billing x X
Collections x X
Disbursements X
Revenue X
Budgeting X
III. Properties
"T" Hanger Leases x
Facility Rentals x
Utilities x x
Vending cJachines x
Terminal Building x
Storage X
IV. Operations
Planning x x x
Line Service x x
Fueling x x
Fuel Tests x x
Tie—downs x x
Hangars x x
Aircraft Accidents x x x
Training x x
Notams x x
AREA FBO CITY OTHER
V. Promotion
Public Relations X X x
Public Information X X X
Mail x x
Meetings X X
Flying Clubs x X
Demonstrations X X X
Airshows X X X
Visitors X X X
VI. Custodial Service (Terminal Bldg)
Janitorial x
Restrooms x
Trash Disposal x
VII. Outside Maintenance
Grounds x
Landscaping x
Weed Control x
Insect Control x
New Construction x
Vehicles (Mowing) x
VIII. Engineering and Maintenance
Engineering X
Master Plan x x X
Building Maintenance x
Roofs x
Painting x
Electrical x
Communications/Alarm Systems x
Heating S Air Conditioning x
Carpentry x
Utilities x
Plumbing x
Clear Zones x
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EXHIBIT B-2
T—HANGERS
BEAUMONT MUNICIPAL AIRPORT
BEA.UMONT, TEXAS
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