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HomeMy WebLinkAboutRES 95-303 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to amend the Commercial Aeronautical Services and Activities (FBO) Facilities Lease Agreement with Beaumont Wings, Inc. for the lease of the terminal building space and the large hangers located at the municipal airport. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the �fl/i day of t 1995. - Mayor - D STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § LEASE AMENDMENT This amendment, made this day of , 1995, between the City of Beaumont, Texas, herein called "Lessor", and Beaumont Wings, Inc., herein called "Lessee". WITNESSETH: WHEREAS, the City of Beaumont and Beaumont Air Service Company entered into a Commercial Aeronautical Services and Activities (FBO) Facilities Lease Agreement, herein called "Agreement", on March 26, 1990; and WHEREAS, this Agreement was assigned to Beaumont Wings, Inc., on February 1, 1991; and WHEREAS, the Agreement was amended on January 15, 1992. NOW,THEREFORE, in consideration of the mutual covenants contained herein, the Lessor and Lessee desire and agree to amend the Agreement as follows: I. Paragraph 4.1 shall be amended to read as follows: The term of this agreement shall be fifteen (15)years commencing April 1, 1990 and ending at 12:00 p.m. March 31, 2005, unless terminated sooner as herein provided. Lessee further agrees that upon the expiration of the term of this agreement or sooner cancellation thereof, the leased premises will be delivered to City in good condition, reasonable wear and tear excepted. Reasonable wear and tear shall be determined at the sole discretion of City upon inspection of the leased premises from time to time. 1 EXHIBIT "A" II. Paragraph 4.2 shall be deleted in it's entirety. III. Paragraph 5.1 shall be amended to read as follows: During the first sixty-seven (67) months of the primary term, Lessee shall pay to City the amount of SEVEN HUNDRED AND EIGHTY DOLLARS ($780.00) per month. For the period commencing November 1, 1995 and extending to October 31, 1997, rental payments shall be deferred to the remainder of the primary term. During the remainder of the term, Lessee shall pay to City the amount of ONE THOUSAND DOLLARS ($1,000.00) per month. This amount includes the aforementioned deferred rental payments. The foregoing rentals shall be payable in equal monthly installments in advance, on or before the tenth (10) business day of each calendar month of the term, at the location provided for by this agreement. IV. Paragraph 6.8 shall be amended to read as follows: The City presently has existing lease agreements for the rental of T-hangars presently existing on Beaumont Municipal Airport property. The City may, at its discretion, construct additional T-hangars on the airport premises. Lessee shall manage the existing T-hangars and any future T-hangars on the airport property. This management shall include, but not be limited to, the following activities: 2 THIS amendment shall be incorporated into the Agreement and all other terms of the Agreement shall remain in full force and effect, unaltered and unchanged by this subsequent amendment. CITY OF BEAUMONT LESSOR: Ray A. Riley, City Manager BEAUMONT WINGS, INC. LESSEE: Don Lewis, General Manager 3