HomeMy WebLinkAboutAgenda_GTAB_12.10.2021Notice of Meeting for the
Georgetown Transportation Adv isory B oard
of the City of Georgetown
December 10, 2021 at 10:00 AM
at Georgetown P ublic Library-F riends Room
T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you
require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable
as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's
O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin
Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay
Texas at 711.
Regular Session
(T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose
authorized by the O pen Meetings Act, Texas G overnment C ode 551.)
A P ublic Wishing to Address the Board
O n a subject that is posted on this agenda, please fill out a speaker regis tration form whic h can be found
on the table at the entrance to the Board Meeting. C learly print your name and the letter of the item on
whic h you wis h to s peak and pres ent it to the S taff Liais on, prior to the start of the meeting. You will
be called forward to s peak when the Board c onsiders that item. O nly persons who have delivered the
speaker form prior to the meeting being called to order may speak.
O n a subject not posted on the agenda: P ers ons may add an item to a future R egular sc heduled Board
agenda by filing a written reques t with the S taff Liaison no later than one week prior to the Board
meeting. T he request mus t inc lude the speaker’s name and the spec ific topic to be addres s ed with
sufficient information to inform the board and the public. Only those persons who have submitted a
timely request will be allowed to speak. P lease s end comments to G TAB Board Liais on, Danielle
Dutra at danielle.dutra@georgetown.org.
B C all to O rder - Board C hair
C Introduc tion of New S taff Members - Wayne Nero, As s is tant C ity Manager
D Introduc tion of Visitors - Board C hair
E Dec ember 2021 G TAB Updates - Wes ley Wright, P.E., S ys tems Engineering Director / C hris P ous s on,
C I P Manager.
F Airport Monthly R eport-Eric Johns on, P ublic Works Direc tor
G Update and P res entation of G eneral G round Land Leas e fo r Informatio nal P urposes. – Eric Johnson,
P ublic Works Direc tor
L egislativ e Regular Agenda
H C ons ideration and possible action to approve the November 12, 2021 minutes of the G eorgetown
Trans portation Advis ory Board. -- Danielle Dutra, Board Liais on
Page 1 of 126
I C ons ideration and possible ac tion to ad o p t a fo rmal G eorgetown Executive Airport at Jo hnny G antt F ield
Leasing P olicy. – Eric Johns on, P ublic Works Direc tor
Adjournment
Ce rtificate of Posting
I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of
Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily
acc es s ible to the general public as required by law, on the _____ day of _________________, 2021, at
__________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said
meeting.
__________________________________
R obyn Dens more, C ity S ec retary
Page 2 of 126
City of Georgetown, Texas
Transportation Advisory Board
December 10, 2021
S UB J E C T:
December 2021 G TAB Updates - Wesley Wright, P.E., S ystems Engineering Direc tor / C hris P ousson,
C I P Manager.
IT E M S UMMARY:
December 2021 GTAB Updates Cover S heet
F M 971 - Realignment at Austin Avenue:
Utility relocation in the park c omplete. S ubgrade and bas e c ourse underway. P edestrian tunnel c omplete.
D B Woods:
P roject design to utilize exis ting R O W, Des ign is underway with typic al sec tions c urrently under review
along with bridge options.
New s ection pushed out to community. Additional in pers on meetings underway c ompleted with property
owners .
S outhwestern Blvd:
• P reliminary alignment revised.
• P erforming Hydrologic and Hydraulic c alculations .
• R O W needs forwarded to Travis.
S E Inner Loop:
C onstruc tion c omplete, walkthrough sc heduled for T hursday morning 12-1.
2020 Curb and Gutter:
C ontractor has c ompleted work on Meadowbrook, Live O ak and R idge O ak. C ontrac tor working punc h
lis t items there. C ontractor has also completed work on the 18th s treet drainage improvement project.
Walk-through is being s cheduled.
Rock S idewalk / F Y20 Downtown AD A sidewalk Improvements:
Austin Ave at both 7th and 8th s treets have been completed. ADA ramp in front of the C ity Barber is
completed. Work on and around the square is on hold until after the holiday s eas on. C hoice is working to
clean up punc h lis t items away from the S quare until after January 1.Will return in January 2022 to begin
working on 7th street between Main and C hurc h S treet.
2021 Signal Improvements:
S hell R d @ Verde Vista and Williams @ Es trella C ros s ing were bid July 22 with Aus tin traffic S ignal as
the low bid and recommended for award. C ontrac ts exec uted, work to begin April or May upon rec eipt of
poles .
2021 Intersection Pedestrian Safety Enhancements:
G TAB and C ouncil Approved, C ontracts executed. Installation to begin January 2022.
S H 29 Access Improvements – traffic signal:
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Ins tallation of light is complete and open to traffic at new signal.
2021 High Performance Pavement S eal P roject #1:
G TAB Board and C ouncil approved award in May 2021. C ontrac ts s igned and ac cepted. C holla has
completed work in S un C ity, Q uail Valley/P leasant Valley neighborhoods . P unch list items to be completed
along with striping.
2021 High Performance Pavement S eal P roject #2:
Andale C onstruc tion c ontract was approved by G TAB Board and C ity C ouncil in May 2021. Areas
inc luded in the projec t are Berry C reek and G atlin C reek neighborhoods . Andale has c ompleted pavement
s eal applic ation. C ontractor working on punch list and striping.
F IN AN C IAL IMPAC T:
N/A
S UB MIT T E D B Y:
C hris P ousson
AT TAC H ME N T S:
Description Type
December 2021 GTAB Project Updates Pres entation
Page 4 of 126
December 2021 GTAB Updates Cover Sheet
FM 971 - Realignment at Austin Avenue:
Utility relocation in the park complete. Subgrade and base course underway. Pedestrian tunnel
complete,
DB Woods
Project design to utilize existing ROW, Design is underway with typical sections currently
under review along with bridge options.
New section pushed out to community. Additional in person meetings underway completed
with property owners.
Southwestern Blvd:
• Preliminary alignment revised.
• Performing Hydrologic and Hydraulic calculations.
• ROW needs forwarded to Travis.
SE Inner Loop:
Construction complete, walkthrough scheduled for Thursday morning 12-1
2020 Curb and Gutter
Contractor has completed work on Meadowbrook, Live Oak and Ridge Oak. Contractor
working punch list items there. Contractor has also completed work on the 18th street drainage
improvement project. Walk-through is being scheduled.
Rock Sidewalk / FY20 Downtown ADA sidewalk Improvements
Austin Ave at both 7th and 8th streets have been completed. ADA ramp in front of the City Barber is
completed. Work on and around the square is on hold until after the holiday season. Choice is working
to clean up punch list items away from the Square until after January 1.Will return in January 2022 to
begin working on 7th street between Main and Church Street.
2021 Signal Improvements
Shell Rd @ Verde Vista and Williams @ Estrella Crossing were bid July 22 with Austin traffic
Signal as the low bid and recommended for award. Contracts executed, work to begin April or
May upon receipt of poles.
2021 Intersection Pedestrian Safety Enhancements
GTAB and Council Approved, Contracts executed. Installation to begin January 2022
SH 29 Access Improvements – traffic signal
Installation of light is complete and open to traffic at new signal.
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2021 High Performance Pavement Seal Project #1
GTAB Board and Council approved award in May 2021. Contracts signed and accepted.
Cholla has completed work in Sun City, Quail Valley/Pleasant Valley neighborhoods. Punch list
items to be completed along with striping.
2021 High Performance Pavement Seal Project #2
Andale Construction contract was approved by GTAB Board and City Council in May 2021.
Areas included in the project are Berry Creek and Gatlin Creek neighborhoods. Andale has
completed pavement seal application. Contractor working on punch list and striping.
Page 6 of 126
FM 971 at Austin Avenue
Realignment Intersection Improvements
Project No. 1BZ TIP No. AG
December 2021
Project Description Design and preparation of final plans, specifications and estimates (PS&E) for the
widening and realignment of FM 971 at Austin Avenue, eastward to Gann Street.
Purpose To provide a new alignment consistent with the alignment of the proposed
Northwest Boulevard Bridge over IH 35; to allow a feasible, alternate route from
the west side of I 35 to Austin Avenue, to Georgetown High School, to San Gabriel
Park and a more direct route to SH 130.
Project Managers Joel Weaver
Engineer Klotz Associates, Inc.
Element Status / Issues
Design TxDOT bid June of 2021 Low bid by CHASCO construction, contracts
finalized, work to begin September 7th
Environmental/
Archeological
Complete
Rights of Way Final parcel preparing for closing
Utility Relocations TBD
Construction Utility relocation in the park complete. Subgrade and base course underway.
Pedestrian tunnel complete,
Other Issues AFA with TxDOT complete.
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D B Wood Widening
Project No. PRJ000188 TIP No.
December 2021
Project Description D.B . Wood (SH 29 to Oak Ridge) ,Roadway improvements on DB Wood from SH29 to Oak Ridge Drive. Expanding Roadway from 2 lanes to 5 lanes (4 travel lanes w/turn lanes).
Purpose To manage current and future traffic flow
Project Manager Joel Weaver
Engineer Kimely-Horn and Associates. Inc.
Element Status / Issues
Design Design is underway with typical sections currently under review along
with bridge options.
New section pushed out to community. Additional in person
meetings underway completed with property owners.
Surveying Survey is underway
Environmental/
Archeological
Underway
Rights of Way Project design to utilize existing ROW
Utility Relocations TBD
Construction N/A
Other Issues None
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Widening of: SE Inner Loop - FM 1460 to Austin Avenue Roadway &
Southwestern Boulevard – Raintree Drive to SE Inner Loop Roadway
December 2021
Project Description FM 1460 to Austin Avenue Roadway Widening Project & Southwestern Boulevard –
Raintree Drive to SE Inner Loop Roadway Widening Project (See Attached Exhibit C). The
professional services will consist of providing final roadway, drainage, water, wastewater,
incidental designs, as well as, utility coordination, ROW support, environmental phase I
investigations, archeological investigations, geotechnical investigations, ROW &
Temporary Construction Easement (TCE) metes and bounds documents, bidding
documents, bidding services, and construction administration services.
Project Managers Joel Weaver and Wesley Wright, P.E.
Engineer KPA & Associates
Element Status / Issues
Design Southwestern:
• Preliminary alignment revised
• Performing Hydrologic and Hydraulic calculations
• ROW needs forwarded to Travis
Environmental/
Archeological
Efforts to begin April 2019 and any issues are expected to be identified in the
coming month.
Rights of Way ROW needs on Southwestern to be determined Total Parcels: 0
Possession: 0
Pending: 0
Utility Relocations To be determined
Construction SE Inner Loop:
Construction complete, walkthrough scheduled for Thursday morning 12-1.
Other Issues None.
Page 9 of 126
2020 Curb and Gutter
Project No. PRJ000024 TIP No. None
Updated – December 2021
Project Description Design and preparation of final plans, specifications and estimates (PS&E) and
construction administration for curb and gutter replacements on Meadowbrook
Drive, Oakland Drive and Ridge Oak Drive.
Purpose This project consists of removing and replacing old curb and gutter that do not
properly drain storm water and prematurely damage streets.
Project Managers Chris Pousson / Chris Logan
Engineer
Contractor
KPA
Yoko Excavating
Element Status / Issues
Design Design is complete.
Environmental/
Archeological
N/A
Rights of Way N/A
Utility Relocations None
Bid Phase Project is advertised. Bid Opening held on December 15th, 2020. Yoko Excavating
LLC low qualified bidder. GTAB approved award on February 12th,, Council
approved award on February 23rd.
Construction Main work is completed. Needing to schedule a walk thru on Ridge Oak and 18th St.
Contractor working punchlist items on Meadowbrook and Oakland.
Other Issues
Page 10 of 126
Citywide Sidewalk Improvements Project
Rock Sidewalk / FY 20 Downtown ADA Improvements
Project No. PRJ000138 TIP No. None
Updated - December 2021
Project Description The proposed project consists of the rehabilitation and installation of pedestrian
facilities along several streets on Rock Street between 8th and 7th and Downtown
ADA Sidewalk Improvements. Various methods of rehabilitating existing non-
compliant sidewalks will be considered. This project requires coordination with
TCEQ and TDLR and all proposed pedestrian elements will be ADA compliant with
the Texas Accessibility Standards (TAS).
Purpose To provide ADA/TDLR compliant sidewalks and ramps identified in the 2015
Sidewalk Master Plan.
Project Managers Chris Pousson
Engineer
Contractor
KPA
TBD
Element Status / Issues
Design Finalizing design with Facilities and Park departments. Submitting TCEQ WPAP
Exception.
Environmental/
Archeological
TBD
Rights of Way /
Easements
Will require a couple Temporary Construction easement. TCO has been acquired by
Georgetown Title Company.
Utility Relocations TBD
Construction Austin Ave at both 7th and 8th streets have been completed. ADA ramp in front of
the City Barber is completed. Business owners on the Square requested that work
stopped until after January 1 for their peak season. Choice is working to clean up
punchlist items away from the Square until after January 1.
Other Issues
Page 11 of 126
Signal Improvements – Various Locations
Project No. PRJ000214 TIP No. None
December 2021
Project Description Design and preparation of Plans, Specifications, Estimate, Bidding Documents, and
construction phase services for the construction of signal improvements for the
intersections of Williams Drive & Estrella Crossing, Shell Road & Verde Vista and
SE Inner Loop & Rockride Lane.
Purpose To better manage traffic movements at the intersection.
Project Manager Joel Weaver
Engineer KPA
Element Status / Issues
Design Shell Rd @ Verde Vista and Williams @ Estrella Crossing were bid July 22
with Austin traffic Signal as the low bid and recommended for award.
Contracts executed, work to begin April or May upon receipt of poles.
Surveying Completed
Environmental/
Archeological
TBD
Rights of Way TBD
Utility Relocations TBD
Construction Construction 95% waiting on electric service
Other Issues None
Page 12 of 126
2021 Intersection Pedestrian Safety Enhancements
Project No. PRJ000215 TIP No. None
December 2021- Unchanged
Project Description Design and preparation of Plans, Specifications, Estimate, Bidding Documents and
construction phase services for the construction of intersection pedestrian safety
enhancements at the intersections of Cool Springs Way @ Cowan Creek Amenity
Center, 5th Street @ Austin Ave, 7th Street @ Library (new parking lot) and Industrial
Ave @ GMC remote parking lot.
Purpose To enhance pedestrian safety at intersections with push button activated rapid
flashing beacons to alert drivers of pedestrian presence.
Project Manager Joel Weaver
Engineer KPA
Element Status / Issues
Design 100% plans reviewed. Bids opened July 12th, Austin Traffic Signal was sole bidder.
GTAB and Council approved contract award to ATS. Contracts executed. Materials
ordered installation starting January 2022
Surveying Completed
Environmental/
Archeological
TBD
Rights of Way TBD
Utility Relocations TBD
Construction Contracts executed. Materials ordered installation starting January 2022
Other Issues None
Page 13 of 126
2021 Street Maintenance
Project No. PRJ000211 / PRJ000212 TIP No. None
Updated - December 2021
Project Description
Purpose
2021 CIP Maintenance project consist of furnishing and installing
approximately 230,000 square yards of high performance pavement
seal (PMM) and approximately 190,000 square yards of high
performance pavement seal (HA5) traffic control, and miscellaneous
striping in Sun City, Berry Creek, Gatlin Creek, Reata Trails, Quail
Valley and Pleasant valley neighborhoods.
To provide protection and maintain an overall pavement condition
index of 85%
Project Manager Daniel Havins
Engineer/Engineers KPA, LP
Task Status / Issues
High performance pavement
seal Package #1 (PMM)
GTAB Board and Council approved award in May 2021.
Contracts signed and accepted. Contractor has completed
pavement seal applications in Sun City, Quail Valley and
Pleasant Valley neighborhoods. Contractor working to complete
punch list items.
High performance pavement
seal Package #2 (HA5)
Andale Construction contract was approved by GTAB Board and
City Council in May 2021. Areas included in the project are Berry
Creek, and Gatlin Creek neighborhoods. Andale has completed
work in all areas. Contractor working to complete punch list
items.
Page 14 of 126
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City of Georgetown, Texas
Transportation Advisory Board
December 10, 2021
S UB J E C T:
Airport Monthly R eport-Eric Johnson, P ublic Works Director
IT E M S UMMARY:
Airport R eports:
· F uel S ales and O perations R eport
· Hangar / Tie-Down Lease R eport
· F Y 2022 Ac complishments and P rojec ts
F IN AN C IAL IMPAC T:
None
S UB MIT T E D B Y:
Debbie Jolly, Airport Bus iness C oordinator
AT TAC H ME N T S:
Description Type
FY22 Projects and Accomplis hments Backup Material
Page 17 of 126
GTU Airport FY 2022
In-Work Projects
Upgrade to bi-fold door drive motors in Hangars BB & CC. In progress.
Install roller poppers in Hangar I. In progress – ½ complete.
Convert lights in Hangars E, F, and G to LED. In progress.
ITB for new fuel contract. Scoring complete. Waiting for results.
RFP for Market Rate Analysis and Lease Term Length Study. Working with purchasing to initiate the
process.
Virtower, LLC Aircraft monitoring system. Received hardware. Working with IT to install. Will allow
for real time operational counts as well as Based Aircraft Inventory, and Noise Mitigation tools.
Maintenance Building. Facilities is leading this project, currently they are working with legal and the
consultant, GarverUSA, to develop a contract. Building will be designed by GarverUSA and then will
be put out for ITB/RFP/RFQ for construction. $750,000 budget, $700,000 of which is bond funded.
Accomplishments
Installed gate on Southwest corner of Airport.
Planned Projects
Update tower communications equipment.
Replace HVAC unit in CTA sheet metal shop.
Spray seal Runway 11/29.
Spray seal asphalt pavement at north side of AeroJet Center hangar.
Spray seal asphalt pavement at Hangars H, I, and J.
Page 18 of 126
Install cattle guard at south gate.
Install decorative rock around AST and oil recovery tank fences.
Replace window shades in Tower Cab.
Install Tower alarm when ATC voice recorder is inoperable.
Repaint parking spaces and tie-down T’s
Short runway extension for safety purposes- Future
Page 19 of 126
City of Georgetown, Texas
Transportation Advisory Board
December 10, 2021
S UB J E C T:
Update and P resentatio n o f G eneral G ro und Land Leas e fo r I nformatio nal P urp o s es . – Eric Johnson,
P ublic Works Director
IT E M S UMMARY:
With the renewed interest in ground leases at the Airport, this is a pres entation to the G eorgetown
Transportation Advisory Board for their information of the spec ific type of information contained in the
G round Leas e
F IN AN C IAL IMPAC T:
.
S UB MIT T E D B Y:
Danielle Dutra
AT TAC H ME N T S:
Description Type
Hanger Ground Lease Agreement-Draft Backup Material
Hanger Ground Lease Powerpoint Pres entation
Page 20 of 126
1
HANGAR GROUND LEASE AGREEMENT
CITY OF GEORGETOWN, TEXAS
Ground Lessor
AND
LESSEE
Ground Lessee
Page 21 of 126
2
LEASE AGREEMENT
THIS HANGAR GROUND LEASE (“Agreement”) is effective this DATE, by and
between the CITY OF GEORGETOWN, TEXAS, a Texas home-rule city (“City” or “Lessor”)
and LESSEE ("Lessee").
Preliminary Statements
A. The City owns and operates an airport known as the Georgetown Executive
Airport at Gantt Field (KGTU) located in Williamson County, Texas, including the real property
upon which the same is located (the "Airport"); and
B. The City and Lessee desire to enter into a Lease Agreement ("Agreement") for the
use and occupancy of certain areas at the Airport; and
C. The City desires to accommodate, promote and enhance general aviation at the
Airport. Lessee desires assurance of the Airport's continued availability as a base for aircraft; and
D. The City and Lessee have agreed that Lessee will construct or occupy a hangar
building or buildings, without cost to the City.
E. In consideration of the premises and of the rents, covenants and conditions
herein contained, the City does hereby lease to Lessee the area(s) of the Airport described in
Article 2 hereof (the "Leased Premises"), as follows:
ARTICLE 1: TERM AND OPTIONS
1.1 The initial term of this Agreement shall commence at 12:01 a.m. on DATE and
expire at 11:59 p.m. on DATE, a duration of 20 years, (the “Initial Term”) unless sooner
terminated in accordance with this Agreement.
1.2 Subject to the conditions herein, Lessee shall have the option to extend the term
of this Agreement for two additional periods of five years each, hereinafter the "Extended
Term(s)," provided that at the time of such exercise and at all times before any Extended Term,
Lessee is not in default in the payment of any rent or in default in any other provisions of this
Agreement. Lessee may exercise each option by giving written notice of such extension to the
City not more than 18 months, nor less than nine months, prior to the expiration of the Initial
Term or the then-current Extended Term. The terms of this Agreement shall remain applicable
during any Extended Term, and shall rent escalate throughout the Initial Term and any Extended
Term as provided in Article 4.
ARTICLE 2: LEASED PREMISES
2.1 The Leased Premises consist of the parcel of land described in Exhibit "A." The
Lessee acknowledges that: (1) the Lessor makes no representations or warranty regarding the
suitability of the Leased Premises for the Lessee’s intended purposes, or the presence or absence
Page 22 of 126
3
of environmental, geologic, or other site conditions that may affect the Lessee's use of the Leased
Premises; (2) Lessee accepts full responsibility for determining the suitability of the Leased
Premises for its intended purposes; (3) Lessee has inspected and performed all tests and
investigations of the Leased Premises for its intended purposes; and (4) Lessee is accepting the
Leased Premises “as is,” in their present condition, and Lessee agrees to perform all preparation,
repairs, remediation, and alteration activities necessary to use the Leased Premises for Lessee’s
intended purposes. Lessee expressly disclaims reliance upon any statement, oral or written, made
by any agent of the City concerning the condition, suitability, or business prospects of the Leased
Premises.
ARTICLE 3: USE OF LEASED PREMISES
3.1 Lessee shall use and occupy the Leased Premises for the following purposes and
for no other purpose whatsoever unless approved in writing by City:
3.1.1 For the construction, installation, maintenance and operation of the hangar
space (to include square and T-Hangar space, collectively referred to as the “Hangars”) to be
used for the parking and storage of aircraft. No master sublease or sublease of more than 30% of
the premises to a single tenant shall be valid unless each such sublease is approved in writing by
the City and conforms to all applicable laws and the Airport Rules and Minimum Standards then
in effect (the “Rules” and “Minimum Standards”). Hangar subleases forms shall be reviewed and
approved by the City Attorney’s office, with approval not to be unreasonably withheld. Any such
commercial use must also be consistent with the City of Georgetown, Texas, building, use and
zoning regulations and requirements applicable to the Leased Premises. Lessee warrants that all
such aircraft based at the Leased Premises shall comply with noise standards established under
Part 36 of Title 14 of the Code of Federal Regulations, ("FAR 36") as amended from time to time.
The Leased Premises shall not be used for residential purposes. Lessee shall comply with all Grant
Assurances in favor of the State of Texas or the United States. All of Lessee’s rights shall be
subordinate to such Grant Assurances and other obligations to the United States or State of Texas.
3.1.2 The City makes no representations, guarantees, or warranties that the
Leased Premises may be lawfully used for the purposes set forth in this Article 3.1. Lessee shall
have the sole responsibility of obtaining all applicable permits or other governmental approvals
necessary to use the Leased Premises. This Agreement is expressly conditioned upon Lessee
obtaining all such permits and approvals, and the failure of Lessee to obtain any such permits or
approvals within six months following the commencement date set forth in Article 1.1 shall
permit the Lessee to voluntarily terminate this Lease, but without return of any deposits made
hereunder The failure of Lessee to maintain any such permits or approvals during the term of this
Agreement shall result in termination of this Agreement pursuant to Article 18.
3.1.3 During the term of this Agreement, Lessee must regularly house at least
one airworthy aircraft in each Hangar, use each Hangar for the primary purpose of aircraft storage,
and each Hangar shall be used for Aeronautical Activities only, unless the prior written
permission of the City is first obtained. The term “Aeronautical Activities” shall mean any
activity or service that involves, makes possible, facilitates, is related to, assists in, or is required
for the operation of aircraft, or which contributes to or is required for the safety of aircraft
operations.
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4
3.1.4 City reserves unto itself, its patrons, visitors, and other lessees and their
patrons, visitors, and employees, the right of flight for the passage of aircraft above the surface
of the Leased Premises, together with the right to cause in such air space such noise, dust,
interference as may be inherent in the operation of aircraft now known or hereafter in use,
including the right of using said air space for landing at, taking off from, or operating at or near
the Airport.
3.1.5 This Agreement is subject to the right of the United States of America to
have exclusive or non-exclusive use, control and possession, without charge, of the Airport or any
portion thereof during periods of national emergency; and further, subject to the right of the F.A.A.
and United States Government under such Agreement including the right to take a portion of the
Airport premises for air traffic control activities, weather reporting activities or communication
activities related to air traffic control
ARTICLE 4: RENT
4.1 Lessee agrees to pay to the City during the Initial Term hereof an annual base rent
of 25 cents per square foot for the ____________ square feet of the Leased Premises, for a total
of$ ________________ per year, subject to adjustment pursuant to Section 4.2, below. If
Lessee exercises any option to extend the term of this Agreement under Section 1.2, above, annual
rental per square foot for the first year of such Extended Term shall be the greater of (a) the rental
determined under Section 4.2 below, as if the Initial Term had continued throughout such
Extended Term, or (b) the then current market rates for hangar ground leases at comparable
airports in central Texas. City and Lessee agree to use their best efforts to agree on then current
market rates, and execute a Lease Extension Agreement, within ninety (90) days after Lessee’s
written notice of election is received by the City. If the City and Lessee cannot agree upon the
rental rates, the parties agree to submit the question to binding arbitration before a single arbitrator
appointed by the chief judge of the District Courts of Williamson County, Texas provided,
however, that such rent shall never be lower than the rental which would be due by application of
subsection (a) above. Lessee and the City shall each pay fifty percent (50%) of the arbitrator cost.
All sums due to the City under this Agreement shall comprise “Additional Rent.”
4.2 Commencing on DATE, and on January 1 in each year thereafter during the
remainder of the Initial Term, the annual rent shall be adjusted by multiplying the annual rent
payable in the next preceding year by a fraction, the numerator of which shall be the C.P.I., as
hereinafter defined, published for the previous month of December and the denominator of which
shall be the C.P.I. published twelve (12) months prior to the month used as the numerator. In no
event shall the annual rent be reduced from that payable in a previous year. If this Agreement is
executed after January 1st, such C.P.I. increase for the calendar year in which this Agreement is
executed shall be prorated. If Lessee elects to exercise its option for any Extended Term, and
accordingly, the rental for the first year of such Extended Term has been set on the basis of current
market rates, then rental for any subsequent year of such Extended Term shall be adjusted in
accordance with the C.P.I formula set forth in this section above.
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5
4.2.1 The term "C.P.I." as used herein shall mean the Consumer Price Index for
U.S. city average, all items, Seasonally Adjusted CUSR0000SA0 as published by the Bureau of
Labor Statistics of the United States Department of Labor, 1982-84 base = 100. In the event the
base year is changed, the C.P.I. shall be converted to the equivalent of the base year 1982-84 =
100. In the event the Bureau of Labor Statistics ceases to use the C.P.I., or this index, an
equivalent or comparable economic index will be used.
4.3 The annual rent payable hereunder may be paid in advance in annual installments,
or shall be paid in equal monthly installments on the first day of each month in advance at such
office as may be directed in writing by the City. Payments due to the City under this Agreement
shall be paid without offset of any kind, and Lessee waives all common law and statutory rights
of offset. In addition to any other remedies provided in this Agreement, if any rental, fee, charge,
or other item of Additional Rent set forth in this Agreement is not paid to the City within 15 days
of the date due, Lessee agrees to pay a late charge of 10% for each such late payment, and default
interest shall accrue on such payment from 30 days after the date the payment was due, at a rate
of 12% per annum.
4.4 Lessee, as additional rent, shall complete construction of Hangars and
related Improvements on the Leased Premises, in accordance with plans and specifications
approved by the City. The Hangars shall, collectively, be at least a total of _______ square feet
in size and shall have a concrete or asphalt floor, with each Hangar to have at least one aircraft
access door sized to accommodate an average private aircraft. Lessee shall use commercially
reasonable and diligent efforts to complete construction of the Hangars and other such
Improvements within 24 months of the City's approval thereof.
4.5 Lessee, as additional rent, shall construct and maintain a paved aircraft ramp area
on the Leased Premises (the “Ramp.”). The Ramp must be designed and built to specifications,
and for a minimum weight bearing capacity, established by the City, built to the full width
of the Leased Premises, and to connect with adjacent taxiway , ramp and/or auto parking
areas, in order that a continuous and safe pavement section results. Lessee shall have the right
to submit plans that contemplate the construction of a taxiway ramp to join the existing taxiway
system north of the Premises. If access to the Leased Premises is not available on existing
taxiways and/or roadways, then Lessee may also be required to construct the same pursuant to
Article 7.1.1, below. It is the responsibility of Lessee to maintain the entire Ramp area, and all
other pavement areas on the Leased Premises, in a safe manner, and clean of debris, and free from
unsafe conditions for taxiing aircraft and Airport users. Lessee grants to users of the Airport the
right to use aircraft Ramp areas on the Leased Premises from time to time for passage of aircraft
on and near the adjacent taxiway. The construction time and default provisions of subsection 4.4
shall be applicable to the Ramp described in this subsection.
4.6 Subject to the provisions of Article 10, below, Lessee shall keep the Leased
Premises, and the Hangar, Ramp and any and all structures constructed by Lessee on the Leased
Premises (collectively, the “Improvements”), free and clear of any liens and encumbrances,
except as contemplated by Article 10, below, or unless expressly approved in writing by the City,
and shall indemnify, hold harmless and defend the City from any liens and encumbrances arising
out of any work performed or materials furnished by or at the direction of Lessee. If any lien is
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filed, Lessee shall do all acts necessary to discharge such lien within ten days of filing, or if Lessee
desires to contest any lien, then Lessee shall deposit with the City such security as the City shall
reasonably demand to insure the payment of the lien claim. If Lessee shall fail to pay any lien
claim when due or shall fail to deposit the security with the City, then the City shall have the right
to expend all sums necessary to discharge the lien claim, and Lessee shall pay the City, as
additional rental when the next rental payment is due, all sums expended by the City in
discharging any lien, including reasonable attorneys’ fees and costs, and interest at 12% on the
sums expended by the City from the date of expenditure to the date of payment by Lessee.
4.7 Lessee agrees to comply with the Airport Rules and Minimum Standards adopted
by the City for the Airport, as they now exist or as they may hereafter be adopted or amended.
Fees due under such Minimum Standards or pursuant to any license issued for commercial
activities conducted in whole or part on the Leased Premises, may be collected by the City as
additional rent under this Agreement, in addition to any other remedies available to the City.
4.8 Lessee shall pay a Security Deposit equal to one monthly installment of rent. If
during this Agreement Lessee fails to pay rent when due or is in default of any term or condition
of this agreement, then Lessee must immediately post a Security Deposit with Lessor so that the
Security Deposit being held by Lessor is equal to one monthly installment of rent. No interest
shall be paid on the Security Deposit. Lessor shall not be required to keep the Security Deposit
separate from its other accounts and no trust relationship is created with respect to the Security
Deposit. Any interest from the Security Deposit shall be retained by Lessor. The Security Deposit
is not an advance payment of rent or a measure of liquidated damages in case of default by Lessee.
Upon the occurrence of any event of default, Lessor may, from time to time, without prejudice to
any other remedy provided herein or provided by law, use the Security Deposit to the extent
necessary to make good any arrearages of rent and any other damage, injury, expense or liability
caused to Lessor by such event of default, or to satisfy Lessee’s other obligations hereunder.
Following any such application of the Security Deposit, Lessee shall pay to Lessor, on demand,
the amount so applied in order to fully restore the Security Deposit. If Lessee is not then in default,
and no condition exists, which, with the passage of time or both, would constitute a default when
this Agreement expires or terminates, except as otherwise provided for in this Agreement, Lessor
will return any unused portion of the Security Deposit to Lessee within thirty (30) days after the
last to occur of (i) the Expiration Date, (ii) payment of all rent and any damages, (iii) Lessee’s
surrender of the Premises in accordance with this Agreement, and (iv) Lessor’s receipt of Lessee’s
forwarding address. Lessee’s actual or attempted assignment, transfer, or encumbrance of the
Security Deposit will not bind Lessor.
4.9 Holdover rent shall be due at the rate of 200%.
ARTICLE 5: ACCEPTANCE, CARE, MAINTENANCE,
IMPROVEMENTS AND REPAIR
5.1 Lessee acknowledges that it has inspected the Leased Premises, conducted such
studies and tests thereof (including environmental tests) as it deems necessary, and accepts
possession of the Leased Premises "as is" in its present condition, and, subject to all limitations
imposed upon the use thereof by the rules and regulations of the Federal Aviation Administration,
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the rules and regulations of the Airport, and by ordinances of the City, and admits its suitability
and sufficiency. Except as may otherwise be provided for herein, the City shall not be required to
maintain nor to make any improvements, repairs or restoration upon or to the Leased Premises or
to any of the improvements presently located thereon or placed thereon by Lessee.
5.2 Lessee shall, throughout the term of this Agreement, assume the entire
responsibility, cost, and expense for all repair and maintenance whatsoever on the Leased
Premises and all Improvements thereon, and shall perform in a good workmanlike manner all
necessary repairs, maintenance, whether ordinary or extraordinary, structural or otherwise.
Additionally, Lessee, without limiting the generality hereof, shall:
5.2.1 Keep at all times, in a clean and orderly condition and appearance, the
Leased Premises, all Improvements thereon and all of Lessee's fixtures, equipment and personal
property which are located on any part of the Leased Premises. Lessee shall not park or leave, or
allow to be parked, aircraft on the taxiways, ramps or pavement adjacent to any Hangar in a
manner which unduly interferes with or obstructs access to other hangars or movement on
adjacent taxiways.
5.2.2 Provide and maintain on the Leased Premises all obstruction lights and
similar devices, and safety equipment required by law.
5.2.3 Take measures to prevent erosion, including without limitation the planting
and replanting of grasses with respect to all portions of the Leased Premises not paved or built
upon. Lessee shall maintain and replant any landscaped areas.
5.2.4 Be responsible for the maintenance and repair of all utility services lines
placed on the Leased Premises and used by Lessee exclusively, including without limitation water
lines, gas lines, electrical power and telephone conduits and lines, sanitary sewers and storm
sewers.
5.2.5 If Lessee discovers any hazardous material on the Leased Premises, it will
promptly notify the City in writing.
5.2.6 If extraordinary repairs or maintenance to the Improvements are required
during the last five years of the Initial Term or any Extended Term of this Agreement, Lessee
may elect not to repair and/or maintain the Improvements, by giving the City written notice of its
election. In such case, City shall have the option of requiring Lessee to either (a) clear the site,
remove all debris and paving, stub up all utilities, and restore the site to its original cleared
condition prior to commencement of construction; or (b) transfer title to the Improvements to the
City, as is. Upon Lessee's election and compliance with this section, the City shall terminate this
Agreement and relieve Lessee of all future rental obligations hereunder.
5.2.7 During the last five years of the Initial Term, and during the last 24 months
of any Extended Term, the City shall have the right to conduct periodic detailed inspections of
the Leased Premises not more often than twice per year. If any maintenance deficiencies are
discovered, the City may require Lessee to correct such deficiencies, whether ordinary or capital
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in nature. Capital items having a useful estimated life beyond the date on which Lessee actually
vacates the Leased Premises shall be reimbursed by the City to the Lessee on an equitably pro-
rated basis.
5.3 Plans and specifications for each of the Improvements and all repairs (other
than emergency repairs), construction, alterations, modifications, additions or replacements to the
Improvements, including those made to any paving upon the Leased Premises, excluding non-
structural repairs, construction, alterations, modifications, additions or replacements costing less
than ten thousand dollars ($10,000.00), shall be submitted to the City for approval, which
approval shall not be unreasonably denied, providing the plans and specifications comply
with the provisions of this Agreement, the Airport’s design standards, if any, as well as all
applicable building, use and zoning regulations. Submittal of the above described Plans and
Specifications shall also include a site plan, drainage plan, and building plan for the initial project
development that shall be reviewed pursuant to the City’s standard review process as provided in
the Unified Development Code. The site plan shall show the location of all Improvements on the
Leased Premises, including the Hangars, pavements, utilities and location of the Hangars on the
site. The drainage plan must show how drainage will be handled and be approved by the City
prior to a building permit being issued by the City. Lessee shall reimburse the City for all costs
incurred for providing a legal survey and legal description of the Leased Premises and for a
proportional share of any costs to bring road access and utilities to the Leased Premises, should
the City agree to do so. Before commencement of any construction of the Improvements, Lessee
shall have the Leased Premises staked by a certified surveying company to ensure all
Improvements are place accurately on the Leased Premises. Within ninety (90) days of the
certificate of occupancy being received, Lessee shall submit to the City a full set of as-built record
drawings of the Improvements, sealed by a licensed architect or engineer, which among other
things, depicts exact locations of all Improvements, including utilities, made on and/or off of the
Leased Premises. Failure to submit such sealed plans shall constitute grounds for denial of access
to the Leased Premises. Final plans and specifications must be submitted to the City no later than
six months after commencement of the Term, and use commercially reasonable and diligent
efforts to complete construction of the Hangars and other such Improvements within 24 months
of the City's signing of the ground lease.
ARTICLE 6: ADDITIONAL OBLIGATIONS OF LESSEE
6.1 Lessee shall conduct its operations in an orderly and proper manner,
considering the nature of such operations, so as not to unreasonably annoy, disturb, endanger or
offend others.
6.2 Further, Lessee shall take all reasonable measures:
6.2.1 To reduce to a practicable minimum vibrations tending to damage
any equipment, structure, buildings or portions of buildings.
6.2.2 Not to produce or allow to be produced on the Airport, through the
operation of machinery or equipment, any electrical, electronic or other disturbances that interfere
with the operation by the City or the Federal Aviation Administration of air navigational,
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communication or flight equipment on the Airport or on aircraft using the Airport, or with ground
transportation communications.
6.3 Lessee shall comply with all federal, state and municipal laws, ordinances,
rules, regulations and requirements, the Airport’s Minimum Standards, Airport security rules and
regulations, and other Airport Rules and regulations, as they now exist or may hereafter be
amended or promulgated. In particular, Lessee shall comply with Chapter 13.30 of the City Code
of Ordinances and with other applicable federal and state laws and permits pertaining to
stormwater management.
6.4 Lessee shall commit no nuisance, waste or injury on the Leased Premises, and
shall not do, or permit to be done, anything that may result in the creation, commission or
maintenance of such nuisance, waste or injury on the Leased Premises.
6.5 Lessee shall neither do nor permit anything which may interfere with the
effectiveness or accessibility of the drainage system, sewerage system, fire protection system,
sprinkler system, alarm system and fire hydrants and hoses, if any, installed or located on the
Leased Premises.
6.6 Lessee shall take measures to ensure security in compliance with Federal Aviation
Administration Regulations and the Airport Security Plan, as they now exist or may hereafter be
amended or promulgated.
6.7 Lessee shall neither do nor permit any act or thing which will invalidate or conflict
with any fire insurance policies or regulations applicable to the Leased Premises or other
contiguous premises at the Airport.
6.8 Lessee shall not install, maintain, operate or permit the installation, maintenance
or operation of any restaurant, kitchen, stand or other establishment of any type for the sale of
food or of any vending machines or device designed to dispense or sell merchandise or services
of any kind to the general public, unless all required development approvals and permits for that
activity are first obtained from the City.
6.9 Except for uses permitted under Article 3 hereof to be performed by Lessee,
Lessee shall not provide or allow to be provided aircraft maintenance work, flight instruction of
any sort, air taxi, aircraft charter or aircraft leasing of any sort on the Leased Premises, for
commercial purposes, without all required development approvals, and a License from the City
if and as required by the Airport’s Minimum Standards or Rules then in effect.
6.10 Lessee will conduct its operations in such a manner as to keep the noise produced
by aircraft engines and component parts thereof, and any other noise, to a minimum, by such
methods as are practicable, considering the extent and type of the operations of Lessee and the
limitations of federal law. In addition, Lessee will employ the maximum amount of noise arresting
and noise reducing devices that are available and economically practicable, considering the extent
of their operations, but in no event less than those devices required by federal, state or local law.
In its use of the Leased Premises, Lessee shall take all possible care, exercise caution, and use
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commercially reasonable efforts to minimize prop or jet blast interference and prevent jet blast
damage to aircraft operating on taxiways and to buildings, structures and roadways, now
located on or which in the future may be located on areas adjacent to the Leased Premises. If the
City determines that Lessee has not curbed the prop or jet blast interference or damage, Lessee
covenants to erect and maintain at its own expense such structure or structures as may be
necessary to prevent prop or jet blast interference, subject, however, to the prior written
approval of the City as to type, manner and method of construction.
6.11 Following the completion of construction of the Hangars, Lessee shall not store
nor permit the storage of disabled aircraft or any equipment or materials outside of the Hangars
constructed on the Leased Premises, without the written approval of the City. No aircraft that is
unairworthy may remain outside of a hangar for more than 20 days. Concerning any aircraft that
has remained outside the hangars on the Leased Premises for more than 20 days, upon request
Lessee shall provide written certification from an FAA licensee holding Inspection Authorization
stating such aircraft is airworthy. If Lessee fails to comply with this requirement after a written
request by Lessee to comply, Lessor may (but is not required to) cause the removal of any such
aircraft at Lessee’s expense by any means that Lessor determines, in its sole discretion, to be in
Lessor's best interests.
6.12 On forms and at the frequency prescribed by the Airport Manager, and with respect
to each aircraft stored on the Leased Premises, Lessee shall provide the City with the (a) make
and model, (b) N-number, and (c) identity and address of the registered owner. This requirement
shall apply to aircraft whether owned by Lessee or another party, and regardless of whether its
storage is subject to the Minimum Standards or Rules.
6.13 Permits and Licenses. Lessee shall obtain and maintain in current status all permits
and licenses required under any law or regulation. If Lessee receives notice from any
governmental entity that Lessee lacks, or is in violation of, any such permit or license, Lessee
shall provide City with timely written notice of the same.
6.14 Taxes and Liens. Lessee shall pay (before their respective due dates) all taxes,
fees, assessments, and levies that relate to Lessee’s use, occupancy, or operations at the Leased
Premises or the Airport, and all other obligations for which a lien may be created thereto
(including, but not limited to, utility charges and work for any improvements).
6.15 Damage to Property and Notice of Harm. In addition to Lessee's indemnification obligations set forth in this Agreement, Lessee, at Lessee’s sole cost, shall repair or replace (to Lessor's reasonable satisfaction) any damaged property that belongs to Lessor or Lessor's other tenants to the extent that such damage arises from or relates to an act or omission of Lessee or Lessee’s Associates. Lessee shall promptly notify Lessor of any such property damage. If Lessee discovers any other potential claims or losses that may affect Lessor, Lessee shall promptly notify Lessor of the same.
6.16 Security. Lessee shall comply with all security measures that Lessor, the United States Transportation Security Administration, or any other governmental entity having jurisdiction may require in connection with the Airport, including any access credential
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requirements, any decision to remove Lessee’s access credentials, and any civil penalty obligations and other costs arising from a breach of security requirements caused or permitted by Lessee or Lessee’s Associates. Lessee agrees that Airport access credentials are the property of Lessor and may be suspended or revoked by Lessor in its sole discretion at any time. Lessee shall pay all fees associated with such credentials, and Lessee shall immediately report to the Airport Manager any lost credentials or credentials that Lessee removes from any employee or any of Lessee’s Associates. Lessee shall protect and preserve security at the Airport.
6.17 Removal of Disabled Aircraft. When consistent with Laws and Regulations,
Lessee shall promptly remove or cause to be removed from any portion of the Airport not leased
by Lessee the Aircraft or any other aircraft that Lessee owns or controls if it becomes unairworthy.
Lessee may store such aircraft within Lessee’s enclosed improvements.
ARTICLE 7: INGRESS AND EGRESS
7.1 Lessee shall have the right of ingress and egress between the Leased Premises and
the public landing areas at the Airport by means of connecting taxiways; and between the Leased
Premises and the entrance(s) to the Airport by means of connecting paved roads. Lessee shall
have the right to use the public runways and public aviation aids at all times during which they
are open to the public. Such rights of ingress, egress and use shall be in common with others
having rights of use and passage thereon.
7.1.1 If, at the time of entering into this Agreement, access to the Leased
Premises is not available on existing taxiways and/or roadways, then such taxiways and/or
roadways necessary for Lessee’s use and occupancy shall be constructed at the sole expense of
Lessee, in accordance with construction specifications and design criteria approved by the City
for the uses contemplated by Lessee. There shall be no consideration made on the part of the
City for the cost of these improvements. Upon completion of construction, Lessee shall certify
that the taxiways and/or roadways so constructed have been built to such specifications and
criteria, and those portions of any such taxiways and/or roads located off the Leased Premises
shall be conveyed and dedicated to the City, which shall accept them for maintenance. Upon
such conveyance and dedication, Lessee shall warrant that the same shall be free of defects in
materials and workmanship for a period of not less than two years after the date of such
conveyance and dedication. Such warranty shall be backed by a warranty bond or another form
of security instrument, satisfactory to the City in its sole discretion, in the amount of not less than
15% of the construction cost of the improvements warranted.
7.2 The use of any such roadways or taxiways shall be subject to the Rules and
Minimum Standards of the Airport, which are now in effect or which may hereafter be
promulgated, and subject to temporary closure; provided, however, that any closure shall be only
for reasonably necessary or unique circumstances, and provided that 14 days prior written notice
will be given to Lessee relevant to any closure, unless such closure is necessary due to emergency.
Lessee, for itself and its authorized subtenants, hereby releases and discharges the City, their
officers, employees and agents, and all their respective successors and assigns, of and from any
and all claims, demands, or causes of action which Lessee or its authorized subtenants may now
or at any time hereafter have against any of the foregoing, arising or alleged to arise out of the
closing of any street, roadway or other area, provided that other reasonable means of access to
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the Leased Premises remain available to Lessee without cost to Lessee, unless otherwise
mandated by emergency safety considerations or lawful exercise of the police power. Lessee
shall not do or permit anything to be done which will interfere with the free access and passage
of others to space adjacent to the Leased Premises or in any streets or roadways on the Airport.
ARTICLE 8: CASUALTY INSURANCE AND DAMAGE
TO THE LEASED PREMISES
8.1 Lessee, at its sole cost and expense, shall procure and maintain throughout the
term of this Agreement insurance protection for all risk coverage on the Improvements which are
part of the Leased Premises, to the extent of one hundred percent (100%) of the actual replacement
cost thereof. Such insurance shall be written by insurers acceptable to the City. The insurance
shall provide for 30 days notice of cancellation or material change, by certified mail, return receipt
requested, to the City, Attention: Airport Manager. Also, the insurer must email a copy of proof
of insurance to airport@georgetown.org.
8.1.1 The above-stated property insurance shall be for the benefit and to
safeguard the interests of the Lessee and City, which shall at all times be named a co-insured.
8.1.2 If any losses are estimated to exceed one-third of the current value of the
Leased Premises, Lessor shall adjust and settle such losses with the insurers. Lessee shall consult
with the City and use its best efforts to obtain a settlement that covers the cost of repairing or
rebuilding the Improvements.
8.1.3 Lessee shall provide certificates of insurance, in a form acceptable to the
City and marked "premium paid," evidencing existence of all insurance required to be maintained
prior to occupancy of the Improvements. Upon the failure of Lessee to maintain such insurance
as above provided, the City, at its option, may obtain such insurance (which may be single-
interest) and charge the cost to Lessee as Additional Rent, which shall be payable on demand, or
may give notice of default hereunder pursuant to Article 18 hereof.
8.2 If the Improvements and any subsequent improvements, insurable or
uninsurable, on the Leased Premises are damaged or destroyed to the extent that they are unusable
by Lessee for the purposes for which they were used prior to such damage, or same are destroyed,
Lessee shall promptly repair and reconstruct the Improvements substantially as they were
immediately prior to such casualty or in a new or modified design, subject to the provisions of
Article 5 hereof and applicable building codes and Airport design standards, if any, existing at
the time of repairing or rebuilding. If the aforesaid damage or destruction occurs in the last five
years of the Initial term or any option term of this Agreement, Lessee may elect not to repair and
reconstruct the Improvements, subject to the following terms and conditions:
8.2.1 Lessee shall give the City written notice of its election not to repair
and reconstruct the Improvements within ninety (90) days of the date upon which the
Improvements were damaged or destroyed. Is such case, and City shall have the option of either:
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8.2.1.1 Requiring Lessee to clear the site, remove all debris and paving,
stub up all utilities, and restore the site to its original cleared condition prior to commencement
of construction; in which case Lessee shall retain all insurance proceeds above those necessary to
fund such site restoration; or
8.2.1.2 Taking title to the damaged Improvements, as is, in which case
Lessee shall assign to and the City shall retain all insurance coverage and proceeds.
8.2.3 Upon Lessee's notice under Section 8.2.1 hereof and Lessee's compliance
with the provisions of Sections 8.2.1.1 or 8.2.1.2 hereof, the City shall terminate this Agreement
and relieve Lessee of all future rental obligations hereunder.
8.3 Lessee shall not violate, or permit to be violated, any of the conditions of any of
the said policies; and shall perform and satisfy, or cause to be satisfied, the requirements of the
companies writing such policies.
ARTICLE 9: LIABILITIES AND INDEMNITIES
9.1 The City shall not in any way be liable for any cost, liability, damage
or injury, including cost of suit and expenses of legal services, claimed or recovered by any
person or entity, or occurring on the Leased Premises, or the Airport, or as a result of
any operations, works, acts or omissions performed on the Leased Premises, or the Airport,
by Lessee, its agents, servants, employees or authorized tenants, or their guests or invitees.
Lessee shall not in any way be liable for any cost, liability, damage or injury, including cost
of suit and expenses of legal services, claimed or recovered by any person or entity, or
occurring on the Leased Premises, or the Airport, or as a result of any operations, works,
acts, or commission performed on the Leased Premises, or the Airport, solely by the City,
their agents, servants, employees or authorized tenants, or their guests or invitees. In this
regard, LESSEE expressly releases the City and each of its agents from their own
negligence, gross negligence, or other liability.
9.2 Lessee agrees to indemnify, save and hold harmless, the City, their officers,
agents, servants and employees, of and from any and all costs, liability, damage and expense,
including costs of suit and reasonable expenses of legal services, claimed or recovered,
justly or unjustly, falsely, fraudulently or frivolously, by any person, firm or corporation
by reason of injury to, or death of, any person or persons, including City personnel, and
damage to, destruction or loss of use of any property, including City property, directly or
indirectly arising from, or resulting from, any operations, works, acts or omissions of
Lessee, its agents, servants, employees, contractors, or authorized tenants. Upon the filing
with the City by anyone of a claim for damages arising out of incidents for which Lessee
herein agrees to indemnify and hold the City harmless, the City shall notify Lessee of such
claim and in the event that Lessee does not settle or compromise such claim, then Lessee
shall undertake the legal defense of such claim on behalf of Lessee and the City. It is
specifically agreed, however, that the City at its own cost and expense, may participate in
the legal defense of any such claim. Any final judgment rendered against the City for any
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cause for which Lessee is liable hereunder shall be conclusive against Lessee as to liability
and amount upon the expiration of the time for appeal.
9.3 Lessee shall procure and keep in force during the term of this Agreement policies
of Comprehensive General Liability / Hangarkeeper’s insurance insuring Lessee and the
City, as co-insureds, against any liability for personal injury, bodily injury, death, or property
damage arising out of the subject of this Agreement with a combined single limit of at least two
million dollars. No such policies shall be cancelable or subject to reduction in coverage limits or
other modification except after 30 days prior written notice to the City. The policies shall be for
the mutual and joint benefit and protection of Lessee and the City, and such policies shall contain
a provision that the City, although named as an insured, shall nevertheless be entitled to recovery
under said policies for any loss occasioned to it, its servants, agents, citizens, and employees by
reason of negligence of Lessee (i.e. a fellow-insured write-back endorsement). Lessee shall
provide certificates of insurance, in a form acceptable to the City and marked "premium paid"
evidencing existence of all insurance required to be maintained prior to the commencement of the
Agreement.
9.4 Lessee represents that it is the owner of or fully authorized to use any and all
services, processes, machines, articles, marks, names or slogans used by it in its operations under
or in any way connected with this Agreement. Lessee agrees to save and hold the City, their
officers, employees, agents and representatives free and harmless of and from any loss, liability,
expense, suit or claim for damages in connection with any actual or alleged infringement of any
patent, trademark or copyright, or arising from any alleged or actual unfair competition or other
similar claim arising out of the operations of Lessee under or in any way connected with this
Agreement.
ARTICLE 10: LEASEHOLD MORTGAGES
10.1 If Lessee shall execute a Leasehold Mortgage of its leasehold estate to an entity
which is not directly or indirectly owned or controlled by, or is not under common ownership or
control with Lessee (collectively, an “Unaffiliated Entity” hereafter), and if the holder of such
Leasehold Mortgage shall provide the City with notice of such Leasehold Mortgage together with
a true copy of such Leasehold Mortgage and the name and address of the Mortgagee, then
following receipt of such notice by the City, the provisions of this Article 10 shall apply in respect
to such Leasehold Mortgage.
10.2 The term "Leasehold Mortgage" as used in this Agreement shall include, but not
be limited to, a mortgage, a deed of trust, a deed to secure debt, or other security instrument by
which Lessee's leasehold estate is mortgaged, conveyed, assigned, or otherwise transferred, to
secure a debt or other obligation, in connection with the construction contemplated by Article 4
above.
10.3 The City, upon providing Lessee any notice of default under this Agreement
or termination of this Agreement, shall at the same time provide a copy of such notice to the
Leasehold Mortgagee by first class U.S. mail at the address specified in the notice given pursuant
to Section 10.1, above. Such Leasehold Mortgagee shall have the additional periods of time
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specified in Sections 10.4 hereof to remedy, commence remedying, or cause to be remedied the
default or acts or omissions which are specified in any such notice. The City shall accept such
performance by or at the instigation of such Leasehold Mortgagee as if the same had been done
by Lessee.
10.4 Anything contained in this Agreement to the contrary notwithstanding, if any
default shall occur which entitles the City to terminate this Agreement, the City shall have no
right to terminate this Agreement unless, following the expiration of the period of time given
Lessee to cure such default or the act or omission which gave rise to such default, the Leasehold
Mortgagee is given an additional period of thirty (30) days to:
10.4.1 Notify the City of such Leasehold Mortgagee's desire to defeat such
Termination Notice; and
10.4.2 Pay or cause to be paid all rent, additional rent, and other payments then
due and in arrears as specified in the Termination Notice to such Leasehold Mortgagee and which
may become due during such thirty (30) day period; and
10.4.3 Promptly commence and diligently cure all non-monetary defaults, but in
no event shall the time for such cure exceed 90 days.
10.5 The making of a Leasehold Mortgage shall not be deemed to constitute an
assignment or transfer of this Agreement or of the leasehold estate hereby created, nor shall the
Leasehold Mortgagee, as such, be deemed to be an assignee or transferee of this Agreement or of
the leasehold estate hereby created so as to require such Leasehold Mortgagee, as such, to assume
the performance of any of the terms, covenants or conditions of this Agreement. Any Leasehold
Mortgagee who takes an instrument of assignment or transfer in lieu of the foreclosure of the
Leasehold Mortgagee shall be deemed to be a permitted assignee or transferee, and shall be
deemed to have agreed to perform all of the terms, covenants and conditions on the part of
Lessee to be performed hereunder from and after the date of such purchase and assignment, but
only for so long as such purchaser or assignee is the owner of the leasehold estate. If the
Leasehold Mortgagee or its designee shall become holder of the leasehold estate and if the Hangar
and Improvements on the Leased Premises shall have been or become materially damaged on,
before or after the date of such purchase and assignment, the Leasehold Mortgagee or its designee
shall be obligated to repair, replace or reconstruct the building or other improvements.
10.6 Landlord Liens. Lessee hereby gives and grants to City a lien upon, and pledges
as collateral to City in case of default, all, chattels and personal property of every kind and
description now or hereafter to be placed, installed or stored by Lessee at the Airport. Lessee
agrees that in the event of any failure on the part of Lessee to comply with each and every one of
the covenants and obligations hereof, or in the event of any default continuing for twenty days of
any specified nature, after notification to Lessee by City in writing, City may take possession of
and sell the same in any manner provided by law and may credit the net proceeds upon any
indebtedness due or damage sustained by City, without prejudice to further claims thereafter to
arise under the terms hereof. Any Leasehold Mortgage shall be subordinate to this contractual
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Landlord Lien and any statutory lien arising under the Texas Property Code, but shall be superior
to the extent of such liens of any structures and fixtures on the Leased Premises.
ARTICLE 11: RULES AND REGULATIONS
Lessee acknowledges that the City has adopted rules and regulations (the “Rules”) with
respect to the occupancy and use of the Airport, and such Rules may be amended, supplemented
or re-enacted from time to time by the City provided that such Rules apply generally to all similar
occupants and users on the Airport. There are also Minimum Standards that cover commercial
business activities that may impact the Lessee. Lessee agrees to observe and obey any and all
such Rules and all other federal, state and municipal rules, regulations and laws and to require its
officers, agents, employees, subtenants, contractors, and suppliers, to observe and obey the same.
In the event of a conflict between the provisions of Airport Rules and this Agreement, the more
stringent provisions shall control. This provision will include compliance with any Airport Noise
Abatement Plan that may hereafter be adopted. The City reserves the right to deny access to the
Airport and its facilities to any person, firm or corporation that fails or refuses to obey and comply
with such rules, regulations or laws
ARTICLE 12: SIGNS
Lessee shall have the right to install and maintain one or more signs on the Leased
Premises identifying it and its operations. The subject matter, type, design, number, location and
elevation of such signs, and whether lighted or unlighted, shall be subject to the Airport design
standards, if any. No sign will be allowed that may be confusing to aircraft pilots or automobile
drivers or other traffic.
ARTICLE 13: ASSIGNMENT AND SUBLEASE
The prior written consent of the City shall be required for any sale, transfer, assignment
or sublease of this Agreement and of the leasehold estate hereby created, except as to individual
Hangar subleases. Consent may be withheld by the City if (a) Lessee is in default of any of the
terms or conditions of this Agreement, (b) the transferee or assignee does not deliver to the City
its written agreement to be bound by all of the provisions of this Agreement in a form satisfactory
to the City, or (c) the transferee or assignee does not submit proof of insurance as required at
Articles 8 and 9. Lessee shall not subdivide or fractionalize either its ownership of the
Improvements or leasehold interest in the Leased Premises. Any management agreement or other
contract that purports to transfer the substantive economic or legal risks and benefits to a third
party shall be deemed a de facto assignment and shall be subject to the restrictions set forth in this
Article 13.
ARTICLE 14: CONDEMNATION
14.1 If all or any portion of the Leased Premises is taken for any public or quasi-public
purpose by any lawful power or authority by the exercise of the right of appropriation,
condemnation or eminent domain (or pursuant to a sale to such power or authority under the threat
of condemnation or eminent domain), all rentals payable hereunder with respect to that portion
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of the Leased Premises taken shall no longer be payable, and the proceeds, if any, from such
taking or sale shall be allocated between the City and Lessee in accordance with the applicable
condemnation law, with Lessee being entitled to compensation for the fair market value of the
leasehold interest, Improvements and personal property taken. If a portion of the Leased Premises
is so taken or sold, and as a result thereof, the remaining part cannot reasonably be used to
continue the authorized uses set forth in Article 3 hereof, then this Agreement shall terminate at
Lessee’s election, and Lessee's obligation to pay rent and perform the other conditions of the lease
shall be deemed to have ceased as of the date of such taking or sale.
14.2 The City expressly reserves the right to grant or take easements on rights-of-way
across the Leased Premises if it is determined to be in the best interest of the City to do so. If the
City grant or take an easement or right-of-way across any of the Leased Premises, Lessee shall
be entitled only to compensation for damages to all Improvements owned by Lessee destroyed or
physically damaged thereby, but not to damages for loss of use of the Leased Premises itself.
Damages to improvements shall be determined by the reduction in fair market value of the
Improvements caused by said damage or cost of repair, whichever is less.
14.3 Lessee understands and agrees that the City have the right to take all or any portion
of the Leased Premises, and any additions, alterations or improvements thereon, should the City,
in their sole discretion, determine that said portion of the Leased Premises, and improvements
thereon, are required for other Airport purposes, without initiating condemnation proceedings. If
such action is taken, the City shall substitute comparable areas within the Airport, or any additions
or extensions thereof, brought to the same level of improvement as the area taken. The City shall
bear all expenses of bringing the substituted area to the same level of improvement to the area
taken, and of moving Lessee's improvements, equipment, furniture and fixtures to the substituted
area. If any of Lessee's improvements, equipment, furniture or fixtures cannot be relocated, the
City shall replace, at their own expense, such non-relocatable improvements and other property
with comparable property in the substituted area, and the City shall be deemed the owner of the
non-relocated improvements and other property, free and clear of all claims of any interest or title
therein by Lessee, any mortgagee, or any other third party whomsoever. It is the specific intent
of this subparagraph that Lessee would be placed, to the extent possible, in the same position it
would have been, had the City not substituted new premises for the Leased Premises; provided
however, that the City shall not be obligated to reimburse Lessee for lost revenues or other costs
due to such substitution. In the event that such substitution of area is demanded by the City,
Lessee shall have the right and option to terminate this Agreement, prior to the City commencing
the substitution, upon thirty (30) days prior written notice to City, in which event the City shall
pay Lessee the fair market value of all Improvements constructed on the Leased Premises
pursuant to approval of the City. Nothing in this subparagraph shall be construed to limit the City'
rights to condemn Lessee's leasehold rights and interests in the Leased Premises pursuant to state
law.
ARTICLE 15: NON-DISCRIMINATION
15.1 Lessee, for itself, its heirs, 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 in the event facilities are constructed, maintained, or otherwise operated
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on the Leased Premises, for a purpose for which a United States government program or activity
is extended, Lessee shall maintain and operate such facilities and services in compliance with all
other requirements imposed 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 said regulations may be amended.
15.2 Lessee, for itself, its 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:
15.2.1 No person on the grounds of race, color, disability or national origin shall
be excluded from participating in, denied the benefits of, or be otherwise subjected to
discrimination in the use of the Leased Premises;
15.2.2 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, disability or
national origin shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination;
15.2.3 That Lessee shall use the Leased Premises in compliance with all other
requirements 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 said regulations may be amended.
15.3 In this connection, the City reserve the right to take whatever action they might
be entitled by law to take in order to enforce this provision following the 60 days written notice
to Lessee of any alleged violation. This provision is to be considered as a covenant on the part of
Lessee, a breach of which, continuing after notice by the City to cease and desist and after a
determination that a violation exists made in accordance with the procedures and appeals provided
by law, will constitute a material breach of this Agreement and will entitle the City, at their option,
to exercise its right of termination as provided for herein, or take any action that it deems
necessary to enforce compliance herewith.
15.4 Lessee shall include the foregoing provisions in every agreement or concession
pursuant to which any person or persons, other than Lessee, operates any facility at the Leased
Premises providing service to the public and shall include thereon a provision granting the City a
right to take such action as the United States may direct to enforce such covenant.
ARTICLE 16: GOVERNMENTAL REQUIREMENTS
16.1 Lessee shall procure all licenses, certificates, permits or other authorization from
all governmental authorities, if any, having jurisdiction over Lessee's operations at the Leased
Premises which may be necessary for Lessee's operations on the Airport.
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16.2 Lessee shall pay all taxes, license, certification, permits and examination fees and
excise taxes which may be assessed, levied, exacted or imposed on the Leased Premises or
operation hereunder or on the gross receipts or gross income to Lessee there from, and shall make
all applications, reports and returns required in connection therewith.
16.3 Lessee shall pay all water, sewer, utility and other applicable use taxes and fees,
arising from its occupancy and use of the Leased Premises and/or the Improvements thereon.
16.4 If the City is ever required to pay any of the foregoing, or is not paid any of the
foregoing, then the City may collect such sums as additional rent.
ARTICLE 17: RIGHTS OF ENTRY RESERVED
17.1 The City, by its officers, employees, agents, representatives and contractors, shall
have the right at all reasonable times to enter upon the Leased Premises and enter the
Improvements for all purposes not inconsistent with this Agreement, including without limitation
inspection and environmental testing, provided such action by the City does not
unreasonably interfere with Lessee's use, occupancy or security requirements. Except when
necessary for reasons of public safety or law enforcement, or for the protection of property, the
City shall provide 72 hours written notice of its intent to inspect.
17.2 Without limiting the generality of the foregoing, the City, by its officers,
employees, agents, representatives, contractors and furnishers of utilities and other services, shall
have the right, at its own expense, to maintain existing and future Airport mechanical, electrical
and other utility systems and to enter upon the easements in the Leased Premises to make such
repairs, replacements or alterations as may be necessary or advisable, in the reasonable opinion
of the City, and from time to time to construct or install over, in or under existing easements
within the Leased Premises such systems or parts thereof and in connection with such
maintenance use the Leased Premises existing easements for access to other parts of the Airport
otherwise not conveniently accessible; provided, however, that in the exercise of such rights of
access, repair, alteration or new construction, the City shall not install a utility under or through
any building on the Leased Premises or unreasonably interfere with the actual use and occupancy
of the Leased Premises by Lessee, all such utilities to be placed within existing easements, except
as provided in Article 14. Reservation of the aforesaid right by the City shall not impose or be
construed to impose upon the City any obligation to repair, replace or alter any utility service
lines now or hereafter located on the Leased Premises for the purpose of providing utility services
only to the Leased Premises; provided, however, that if they repair, replace or alter any utility
service lines now or hereafter located on the Leased Premises for the purpose of providing utility
services to others, the City will restore the Leased Premises to their preexisting condition in a
timely manner. Lessee will provide for the installation, maintenance and repair, at its own
expense, of all service lines of utilities providing services only to the Leased Premises. City will
repair, replace and maintain all other utility lines, at City' expense.
17.3 If any personal property of Lessee shall obstruct access of the City across the
existing easements to any of the existing utility, mechanical, electrical and other systems, and
thus shall interfere with the inspection, maintenance or repair of any such system pursuant to
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Section 17.2, Lessee shall move such property, as directed by the City or said utility company,
upon reasonable notice by the City, in order that access may be had to the system or part thereof
for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction
from the City or said utility company to do so, the City or the utility company may move it, and
Lessee waives any claim against the City for damages as a result there from, except for claims for
damages arising from the City' negligence.
ARTICLE 18: TERMINATION
18.1 Upon default by Lessee in the payment of rent, additional rent, or other sums due
under this Agreement, the City shall give written notice to Lessee and each holder of a Leasehold
Mortgage for which the City has been give notice under Section 10.1, of such default. If such
default has not been cured by the 30th day following notice of default, the City may terminate this
Agreement.
18.2 This Agreement shall terminate, at the option of the City with prompt written notice
to Lessee and holder of a Leasehold Mortgage, upon the appointment of a receiver or trustee of
all, or substantially all, of Lessee's assets by a court of competent jurisdiction. The term “trustee”
shall not include a trustee appointed under Title 11 of the United States Code.
18.3 Upon the default by Lessee in the performance of any covenant or condition
required to be performed by Lessee other than the payment of money, and the failure of Lessee,
and each holder of a Leasehold Mortgage to remedy such default for a period of 60 days after the
City sends written notice to remedy the same, unless more extensive notice is otherwise provided
for in this Agreement, the City may, by written notice of cancellation to Lessee, and each such
holder of a Leasehold Mortgage, terminate this Agreement.
18.4 Subject to Article 10 above, upon termination of this Agreement for any reason,
all rights of Lessee, authorized tenants, and any other person in possession shall terminate,
including all rights or alleged rights of creditors, trustees, assigns, and all others similarly so
situated as to the Leased Premises. Except as may be expressly provided to the contrary elsewhere
herein, upon termination of this Agreement for any reason, the Leased Premises and all
Improvements located thereon, and all equipment, fixtures and other personal property therein,
shall be and become the property of the City, free and clear of all encumbrances and all claims of
Lessee, its subtenants, creditors, trustees, assigns and all others, and the City shall have immediate
right of possession of the Leased Premises and such Improvements.
18.5 Failure by the City or Lessee to take any authorized action upon default by Lessee
of any of the terms, covenants or conditions required to be performed, kept and observed by
Lessee shall not constitute a waiver of said default nor of any subsequent breach or default of any
of the terms, covenants and conditions in this Agreement. Acceptance of rentals by the City from
Lessee, or performance by the City under the terms hereof, for any period or periods after a default
by Lessee of any of the terms, covenants and conditions herein shall not be deemed a waiver or
create an estoppel of any right of the City to terminate this Agreement for any subsequent failure
by Lessee to so perform this Agreement.
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18.6 If Lessee ceases to conduct its authorized Aeronautical Activities on the Leased
Premises for a period of 12 consecutive months, the City may terminate this Agreement by written
notice to Lessee given at any time while such cessation continues, unless Lessee resumes such
activities within 60 days following receipt of written notice from the City of such intent to
terminate this Agreement. An unauthorized sublease or assignment of Lessee’s rights herein shall
constitute a cessation of aeronautical activities.
ARTICLE 19: SURRENDER AND RIGHT OF RE-ENTRY
19.1 Subject to Article 8.2 above, upon the expiration, cancellation or termination of this
Agreement pursuant to any terms hereof, Lessee agrees peaceably to surrender up the Leased
Premises to the City in the condition required by Article 30 below. Upon such expiration,
cancellation or termination, the City may re-enter and repossess the Leased Premises together
with all Improvements and additions thereto, or pursue any remedy permitted by law for the
enforcement of any of the provisions of this Agreement, at the City's election.
19.2 If Lessee remains in possession of the Leased Premises after the expiration,
cancellation or termination of this Agreement without written agreement with respect thereto,
then Lessee shall be deemed to be occupying the Leased Premises as a tenant at-sufferance,
subject to all of the conditions, provisions and obligations of this Agreement, but without any
rights to extend the term of this Agreement. The City’s acceptance of rent from Lessee in such
event shall not alter the status of Lessee as a tenant at sufferance whose occupancy of the Leased
Premises may be terminated by City at any time.
ARTICLE 20: SERVICES TO LESSEE
20.1 Except in cases of emergency, in which case no notice shall be required, City will
endeavor to give not less than 14 days prior written notice to Lessee of any anticipated temporary
Airport closure, for maintenance, expansion or otherwise. Notwithstanding the above, the City
shall not be deemed to be in breach of any provision of this Article 20 in the event of a permanent
closure of the Airport. Provided, however, that if such permanent closure is in connection with
the construction of a new airport by the City, Lessee shall have the option to enter into a substitute
hangar ground lease agreement with the City, for the use of a portion of such new airport not
smaller than the Leased Premises, under financial terms which are no less favorable than those
set forth herein.
ARTICLE 21: SURVIVAL OF THE OBLIGATIONS OF LESSEE
21.1 If this Agreement shall have been terminated due to default by Lessee in
accordance with notice of termination as provided in Article 18, all of the obligations of Lessee
under this Agreement shall survive such termination, re-entry, regaining or resumption of
possession and shall remain in full force and effect for the full term of this Agreement, and the
amount or amounts of damages or deficiency shall become due and payable to the City to the
same extent, at the same time or times, and in the same manner as if no termination, re-entry,
regaining or resumption of possession had taken place. The City may maintain separate actions
each month to recover the damage or deficiency then due or at its option and at any time may sue
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to recover the full deficiency less the proper discount, for the entire unexpired term of this
Agreement.
21.2 The amount of damages for the period of time subsequent to termination (or re-
entry, regaining or resumption of possession) on account of Lessee's rental obligations shall be
the sum of the following:
21.2.1 The amount of the total of all installments of rents, less the installments
thereof payable prior to the effective date of termination; and
21.2.2 An amount equal to all expenses incurred by the City and not reimbursed
in connection with regaining possession, restoring the Leased Premises required by paragraph 19,
above, acquiring a new lease for the Leased Premises, legal expenses (including, but not limited
to, attorneys’ fees) and putting the Leased Premises in order.
21.3 There shall be credited to the account of Lessee against its survived
obligations hereunder, the amount actually received from any lessee, licensee, permittee, or other
occupier in connection with the use of the said Leased Premises or portion thereof during the
balance of the term of use and occupancy as the same is originally stated in this Agreement, and
the market value of the occupancy of such portion of the Leased Premises as the City may
themselves during such period actually use and occupy. No such use and occupancy shall be, or
be construed to be, an acceptance of a surrender of the Leased Premises, nor shall such use and
occupancy constitute a waiver of any rights of the City hereunder.
21.4 The provisions of this Article 21 shall not be applicable to termination of this
Agreement pursuant to Section 3.1.2 or Section 4.4, or if expressly provided to the contrary
elsewhere in this Agreement.
ARTICLE 22: USE SUBSEQUENT TO CANCELLATION OR TERMINATION
The City shall, upon termination or cancellation, or upon re-entry, regaining or resumption
of possession, have the right to repair and to make structural or other changes in the Leased
Premises, including changes which alter its character and the suitability thereof for the purposes
of Lessee under this Agreement, without affecting, altering or diminishing the obligations of
Lessee hereunder, provided that any structural changes shall not be at Lessee's expense.
ARTICLE 23: NOTICES
23.1 Any notice, consent, approval or other communication given by either party to the
other relating to this Agreement shall be in writing, and shall be delivered in person, sent by
certified mail, return receipt requested, sent by reputable overnight courier, or sent by facsimile
transmission (with evidence of such transmission received) to such other party at the respective
addresses set forth below (or at such other address as may be designated from time to time by
written notice given in the manner provided herein). Such notice shall, if hand delivered or
personally served, be effective immediately upon receipt. If sent by certified mail, return receipt
requested, such notice shall be deemed given on the third business day following deposit in the
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United States mail, postage prepaid and properly addressed; if delivered by overnight courier,
notice shall be deemed effective on the first business day following deposit with such courier;
and if delivered by facsimile, notice shall be deemed effective when received. Notice to the City
is not effective unless sent concurrently to BOTH the City Attorney and the Airport Manager.
23.2 The notice addresses of the parties are as follows:
To the City: Airport Manager
Georgetown Municipal Airport
500 Terminal Drive
Georgetown, TX 78628
Telephone: 512-930-8464
Facsimile:
City Attorney
City of Georgetown, Texas
510 W. 9th Street
Georgetown, Texas 78728
Telephone: 512-930-8165
Facsimile:
To Lessee:
ARTICLE 24: INVALID PROVISIONS
The invalidity of any provisions, articles, paragraphs, portions or clauses of this
Agreement shall have no effect upon the validity of any other part or portion hereof, so long as
the remainder shall constitute an enforceable agreement. Furthermore, in lieu of such invalid
provisions, articles, paragraphs, portions or clauses, there shall be added automatically as a part
of this Agreement, a provision as similar in terms to such invalid provision as may be possible
and be legal, valid and enforceable.
ARTICLE 25: MISCELLANEOUS PROVISIONS
25.1 Remedies Nonexclusive. All remedies provided in this Agreement shall be
deemed cumulative and additional and not in lieu of, or exclusive of, each other, or of any other
remedy available to the City, or Lessee, at law or in equity, and the exercise of any remedy, or
the existence herein of other remedies or indemnities shall not prevent the exercise of any other
remedy provided that the City' remedies in the event of default shall not exceed those set forth in
this Agreement.
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25.2 Individuals Not Liable. No director, officer, agent or employee of the City shall
be charged personally or held contractually liable by or to the other party under any term or
provision of this Agreement or of any supplement, modification or amendment to this Agreement
because of any breach thereof, or because of his or their execution or attempted execution thereof.
25.3 Estoppel Certificate. At the request of Lessee in connection with an approved
assignment of its interest in this Agreement, the City shall execute and deliver a written statement
identifying itself as the Lessor under this Agreement and certifying such facts as may actually be
true.
25.4 Recording of Lease. This Agreement shall be recorded by the City, and the costs
of such recordation, and any closing costs associated with this Agreement, its execution and
recordation, shall be billed to and paid by Lessee as additional rent.
25.5 General Provisions.
25.5.1 This Agreement shall be performable and enforceable in Williamson
County, Texas, and shall be construed in accordance with the laws of the State of Texas.
Exclusive jurisdiction and venue for all disputes between the parties shall lie in the state courts
located within Williamson County, Texas. The parties waive right to trial by jury. The prevailing
party in any dispute arising under this Agreement shall recover its costs, all expenses, and attorney
fees.
25.5.2 This Agreement is made for the sole and exclusive benefit of the City and
Lessee, their successors and assigns, and is not made for the benefit of any third party.
25.5.3 All oral and written communications between agents of the parties
preceding this Agreement, are deemed to be merged and integrated into this document, and the
parties disclaim reliance upon any such communications.
ARTICLE 26: SUBORDINATION CLAUSES
26.1 This Agreement is subject and subordinate to the following:
26.1.1 The City reserves the right to develop and improve the Airport as
it sees fit, regardless of the desires or view of Lessee, and without interference or hindrance by or
on behalf of Lessee, provided Lessee is not deprived of the use or access to the Leased Premises
or any of Lessee's rights under this Agreement and unless said activities by the City shall result
in the loss of convenient access to the Leased Premises by motor vehicles and/or aircraft owned
or operated by Lessee or Lessee's assigns, subtenants, renters, agents, employees or invitees.
26.1.2 The City reserves the right to take any action it considers necessary
to protect the aerial approaches to the Airport against obstruction, together with the right to
prevent Lessee from erecting or permitting to be erected any building or other structure on the
Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft.
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26.1.3 This Agreement is and shall be subordinate to the provision of
existing and future agreements between the City and the United States or the State of Texas
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 obtaining or expenditure of federal funds, services, or
property for the benefit of the Airport.
26.1.4 During national emergency, the City shall have the right to lease
all or any part of the landing area or of the airport to the United States or Texas National Guard
for military use, and if any such lease is executed, the provisions of this Agreement insofar as
they may be inconsistent with the provisions of such lease to the government, shall be suspended,
but such suspension shall not extend the term of this Agreement. Abatement of rentals shall be
reasonably determined by the City and Lessee in proportion to the degree of interference with
Lessee's use of the Leased Premises.
26.1.5 Except to the extent required for the performance of any
obligations of Lessee hereunder, nothing contained in this Agreement shall grant to Lessee any
rights whatsoever in the airspace above the Leased Premises other than those reasonably
necessary to Lessee's enjoyment of the Leased Premises and City' Airport facilities and which
are consistent with Federal Aviation Administration rules, regulations and orders currently
or subsequently effective. Further, Lessee's rights in airspace above the Leased Premises and the
Airport and the Airport facilities shall be not less than the rights therein by other users of the
Airport and Airport facilities.
ARTICLE 27: QUIET ENJOYMENT
The City covenants and warrants that it is the owner of the Leased Premises and that
Lessee upon payment of rentals herein provided for and performance of provisions on its part to
be performed, shall and may peacefully possess and enjoy the Leased Premises during the term
hereof and any extensions hereof without any interruption or disturbance.
ARTICLE 28: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties hereto and may be changed,
modified, discharged or extended by written instrument duly executed by the City and Lessee.
The parties agree that no representations or warranties shall be binding upon the City or Lessee
unless expressed in writing.
ARTICLE 29: REQUIREMENTS FOR CONDOMINIUMIZATION
This Agreement does not authorize Lessee to create either a common interest community
or hangar condominiums on the Leased Premises. If Lessee desires to create a common interest
community or hangar condominiums on the Leased Premises, a written amendment to this
Agreement shall be required, containing such additional terms as the City may reasonably require,
including but not necessarily limited to terms necessary for compliance with the Texas law.
ARTICLE 30: RETURN CONDITION OF THE LEASED PREMISES
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At the expiration or termination of the Lease or any renewal term, Lessee shall surrender
promptly the leased premises and all structures in the same condition as when received or
constructed, ordinary wear and tear excepted, except to the extent caused by fire or Act of God
for which the Lessor has been previously compensated.
ARTICLE 31: HAZARDOUS MATERIALS
31.1 Tenant shall not cause or permit any Hazardous Materials to be used, produced,
stored, transported, brought upon, or released on, under, or about the Premises or the Airport
by Tenant or Tenant’s Associates in violation of applicable federal, state, or local
e nvironmental l aws, regulations, and ordinances (“Environmental Laws”). Tenant is
responsible for any such violation as provided in this Agreement, and shall fully indemnify
and hold harmless the City from all fees, fines, costs and damages related in any manner to any
release of Hazardous Material or legal violation.
31.2 Tenant agrees that in the event of a release or threat of release of any Hazardous
Material by Tenant at the Airport, Tenant shall provide Lessor with prompt notice of the
same. Tenant shall respond to any such release or threat of release in accordance with
applicable Laws and Regulations. If Lessor has reasonable cause to believe that any such
release or threat of release has occurred, Lessor may request, in writing, that Tenant conduct
reasonable testing and analysis (using qualified independent experts acceptable to Lessor) to
show that Tenant is complying with applicable Environmental Laws. Lessor may conduct the
same at Tenant’s expense if Tenant fails to respond in a reasonable manner. Tenant shall
cease any or all of Tenant’s activities as Lessor determines necessary, in its sole and absolute
discretion, in connection with any investigation, cure, or remediation. If Tenant violates any
Environmental Laws at the Airport (whether due to the release of a Hazardous Material or
otherwise), Tenant, at Tenant’s expense, shall have the following obligations, which shall
survive any expiration or termination of this Agreement: (i) promptly remediate such
violation in compliance with applicable Environmental Laws; (ii) submit to Lessor a written
remediation plan, and Lessor reserves the right to approve such plan (which approval shall not
be unreasonably withheld) and to review and inspect all work; (iii) work with Lessor and
other governmental authorities having jurisdiction in connection with any violation; and (iv)
promptly provide to Lessor copies of all documents pertaining to any environmental
concern that are not subject to Tenant’s attorney-client privilege.
31.3 To the extent that Tenant is a co-permittee with Lessor in connection with any
permit relating to the environment at the Airport, or to the extent that any of Tenant’s
operations in connection with this Agreement or otherwise may impact Lessor’s compliance
with any such permit, Tenant shall work cooperatively with Lessor and other tenants and
take all actions necessary to ensure permit compliance, and minimize the cost of such
compliance, for the benefit of Airport operations.
31.4 Upon any expiration or termination of this Agreement, and upon any change in
possession of the Premises authorized by Lessor, Tenant shall demonstrate to Lessor’s
reasonable satisfaction that Tenant has removed any Hazardous Materials and is in
compliance with applicable Environmental Laws. Such demonstration may include, but is not
Page 46 of 126
27
limited to, independent analysis and testing to the extent that facts and circumstances warrant
analysis and testing, such as evidence of past violations or specific uses of the premises. The
obligations of this Article 31 shall survive any termination of this Agreement.
32.11.3 Significant Materials. Include, but are not limited to, raw
materials; fuels; materials such as solvents detergents and plastic pellets; finished materials such
as metallic products, raw materials used in food processing or production; hazardous substances
designated under section 101(14) of CERCLA; any chemical the facility is required to report
pursuant to section 313 of title III of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have a potential to be released with storm water discharges. [See 40
C.F.R. 122.26(b)(12).]
32.11.4 Best Management Practices (BMP). Term describes practices
employed to prevent or reduce source water pollution, such as the construction of runoff-
retention basins and replanting eroding surfaces.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
CITY OF GEORGETOWN, TEXAS
Josh Schroeder, Mayor
ATTEST:
Robyn Densmore, City Secretary
APPROVED AS TO FORM:
Skye Masson, City Attorney
LESSEE
NAME__________________________
By:_________________________
Its;_________________________
Page 47 of 126
Hangar Ground Lease Agreement
December 10, 2021
Page 48 of 126
Agenda/Purpose
•Lease Agreement
•Breakdown of the Lease Agreement
•Questions
Page 49 of 126
Lease Agreement
•Specific Agreement based on Site and Lessee's plan for development
•Dictates our actual specific agreement
•Active for 20-30 years
•Provides specific language for the requirements of both parties
•And remedies for breaches
Page 50 of 126
Article 1 –Term and Options
•Initial Term is 20 years
•Lessee has the option to extend the term of the agreement
•Two additional terms of five years each
Page 51 of 126
Article 2 –Leased Premises
•Extent of parcel/leased area described in Exhibit “A”
•Lessee accepts the site “as-is” in present condition
•Lessee agrees to do everything necessary to use the leased property for their
intended purpose
Page 52 of 126
Article 3 –Use of Leased Premises
•Lessee shall use and occupy the site for the following purposes and for no other purpose unless approved by the City in writing.
•Construction of hangar space
•To be used for parking and storage of aircraft
•Subleases must be approved by the City
•Must conform to “Airport Rules” and “Minimum Standards”
•https://Georgetown.org
•Lessee is responsible for all permits
•Lessee shall regularly house at least one airworthy aircraft in each hangar
•National Emergency, US Government can take control of Airport premises
Page 53 of 126
Article 4 –Rent
•Base Rent of $0.25/sf of leased premises
•Total of $XXXX.XX per year
•On January 1, 2023 rent may be adjusted by Consumer Price Index (CPI)
•Never down
•Includes initial term and all extensions
•Rent must be paid in advance
•Annual installments or equal monthly installments
•Lessee must complete construction of hangar within 24 months
•Lessee must construct paved aircraft ramp area
•Lessee must keep improvements free and clear of any leins
•Security Deposit of one months rent
Page 54 of 126
Article 5 –Acceptance, Care, Maintenance,
Improvements and Repair
•Lessee shall assume entire cost for repair and maintenance of lease premises for term and extensions
•Keep clean and orderly condition and appearance
•Maintain and repair utility service lines to improvements on premises
•Last 5 years of initial term or last 24 months of extended term
•City has the right to conduct detailed inspections up to two times per year
•Lessee may elect not to maintain extraordinary repairs
•City has the option to require lessee to:
•Clear the site to original condition
•Transfer title to the City as -is
•City will terminate Agreement if this is elected
•Plans for improvements shall be submitted to the City
Page 55 of 126
Article 6 –Additional Obligations of Lessee
•Comply with all federal, state and municipal laws, ordinances, rules, regulations and requirements, the Airport’s Minimum Standards, Airport security rules and regulations, and other Airport Rules and regulations, as they now exist or may hereafter be amended or promulgated.
•Commit no nuisance, waste or injury on the Leased Premises
•Not install, maintain, operate or permit the installation, maintenance or operation of any restaurant, kitchen, stand or other establishment of any type for the sale of food or of any vending machines or device for public use
•Conduct its operations in such a manner as to keep the noise produced by aircraft engines and component parts thereof, and any other noise, to a minimum, by such methods as are practicable, considering the extent and type of the operations of Lessee and the limitations of federal law
Page 56 of 126
Article 6 –Additional Obligations of Lessee cont’
•Following the completion of construction of the Hangars, Lessee shall
not store nor permit the storage of disabled aircraft or any equipment
or materials outside of the Hangars constructed on the Leased
Premises
•Obtain and maintain in current status all permits and licenses required
under any law or regulation
•Comply with all security measures that Airport, the United States
Transportation Security Administration, or any other governmental
entity having jurisdiction may require in connection with the Airport
Page 57 of 126
Article 7 –Ingress and Egress
•Lessee certify that the taxiways and/or roadways so constructed have been built to such specifications and criteria, and those portions of any such taxiways and/or roads located off the Leased Premises shall be conveyed and dedicated to the City
•Warranty bond for 2 years for improvements turned over to the City after construction
•The use of any roadways or taxiways shall be subject to the Rules and Minimum Standards of the Airport, which are now or later in effect, and subject to temporary closure; provided, however, that any closure shall be only for reasonably necessary or unique circumstances, and provided that 14 days prior written notice will be given to Lessee
Page 58 of 126
Article 8 –Casualty Insurance and Damage to the
Leased Premises
•Must provide all risk insurance coverage for 100% of actual
replacement cost
•City listed as co-insured
•Damaged or destroyed property must be promptly repaired or replaced
or if last 5 years on initial term or last 2 years on an extension , follow
Article 5
Page 59 of 126
Article 9 –Liabilities and Indemnity
•Purely legal information
•Keep General Comprehensive Liability / Hangarkeepers insurance
•Hold the City harmless
Page 60 of 126
Article 10 –Leasehold Mortgages
•Lessee conveys all of leased property to someone else
•Must notify City
•Must cure all defaults in not more than 90 days
•ie. Larry wood assignment to Cutter Aviation, Georgetown
Page 61 of 126
Article 11 –Rules and Regulations
•Lessee understands that the City has adopted Rules and regulations
and they may change from time to time.
•Observe and obey any and all such Rules and all other federal, state
and municipal rules, regulations and laws and to require its officers,
agents, employees, subtenants, contractors, and suppliers, to observe
and obey the same
Page 62 of 126
Article 12 –Signs
•Lessee shall have the right to install and maintain one or more signs on
the Leased Premises identifying it and its operations
•Signs can’t be confusing to aircraft, or auto traffic
Page 63 of 126
Article 13 –Assignment and Sublease
•Prior written consent of the City
•City must get copy of written agreement
•Must show proof of insurance
Page 64 of 126
Article 14 –Condemnation
•If any portion condemned, then lease is reduced by the area taken
•Lessee understands and agrees that the City have the right to take all
or any portion of the Leased Premises, and any additions, alterations
or improvements thereon, should the City, in their sole discretion,
determine that said portion of the Leased Premises, and improvements
thereon, are required for other Airport purposes, without initiating
condemnation proceedings
Page 65 of 126
Article 15 –Non-Discrimination
•No person on the grounds of race, color, disability or national origin
shall be excluded from participating in, denied the benefits of, or be
otherwise subjected to discrimination in the use of the Leased
Premises
Page 66 of 126
Article 15 –Non-Discrimination
•No person on the grounds of race, color, disability or national origin
shall be excluded from participating in, denied the benefits of, or be
otherwise subjected to discrimination in the use of the Leased
Premises
Page 67 of 126
Article 16 –Governmental Requirements
•Procure all licenses, certificates, permits or other authorization from
all governmental authorities
•Pay all taxes, license, certification, permits and examination fees and
excise taxes
•Pay all water, sewer, utility and other applicable use taxes and fees
•If City is ever required to pay, then City can assess additional rent to
cover costs incurred
Page 68 of 126
Article 17 –Rights of Entry Reserved
•The City, shall have the right at all reasonable times to enter upon the
Leased Premises and enter the Improvements for all purposes not
inconsistent with this Agreement
•If any personal property of Lessee shall obstruct access of the City
across the existing easements to any of the existing utility, mechanical,
electrical and other systems, and thus shall interfere with the
inspection, maintenance or repair of any such system pursuant to,
Lessee shall move such property
Page 69 of 126
Article 18 –Termination
•If rent or additional rent is not paid with 30 days notice
•If default in any of the terms of the contract with 60 days notice
•All subleases shall also terminate
•Failure of City to terminate does not show acceptance
•If lessee ceases to conduct authorized aeronautical activities for 12
consecutive months
Page 70 of 126
Article 19 –Surrender and Right of Re-Entry
•At the end or cancellation of the lease, the lessee agrees to peacefully
surrender the leased premises.
•If lease fails to leave they will deemed to be occupying the Leased
Premises as a tenant at-sufferance, subject to all of the conditions,
provisions and obligations of this Agreement, but without any rights to
extend the term of this Agreement.
Page 71 of 126
Article 20 –Services to Lessee
•City will try to give 14 days notice for temp airport closure for
maintenance, etc.
•With the exception of emergencies
•With the exception of permanent airport closure
Page 72 of 126
Article 21 –Survival of the Obligations of Lessee
•All lessee obligations will stay in effect if termination of agreement by
default of Lessee
•Lessee must pay damages to City
•Rental obligatios
•Expenses incurred by the City
Page 73 of 126
Article 22 –Use Subsequent to Cancellation or
Termination
•The City shall, upon termination or cancellation, or upon re-entry,
regaining or resumption of possession, have the right to repair and to
make structural or other changes in the Leased Premises.
Page 74 of 126
Article 23 –Notices
•Notices must be in writing
Page 75 of 126
Article 24 –Invalid Provisions
•If anything in the agreement is invalid, it does not invalidate the entire
agreement
•Instead, the agreement will be modified with similar wording to be
valid
Page 76 of 126
Article 25 –Miscellaneous Provisions
•All remedies for the City are cumulative and not exclusive
•No City employee can be held personally liable
•The agreement will be recorded by the City and costs will be billed to
Lessee as additional rent
•Agreement is made in Williamson County and under the laws of the
state of Texas
•All oral and written communication prior to the agreement are agreed
that they are included in the agreement
Page 77 of 126
Article 26 –Subordination Clauses
•City reserves the right to develop the airport as it sees fit
•City can take necessary action to protect the aerial approaches
•This agreement is subordinate to existing and future agreements
between City and United States or State of Texas
•During a National Emergency the City may lease any or all of the
landing or Airport area to the United States or National Guard for
Military use.
•Nothing in the agreement grants any rights to the airspace above the
Leased Premises other than used for enjoyment of the leased premises
Page 78 of 126
Article 27 –Quiet Enjoyment
•City warrants that the owner and users of the Leased Premises may
peacefully possess and enjoy it during the term of the agreement and
any extensions
Page 79 of 126
Article 28 –Entire Agreement
•This is the entire agreement, and may be changed by written
instrument signed by both City and Lessee.
Page 80 of 126
Article 29 –Requirement for Condominiumization
•This Agreement does not authorize Lessee to create either a common
interest community or hangar condominiums on the Leased Premises
•If so desired,a written amendment to this Agreement shall be
required,containing such additional terms as the City may reasonably
require,including but not necessarily limited to terms necessary for
compliance with the Texas law.
Page 81 of 126
Article 30 –Return Condition of Leased Premises
•At the expiration or termination of the Lease or any renewal term,
Lessee shall surrender promptly the leased premises and all structures in
the same condition as when received or constructed,ordinary wear and
tear excepted,except to the extent caused by fire or Act of God for
which the Lessor has been previously compensated.
Page 82 of 126
Article 31 –Hazardous Materials
•Tenant agrees that in the event of a release or threat of release of an y
Hazardous Material b y Tenant at the Airport
•If there is a release of hazardous chemicals,they must notify the
Airport immediately,and respond to release or threat of release in
accordance with laws and regulations
Page 83 of 126
Signature Pages
•City Mayor
•Lessee
Page 84 of 126
Questions
?
Page 85 of 126
City of Georgetown, Texas
Transportation Advisory Board
December 10, 2021
S UB J E C T:
C onsideration and pos s ible ac tion to approve the November 12, 2021 minutes of the G eorgetown
Transportation Advisory Board. -- Danielle Dutra, Board Liaison
IT E M S UMMARY:
C onsideration and pos s ible ac tion to approve the November, 2021 minutes of the G eorgetown
Transportation Advisory Board.
F IN AN C IAL IMPAC T:
.
S UB MIT T E D B Y:
Danielle Dutra, Board Liais on
AT TAC H ME N T S:
Description Type
GTAB Minutes 11.12.21 Backup Material
Page 86 of 126
Board Members Present: John Hesser, Michael Miles, James Hougnon, Alfred Hajka,
George (Jerry) McCulley, Amanda Parr, Felix Boston & Jake French
Board Members Absent: Robert Redoutey
Staff Present: Eric Johnson, Wayne Nero, Cindy Medrano, Sheila Mitchell, Danielle
Dutra, Chris Pousson, Jeff Belding & Aaron St. Pierre
Others Present: Larry Brundige, Hugh (Carl) Norris, Derek Mayo, John
Mutchler, Jonathan Tronson, Lucia Murguia & Ken McHenry
Regular Session
A. Call to Order: Meeting called to order by Chair John Hesser at 10:04am
Georgetown Transportation Advisory Board may, at any time, recess the Regular
Session to Convene an Executive Session at the request of the Chair, a Board Member,
The City Manager, Assistant City Manager, General Manager of Utilities, City Council
Member, or legal counsel for any purpose authorized by the Open Meetings Act, Texas
Government Code Chapter 551, and are subject to action in the Regular Session that
follows.
B. Introduction of Visitors: All board members, visitors, and staff were
introduced.
C. Public Wishing to Address the Board
On a subject not posted on the agenda: Persons may add an item to a future
Regular scheduled Board agenda by filing a written request with the Staff
Liaison no later than one week prior to the Board meeting. The request must
include the speaker’s name and the specific topic to be addressed with
sufficient information to inform the board and the public. Only those persons
who have submitted a timely request will be allowed to speak. For Board
Liaison contact information, please logon to
http://georgetown.org/boardsandcommissions
At the time of this posting, no persons had signed up to address the Board.
Minutes of the Meeting of the
Georgetown Transportation Advisory Board and the
Governing Body of the City of Georgetown, Texas
November 12, 2021
Page 87 of 126
D. November 2021 GTAB Updates – Chris Pousson, CIP Manager
• Pousson provided the board with transportation updates throughout
the City of Georgetown.
• Vice Chair, Miles, verified 30% design completion on DB Wood Road
as stated by Pousson. Miles also asked how many more meetings
with residents are scheduled. Pousson stated, there are 2 meetings
scheduled for next week, some residents have not responded to
meeting requests.
• Miles also inquired about the questions submitted at the initial
informational meeting for DB Wood residents in May/June. Questions
have not been published or answered and returned to homeowners.
Pousson will follow up with management on this concern to
determine timeline on information release.
E. Airport Monthly Report – Eric Johnson, Public Works Director
• Johnson provided the board with the monthly airport update.
• The Airport is currently working with IT to purchase a Virtower, LLC
Monitoring System which will allow for real time operational counts as
well as Base Aircraft Inventory, and Noise Mitigation tools
• On October 26, 2021, City Council approved a resolution amending the
naming of the Georgetown Municipal Airport to the Georgetown Executive
Airport at Johnny Gantt Field.
• The prominent FBO chain Cutter Aviation has purchased Larry Wood’s
FBO and related ground/facility lease.
• Board Chair, Hesser inquired about the financial impact of the Cutter
Aviation purchase. Johnson stated that legal counsel has reviewed
financials and advised to move forward with Cutter.
• Hesser would like to get started on the process for the future runway
expansion on current airport grounds for safety without expanding the
current airport footprint.
• Board member, Boston asked which runways will be expanded? Johnson
stated that a decision has not been made on runways at this time.
Page 88 of 126
• There were two (2) statements submitted for this item. The written
statement is attached to the minutes. Note, Brundige allocated his
three (3) minutes to Norris.
Legislative Regular Agenda
F. Consideration and possible action to approve the October 8, 2021, minutes of
the Georgetown Transportation Advisory Board – Danielle Dutra, Board
Liaison
• MOTION by French, second by Hajka. APPROVED unanimously 8-0-1
Redoutey absent
G. Consideration and possible action to recommend approval of a Texas
Department of Transportation Grant (21CRGEORG) to prevent, prepare for,
and respond to coronavirus in the amount of $23,000. -Eric Johnson, Public
Works Director.
• Board asked where the grant money goes in the FY22 budget? Johnson
stated that the funds go into the Airport Operating Budget.
• Board clarified that funds are available through 2025. Johnson confirmed,
yes funds are available to cover costs associated with coronavirus through
2025.
• MOTION by Parr, second by McCulley. APPROVED unanimously 8-0-1
Redoutey absent.
H. Consideration and possible action to recommend approval of a Texas
Department of Transportation Grant (21TWGEORG) to prevent, prepare for
and respond to coronavirus in the amount of $34,162. -Eric Johnson, Public
Works Director.
• Board asked why there are two (2) different grants to prevent, prepare and
respond to coronavirus. Johnson stated that this is how the grants were
offered.
• MOTION by Miles, second by Parr. APPROVED unanimously 8-0-1
Redoutey absent.
I. Consideration and possible action to recommend the adoption of a formal
Georgetown Executive Airport at Johnny Gantt Field Leasing Policy. - Eric
Johnson, Public Works Director.
Page 89 of 126
• Board had statements/comments about the current document as written.
After a lengthy discussion board decided to table this item until the
December 10, 2021 GTAB meeting.
• All GTAB members wanting to submit comments on this item need to do
so by end of business on Monday, November 29, 2021. Please email
comments to board liaison, Danielle Dutra at
danielle.dutra@georgetown.com.
• MOTION by McCulley, second by Miles. APPROVED 7-0-2 Redouty
absent, Parr left before discussion was complete, to table item until the
December 10, 2021 GTAB meeting.
Adjournment
• MOTION by Miles, second by French. APPROVED unanimously 8-0-2
Redoutey absent, Parr left the meeting before adjournment.
The meeting adjourned at 11:23 AM
John Hesser - Chair Robert Redoutey – Secretary
Danielle Dutra – GTAB Board
Liaison
Page 90 of 126
Page 91 of 126
Page 92 of 126
Page 93 of 126
City of Georgetown, Texas
Transportation Advisory Board
December 10, 2021
S UB J E C T:
C onsideration and possible ac tion to ad o p t a formal G eo rgeto wn Exec utive Airport at Johnny G antt F ield
Leas ing P olic y. – Eric Johnson, P ublic Works Director
IT E M S UMMARY:
Although thes e are the guid eline the Airport has been following, staff s eeks to ad o p t a formal G eorgetown
Exec utive Airport at Johnny G antt F ield Leas ing P olic y.
In order to p ro mo te and develo p a fair and reas o nable o p erating environment for all persons and
organizations leasing property at the G eorgetown Exec utive Airp o rt at Johnny G antt F ield , (“Airport”), the
attached Leasing P olicy is hereby proposed.
It is the p o licy of the G eorgetown C ity C o unc il to ensure that reas o nable effo rts are mad e when negotiating
agreements to:
1. P romote market rents that are intended to make the Airp o rt as financ ially self- s uffic ient as reasonably
pos s ible, inc luding funds for Maintenanc e, Equipment R eplacement and Emergency R eserve;
2. Minimize operational c os ts to the C ity and its tenants ;
3. F oster growth of both aviation and non-aviation development (where appropriate) on airport property;
4. Attrac t private c apital inves tment for airport development; and
5. C omply with F ederal Aviation Adminis tration (FAA) and S tate of Texas obligations, polic ies , and
regulations .
With the exceptio n of transient (non-b as ed ) aero nautic al o p erators, no person, firm, organizatio n, club , or
other entity s hall b e permitted to operate any bus iness o r c o mmercial activity at the Airport witho ut an
approved and fully exec uted leas e, s ubleas e, S pec ialized Aviation S ervice O rganization (“S AS O ”) with
the Airp o rt o r fully approved and executed as s ignment o f same. T he intent of this req uirement is to protec t
the inves tment and p rivileges of bona fid e operatio ns on the airport and to ens ure that fees o r charges will
be required from every us er of the airport.
Airport property is generally leas ed o n a first come, firs t served b as is , to appropriately qualified applic ants ,
unles s spec ifically exempted in the “Leas e Applic ation P ro cess.” If multip le parties are interes ted in leasing
an available parcel of Airport property, Airport staff s hall seek competitive propos als via public
advertis ement on the Airport webs ite and/or a newspaper of general c irculation after establis hing a starting
rent us ing an ap p rais al p ro ces s o r market analys is to s et market value. If c o mp etitive p ro p o s als are
s olicited, Airport staff will make the final selec tion based o n criteria following the “Leas e Application
P rocess” and “Leas e P ropos al R eview.” Tenants in good s tanding whos e p ro p erty ad jo ins a parcel
available for leas e (whether vacant or d eveloped) will be given the firs t opportunity to leas e the adjoining
parcel.
Page 94 of 126
F IN AN C IAL IMPAC T:
N/A
S UB MIT T E D B Y:
Eric Johns on, P ublic Works Direc tor
AT TAC H ME N T S:
Description Type
GTU Airport Leasing Policy Backup Material
Airport Leas ing Guidelines Pres entation Pres entation
Page 95 of 126
GEORGETOWN EXECUTIVE AIRPORT
AT JOHNNY GANTT FIELD
LEASING POLICY
Approved as to form and legal GEORGETOWN EXECUTIVE AIRPORT
Sufficiency: AT JOHNNY GANTT FIELD
Skye Masson
City Attorney
By:
Eric Johnson
Public Works Director
Adopted:
Revised:
Page 96 of 126
TABLE OF CONTENTS
Georgetown Executive Airport at Johnny Gantt Field Hangar
Waiting List
Page
SECTION I GENERAL POLICY . . . . . . . . . . . . . . . . . . 3
Agreement Classifications . . . . . . . . . . . . . 3
Agreements Required . . . . . . . . . . . . . . . . . 4
Lease/Operating Agreement Categories. . 4
SECTION II GENERAL GUIDELINES FOR AIRPORT AGREEMENTS . . 6
Lease Application Process . . . . . . . . . . . . . . 6
Lease Proposal Review . . . . . . . . . . . . . . . . . 8
SECTION III LEASE RATES, TERMS AND PROVISIONS . . . . . 10
Rates and Charges . . . . . . . . . . . . . . . . . . . . . . 10
Terms of Lease . . . . . . . . . . . . . . . . . . . . . . . . . 10
Title to Improvements . . . . . . . . . . . . . . . . . . . 11
Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Assignment/Subletting/Sale of Stock or Facilities 12
Public Service Goals . . . . . . . . . . . . . . . . . . . . 13
Encumbrances . . . . . . . . . . . . . . . . . . . . . . . . . 13
Indemnification and Insurance . . . . . . . . . . . . 13
Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Rules and Regulations . . . . . . . . . . . . . . . . . . . 14
Appraisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Performance Bonds . . . . . . . . . . . . . . . . . . . . . 14
Relocation of Improvements . . . . . . . . . . . . . . 14
Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Gross Receipts Language . . . . . . . . . . . . . . . . . 15
Dominant Agreements. . . . . . . . . . . . . . . . . . . . 15
Other Lease Provisions . . . . . . . . . . . . . . . . . . 15
SECTION IV HANGAR WAITING LIST POLICY . . .. .
16
Policy for General Aircraft Hangar Units . . . 16
16
EXHIBIT A
HANGAR WAITLIST REQUEST FORM
Page 97 of 126
SECTION I
GENERAL POLICY
In order to promote and develop a fair and reasonable operating environment for all persons and
organizations leasing property at the Georgetown Executive Airport at Johnny Gantt Field,
(“Airport”), the following Leasing Policy is hereby adopted.
The City of Georgetown operates the Airport in Georgetown, Texas. As used herein the word
“tenant” includes any person or entity that has been granted any right, license or privilege to
occupy or use any property, or conduct any activity, irrespective of the form of the agreement,
permit, and/or license that grants any such right, license or privilege.
It is the policy of the Georgetown City Council to ensure that reasonable efforts are made when
negotiating agreements to:
1. Promote market rents that are intended to make the Airport as financially self- sufficient
as reasonably possible;
2. Minimize operational costs to the City and its tenants;
3. Foster growth of both aviation and non-aviation development (where appropriate) on
airport property;
4. Attract private capital investment for airport development; and
5. Comply with Federal Aviation Administration (FAA) and State of Texas obligations,
policies, and regulations.
Agreements Required
With the exception of transient (non-based) aeronautical operators, no person, firm, organization,
club, or other entity shall be permitted to operate any business or commercial activity at the Airport
without an approved and fully executed lease, sublease, Specialized Aviation Service
Organization (“SASO”) with the Airport or fully approved and executed assignment of same. The
intent of this requirement is to protect the investment and privileges of bona fide operations on
the airport and to ensure that fees or charges will be required from every user of the airport.
Lease/Operating Agreement Categories
1. Flight Training Service Center.
2. Aircraft Maintenance, Overhaul, and Parts Shop.
3. Specialized Commercial Flying Service.
4. Specialized Aircraft Repair Service.
5. Non-Aviation Land and/or Building Lease.
6. Courtesy Vehicle Operations.
7. Advertising signs on Airport.
8. Utility Easements.
9. Automobile Parking.
10. Food, Beverage, and/or Merchandising Concessions.
11. Government Leases.
12. Aviation Easements.
13. Operating Privilege Agreements.
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14. Clubs.
15. Hangar License Agreements.
16. Other.
Agreements, which the Airport shall not entertain:
1. Non transient (non-based) aeronautical operators, without an approved and fully executed
lease, sublease, Specialized Aviation Service Organization (“SASO”) with the Airport or
fully approved and executed assignment of same.
Consistent with Department of Transportation, Federal Aviation Administration order 5190.6B,
the Airport shall retain proprietary exclusive rights of the following aeronautical services:
1. Wholesale fuel to FBO’s and other commercial operators.
Page 99 of 126
SECTION II
GENERAL GUIDELINES FOR AIRPORT AGREEMENTS
Airport property is generally leased on a first come, first served basis, to appropriately qualified
applicants, unless specifically exempted in the “Lease Application Process.” If multiple parties
are interested in leasing an available parcel of Airport property, Airport staff shall seek
competitive proposals via public advertisement on the Airport website and/or a newspaper of
general circulation after establishing a starting rent using an appraisal process or market analysis
to set market value. If competitive proposals are solicited, Airport staff will make the final
selection based on criteria following under “Lease Application Process” and “Lease Proposal
Review.” Tenants in good standing whose property adjoins a parcel available for lease (whether
vacant or developed) will be given the first opportunity to lease the adjoining parcel.
Unless specifically exempted in the “Lease Application Process” or elsewhere in this Policy, all
persons or businesses seeking to become tenants at the Airport must first submit a fully completed
written application to the Airport Manager or Designee, together with any additional information
which may be requested by the Airport Manager or Designee, County Management or County
Attorney.
Lease requests will be reviewed and evaluated according to the stipulations outlined in this Policy,
and in terms of whether the proposed use conforms to each of the following overarching goals:
1. The use is shown to be appropriate and consistent with the Airport Layout Plan (ALP),
Master Plan, and other relevant land use planning documents that pertain to the Airport.
2. The use does not constitute a violation of any Airport Grant Assurances which have been
incorporated within a Grant Agreement entered by the Airport.
3. The use complies with all requirements and provisions contained in the adopted policies,
procedures and standards of the Airport and the City of Georgetown.
The information contained in the lease request should provide sufficient detail to enable the
Airport to adequately determine a potential tenant’s financial standing, their ability to undertake
construction in a timely manner (if the tenant is going to build on a vacant parcel), their ability
and experience to provide the services to the general aviation public or commercial aviation
industry (if the tenant is an aviation-related business), which are described in the proposal, and
the amount of investment in and the overall appearance of the facilities that are to be constructed
or leased by the tenant.
Lease Application Process (Including Subleases and Assignment of Leases)
(Note: Parties wishing to rent tie-downs, hangars, T-hangars solely for short-term (e.g. month-
to-month or year-to-year) or non-commercial hangars for the storage of aircraft, and who
do not desire or need significant Leasehold improvements or other special accommodations,
are exempt from the following requirements.)
Any person, group of people, firm, corporation, or organization desiring to conduct a commercial
activity of any type within the boundaries of the Airport must first secure written authorization
from the Airport to do so. Written authorization from the Airport is typically provided in the form
of a lease for building space or land area, but may also be in the form of an appropriate permit
allowing the activity in question to be conducted for a given period time on Airport property.
The process for obtaining authorization for a commercial activity from the Airport begins with an
Page 100 of 126
applicant submitting a written proposal, or Lease Application, which details the type of
operation(s) being proposed. Depending on the term of the lease being sought, or the size, scope,
and complexity of the commercial activity, an applicant may be requested by the Airport Manager
to provide some or all of the following information. In general, longer term lease requests will
require more information than shorter term requests. The Lease Application should include the
following:
1. A cover letter from the Applicant identifying the name of the business, a description of
the services or products to be provided, and the primary contact’s name, phone number
and email address.
2. A short description of the proposed commercial activity with sufficient narrative to
adequately explain the benefits of the activity to the Airport and local community.
3. A business plan that provides sufficient detail about the commercial activity being
proposed.
4. The names and contact information (mailing address, phone numbers, email, etc.) of all
parties having an interest in the business and those that will be directly responsible for
the day-to-day management of the business.
The amount and location (if known) of vacant property that the tenant desires to lease
(accompanied by a map showing the location of the property in question).
5. The type of facilities which are to be constructed, purchased, or leased (whichever is
relevant).
6. The purchase price of existing facilities (where relevant).
7. The services to be offered, proposed hours of operation, projected employment broken
down by number of permanent and temporary employees, full-time and part-time
positions, job titles, average wage or wage scale anticipated to be paid, and the number
of aircraft (if any) that are to be based and/or operated at the Airport in conjunction with
the business.
8. Evidence of financial capability to provide the services and facilities proposed (this may
extend to providing a current financial statement and/or tax returns for the previous 3
years).
9. Evidence demonstrating a history of satisfactory performance of a similar commercial
activity at other sites (preferably airports), including dates and location. Record of any
insolvency or bankruptcy proceeding in any past business relationships over the past 10
years.
10. Aeronautical qualifications, including years of experience in the proposed operation, past
experience in other related activities, and four professional references.
11. Other information the Airport may require and specifically request.
Page 101 of 126
Lease Proposal Review
Following receipt of an application to lease or sublease Airport land or facilities, or for an
Assignment of Lease, the Airport Manager will evaluate the submitted proposal for completeness
against the criteria outlined in the Lease Application Process. The Airport Manager may also
perform a background investigation relative to the applicant’s criminal history, credit worthiness
and past business performance. Incomplete proposals will be returned to the applicant.
Following review by Airport staff, applications may be denied for one or more of the following
reasons:
1. The application does not comply with or meet the provisions of this policy.
2. The applicant or their proposed operations fail to meet the qualifications, standards and
requirements enforced by the Airport or City of Georgetown.
3. The applicant’s proposed operations or construction activities will create a safety or
security hazard.
4. The granting of the application will require unauthorized expenditure of Airport funds,
labor or materials on the land or facilities described in, or related to, the application.
5. The operation is unlikely to provide a positive rate of return
6. There is no appropriate or adequate available space or facilities on the Airport property
to accommodate the activity of the applicant.
7. The proposed operation, development or construction contemplated does not conform to
the approved Airport Layout Plan or Airport Master Plan.
8. The development or use of the area requested will result in a congestion of aircraft or
buildings, or will result in excessive interference with the operations of other existing
tenants on the Airport, such as preventing free access and egress, or will result in
depriving, without adequate compensation, an existing tenant the use of portions of their
leased area.
9. A party applying, or having an interest in the business, has supplied false information, or
has misrepresented a material fact in the application or in supporting documents, or has
failed to make full disclosure on the application.
10. A party applying, or having an interest in the business, has a record of violating the rules
and regulations of the Airport, or those of any other airport, or the rules and regulations
of any State or Federal Agency.
11. A party applying, or having an interest in the business, has defaulted in the performance
of any lease or other agreement with the Airport or any lease or other agreement at any
other Airport.
12. A party applying, or having an interest in the business, is not sufficiently credit worthy
and responsible in the judgment of the Airport to provide and maintain the business to
which the application relates, and to promptly pay amounts due under its lease with the
Airport.
13. The applicant has committed a crime, or violated a local ordinance, rule, or regulation,
which adversely reflects on its ability to conduct the operation applied for, or otherwise
renders applicant unsuitable.
14. Any other reason that would result in an activity deemed not consistent with Airport
policy, or not to be in the best interest of the Airport and/or the Texas Aviation
System.
15. The applicant proposes a “Through the Fence” operation that is inconsistent with Section
136 of the FAA Modernization and Reform Act of 2012.
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The diagram shown below delineates the steps of a typical lease application process for review
and approval by the Airport. Many of these steps are discussed in greater detail elsewhere in this
policy. Depending on the size, scope and complexity of the commercial activity that is being
proposed for a given parcel of land or facility, the timeframe to complete the entire application
process can vary from eight to sixteen weeks or more.
LEASE APPLICATION / PROPOSAL PROCESS
(Typically a 8 to 16 Week Process*)
Start
Finish
*Assumes that no reviews and/or approvals are needed from outside agencies. If there are any
proposals to build new the applicant will also have to get with Planning and Permitting at the City
of Georgetown. This would add more time to the timeframe.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
•Review Application for
completeness and compliance
with Leasing Policy
•Perform Due Diligence
Research
•Undertake Development of
Lease Terms
•Prepare legal documents for
execution
Airport Manager/ City
Departments/City Attorney
Submit Application for New
Lease, Sublease, or
Assignment of Existing Lease
Applicant
Federal/State Approval
(Non-aviation uses ONLY)
FAA ADO/TXDOT
District 1
Recommendation for
Approval/Denial to
Georgetown Transportation
Advisory Board
Airport Authority
Lease Execution
Applicant/City
Attorney/City
Council
Page 103 of 126
SECTION III
LEASE RATES, TERMS AND PROVISIONS
Rates and Charges
TxDOT/FAA guidelines require that the Airport be as financially self-sustaining as possible.
Whenever possible, rental rates for unimproved Airport land or existing hangars and related
facilities used for commercial aviation activities are set at market value of the property in use.
Market value will be determined through an appraisal or market analysis of comparable parcels or
structures undertaken by the Airport. A rate adjustment based on the Consumer Price Index–Urban
(CPI-U) for the Dallas-Fort Worth region will be applied to leases on either a regular basis, but no
more than annually, between appraisals to facilitate parity between new and longstanding tenants.
In an effort to stimulate economic development, support aviation industry growth, and encourage
airport property development, the Airport may consider a reduced rate for the following property
uses:
1. Large Scale Development
2. Aeronautical Manufacturing
3. Substantial aviation-related educational facilities (such as an FAA-certified A&P
Program or a Flight Training Program)
4. Any commercial business that creates and maintains new jobs that pay, on average, no
less than 115 percent of the average annual wage for City of Georgetown, as determined
by the City of Georgetown Office of Business and Economic Development
Each Airport tenant, subtenant, licensee, or occupant user of the Airport shall pay the then
applicable and appropriate rate or fee for such tenancy or use. Operating expenses may also be
included in Airport Leases for the cost of upkeep and maintenance of common areas and facilities
in and adjacent to the leased areas. Each airport lessee will be required to pay Williamson County
Property taxes.
Terms of Lease
All Leases: Each lease will be evaluated on its own merit. The current maximum term length is
determined by the more restrictive of current City of Georgetown Ordinance, TXDOT or the FAA.
The lease may be written to have an initial term length with one or more extension periods. The
total length will not exceed the limits set previously. At the expiration of an existing lease the Title
to Lease rules will take effect. See below.
Long Term Ground Leases: The Georgetown Executive Airport at Johnny Gantt Field recognizes
that allowing tenants to amortize their investments over a longer period of time can encourage
further investment in Airport property. To this end, the Airport will consider entering into a lease
with a term up to the maximum limit allowed by current City of Georgetown Ordinance, TXDOT
or the FAA (the more restrictive limit applying) in those instances where a potential tenant has
demonstrated to the Airport’s satisfaction that they are prepared to make a significant investment
in one or more of the following areas:
a. Make a significant initial capital investment in new construction on the property.
b. Make a significant capital investment in existing leasehold improvements.
c. Create (and maintain) a significant number of new jobs, at higher-than-average wages.
Page 104 of 126
d. Make a significant investment in the extension of public infrastructure that will benefit
the Airport as a whole (i.e., roads, water, sewer, navigation aids, etc.).
Business Retention Considerations. The Airport recognizes the importance of retaining existing
businesses that contribute substantially to the local economy. To this end, the Airport may consider
entering into a new lease with an existing tenant for a term up to the maximum limit allowed by
TXDOT or the FAA (the more restrictive limit applying).
Title to Improvements
Title to all fixed improvements constructed or installed on leased or licensed premises shall remain
with the Lessee or Licensee during the term, and any renewals thereto, of the Agreement. Upon
termination of the Agreement, said improvements shall become the property of the Airport or, at
the Airport's sole option, the Airport may require the Lessee to remove said improvements and
restore the property to its original condition, all at no cost to the Airport or the City of Georgetown.
Reversion After Ground Lease Term
Following expiration of a Ground Lease, the land and structures thereon may be leased by the Airport
under short-term Facility Leases, typically 1-5 years in duration, at market rates. These leases will
be for the property and the building, with the ownership of said property and building residing with
the Airport. For larger tracts, the lease rate will typically be predicated upon an appraisal done by an
MAI who will set the base rate for the property and building. This information will be available to
the prospective tenant.
Materials
Terminal Building: The Airport will provide structural maintenance, heat and light, but will not
provide janitorial service, revamping or other day-to-day services in any tenant’s leased or licensed
area unless the applicable agreement specifies that the Airport shall be compensated for such
services.
Airfield: The Airport will maintain all public use runways, taxiways, and aprons. Ramps and aprons
leased or otherwise provided to sub-tenants or any other occupants will be maintained by the sub-
tenants or occupant of any description as annotated in each respective lease.
Land and Building: Tenants may be required to provide all maintenance of land and utility services
to leased or licensed land and/or buildings. The Airport shall be sole judge of the quality of
maintenance and, upon written notice, may require immediate improved maintenance. If such
maintenance is not performed, the Airport may perform such maintenance and invoice the costs of
the maintenance to the Lessee, Licensee, or occupant. Non-payment of invoices will be grounds to
terminate the agreement that allows the occupant to occupy the property or conduct the activities.
Assignment/Subletting/Sale of Stock/Sale of Facilities Constructed
The operation of any tenant on the airport shall be for the public interest and furtherance of airport
activity. Tenants are entrusted with the duty and obligation of providing the public with the highest
level of services and facilities, and it is therefore, necessary that the tenant's activities and/or
operations be subject to continuing scrutiny by the Airport Manager or Designee, and that the tenant
always operate in a businesslike fashion, efficiently and always with courtesy to the public and to
the staff of the Airport. For these reasons, the following shall be always be required of tenants:
Page 105 of 126
The Airport shall retain total control and exercise sole discretion over the assignment or any method
of changing or delivering to others any of the functions to be performed by the tenant, and any such
assignment shall have prior written approval by the Airport Manager or Designee.
Tenant may sublease a part of the leased area to others only after first receiving written approval
from the Airport Manager.
Public Service Goals
The FAA encourages airport sponsors to establish “Minimum Standards” for providing services to
the general public at an airport. The Georgetown Minimum Standards are published on the City of
Georgetown website (http://airport.georgetown.org) and are automatically incorporated into each
lease in order to ensure the level of public service is of a high quality, consistent with the goals of
the Airport. Remedy clauses will be included in all lease agreements for inadequate performance,
the quality of which will be determined solely by the Airport Manager or Designee.
Encumbrances
The Airport may permit a tenant to subordinate leasehold-owned improvements (NOT LAND) for
financing purposes, with a mortgage approved by the Airport Manager or Designee. If such an
arrangement is permitted the mortgagee may be granted the right to cure any default including the
assumption of the lease. This encumbrance provision will assist private investment in financing
capital improvements, protect the mortgagee's interest, and does not endanger the interest of the
Airport. NOTICE: Obligations to pay rent and charges to the Airport shall not be subordinated.
Indemnification and Insurance
To the maximum extent permitted by Texas law, the tenant shall indemnify and hold harmless
Georgetown Executive Airport at Johnny Gantt Field, City of Georgetown, its officers and
employees and contacts from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Lessee or anyone employed or utilized by the
Lessee in the performance of this Agreement. This indemnification obligation shall not be construed
to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This does not pertain to any incident arising
from the sole negligence of the Airport.
The Tenant shall provide all insurance deemed appropriate by the Airport Manager or Designee, as
determined by the City of Georgetown Safety & Risk Management Division.
Taxes
Williamson Central Appraisal District (WCAD) requires that all building owners/lessees will pay a
property tax on the lease amount for the year. It is the responsibility of the lessee to pay their property
tax. If your aircraft is registered under a business that is based here, there will be a tax paid. Federal,
state, or local taxes not paid by Lessee or Licensee may be deemed sufficient cause to cancel or
terminate the lease.
Rules and Regulations
Airport rules and regulations shall be a part of each lease. Such regulations may be amended from
time-to-time by the Airport including such reasonable and uniform landing fees, rates or charges, as
may from time to time be levied for airfield operational privileges and/or services provided at the
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Airport. Lessee shall also comply with any and all applicable governmental statutes, rules, orders,
and regulations. A violation of any Airport rule or regulation may be deemed sufficient cause for
lease cancellation or termination by the Airport.
Appraisals
Appraisals may be used for determining the Fair Market Value (FMV) of the highest and best use
of land and/or facilities the Airport leases. The Airport may require a prospective tenant to pay for
an appraisal and may reasonably withhold approval of a proposed appraisal firm lacking
demonstrated experience in airport appraisals. Once an appraisal is conducted for land and/or
facilities, the Airport may apply the appraisal on other similar land and/or facilities for up to five (5)
years. If five years have lapsed since an appraisal has been conducted, a new appraisal for that
category may be conducted if it is determined that the prior appraisal is out of date. In lieu of
appraisals the Airport may, at its option, apply airport industry standards for determining the FMV
of granting privileges and leasing land and/or facilities for aviation related or airport support
agreements.
Variance
Prospective tenants who cannot meet the criteria identified in this Leasing Policy may make
application for variance through the Airport Manager or Designee. Upon reviewing justification for
such application, the Airport will submit the request to the Georgetown Transportation Advisory
Board, who may or may not recommend approval to the Georgetown City Council. The City
Council may grant a variance by affirmative majority vote during one voting session. Variances are
not favored and there must exist compelling reasons for the granting of any variance. The basis for
the variance must always be beyond the control of the applicant for the variance. Economic hardship
shall never be a valid basis upon which to grant any variance.
Zoning
All leases shall remain consistent with the Airport Master Plan, Airport Development Standards,
and the Airport Layout Plan (ALP), as well as the City of Georgetown Comprehensive Land Use
Plan.
Dominant Agreements
Any Lease, License or Operating Agreement with the Airport is subject to all existing agreements
between the Airport and the Federal Aviation Administration (FAA), the Airport and the State of
Texas, and the Airport and City of Georgetown. Leases, Licenses and SASOs are sometimes subject
to FAA approval, which approval may be withdrawn. Accordingly, the Airport reserves the right to
immediately terminate any lease that the FAA has found to interfere with the safe operation and
maintenance of the airport, or otherwise conflict with regulations governing public-use airports.
Furthermore, and during the time of war or national emergency, the Airport shall have the right to
lease the landing area or any part thereof to the United States Government for military or naval or
similar use, and, if such lease is executed, the provisions of this Lease insofar as they are inconsistent
with the provisions of the lease to the Government, shall be suspended.
Other Lease Provisions
This Leasing Policy does not include all of the provisions of Airport leases.
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SECTION IV
GEORGETOWN EXECUTIVE AIRPORT AT
JOHNNY GANTT FIELD HANGAR WAIT
LIST POLICY
FOR T-HANGARS, TIE DOWN, AND STORAGE
HANGARS
1. Waiting List Process: When hangar space is not immediately available for assignment, a wait
list shall be established, prioritized by the date and time of receipt of the application by the
Airport. The term “aircraft storage space”, as used throughout this policy shall include:
A. General aircraft t-hangar units
B. Long-term Tie down positions
C. Storage units
Applicants for aircraft storage space shall contact the Georgetown Executive Airport at Johnny
Gantt Field or go to the airport’s website to obtain the most current Hangar Waitlist Request
Form (Exhibit “A”) (as may be amended from time-to-time). Separate lists for T-hangars and
Long-term Tie downs will be maintained in order to properly record those who wish to lease a
hangar or tie down space. Applicants must complete the current form, return it to the Airport.
The Management will place the applicant on the waiting list in the order the reservation forms
are received. Applicants who do not then own an aircraft but plan to purchase or lease one shall
note this fact on the form. Applicants must be able to occupy an aircraft storage space with the
specified, or similar, airworthy aircraft within thirty (30) days of entering into a T-hangar
License Agreement.
2. Notification of Available Hangar Space:
When aircraft storage space becomes available (or when it becomes apparent that such space
will soon become available), such space will be offered to the applicants on the hangar waiting
list on a “first come, first serve” basis. Ranking is determined by date of actual, physical receipt
of a completed Hangar Reservation Form, or from the previous waitlists that were maintained
by airport staff. It is the responsibility of the potential tenant to keep the Airport informed of
any changes to the point of contact such as, address, phone number, etc.
Airport staff will attempt to contact the applicant up to three (3) times by email or phone. If
there is no response to the emails or phone calls, the next person on the wait list will be
contacted and offered the hangar. The unreachable potential tenant will be placed on the
previously called list.
Once a potential tenant has been offered a hangar, he/she has forty-eight (48) hours to accept
or decline the offer. If the potential tenant accepts the space, an agreement will be readied at
the Airport Business Office for signature. Those who decline hangar space for the first time
will be placed on the previously called list. If they decline a second time they will go to the
bottom of the original list unless removal is requested.
If the hangar space being offered does not meet the space requirements for the potential tenant’s
aircraft, the potential tenant shall remain on the list in his/her original relative position.
If a person is place on the previously called list, they will not be called for an open hangar. The
person will need to contact the airport business office to advise airport staff that they are ready
for a t-hangar and will have to take the first available hangar.
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3. Aircraft Storage Space definitions:
A. General Aircraft T-Hangars: These hangars have door openings width of forty (40) feet or
less. Ranking is based on applicant’s position on the waiting list and can accommodate
either twin or single engine aircraft.
B. Storage Units: These units are at the end of T-hangars and are for storing aircraft and/or
related equipment. Ranking is based on applicant’s position on the waiting list.
C. Tie Downs: Tie downs are located to the north and south of the main terminal ramp area.
There are a total 24 tie down spots on the main ramp. There are also 11 tie down spots on
the east ramp. There are also four grass tie downs located east of the North T-Hangar
buildings.
4. License: Licensee shall provide proof of the following within 30 days of entering into an
agreement:
A. All aircraft stored in a KGTU hangar must be airworthy.
B. All hangars must be occupied by approved aircraft in accordance with this policy.
C. Rent shall be established by the Airport and may be adjusted annually.
D. First month’s rent must be paid in advance.
E. T-Hangar sub-leasing is NOT authorized. Any tenant who is discovered to be sub-leasing
their T-Hangar will be notified, and the remedy authorized in the lease will be applied.
F. The storage of anything other than aircraft, equipment appurtenant to aircraft, or vehicles
of owners or passenger during flight is not permitted.
G. Acceptable proof of aircraft ownership is required. Ownership is defined as having the
exclusive right to sell or fly.
H. In the case of Flying Club or Association, the Association’s name must be on the waitlist
and also on the T-Hangar lease.
5. Emergency Situations: In the event of an emergency, (e.g. hurricane or aircraft accident) any
vacant hangar is subject to aircraft temporary occupancy at the discretion of Airport Manager
or Designee, provided such occupancy is to protect the aircraft from potential exposure to loss
or damage because of the emergency.
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EXHIBIT “A”
GEORGETOWN EXECUTIVE AIRPORT AT
JOHNNY GANTT FIELD T-HANGAR
WAITLIST REQUEST FORM
#
Name:
Date: Time:
Phone: Address:
Email:
Plane: N- Type:
Notes:
Page 110 of 126
Georgetown Executive Airport
at Johnny Gantt Field Leasing Policy
December 10, 2021
Page 111 of 126
Agenda/Purpose
•Existing Airport Facilities
•Provide background information regarding airport sites
•Breakdown of the leasing policy
•Including Board Comments
•GTAB Comments/Feedback
Page 112 of 126
Airport Facilities
Page 113 of 126
Site 2, 3, 8 and 9
Site 2 –Available
Site 3 –LOI until
November 2021
Site 8 –Leased
Site 9 -Leased
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Site 4
Site 4 –Available
Page 115 of 126
Site 5
Site 5 –LOI until
February 2022
Page 116 of 126
Site 6
Site 6 –Available
But LOI under
discussion
Page 117 of 126
Site 7
Site 7 –Available
Page 118 of 126
Leasing Policy
•General policy to guide staff and developers
•Helps developers know the policy we follow and what’s expected
•Helps staff maintain a consistent message
•Provides guidance from City’s legal council on following laws and
regulations surrounding Airport development
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Section I –General Policy
•Agreements Required
•Lease/Operating Agreement Categories
Page 120 of 126
Section II –General Guidelines for Airport Agreements
•Lease Application Process (Including Subleases and Assignments of Leases)
•Lease Proposal Review
•Lease Application/Proposal Process
•GTAB Comments:
Page 121 of 126
Section III –Lease Rates, Terms and Provisions
•Rates and Charges
•Terms of Lease
•Title to Improvements
•Reversion after Ground Lease Term
•Materials
•Assignment/Subletting/Sale of
Stock/Sale of Facilities Constructed
•Public Service Goals
•Encumbrances
•Indemnification and Insurance
•Taxes
•Rules and Regulations
•Appraisals
•Variance
•Zoning
•Dominant Agreements
•Other Lease Provisions
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Section IV –Hangar Wait List Policy
•Waiting List
•Notification of Available Hangar Space
•Aircraft Storage Space Definitions
•License
•Emergency Situations
Page 123 of 126
Waitlist Request Form
Page 124 of 126
Leasing Policy Comments Document Review
•Switch to page turner for board comments
Page 125 of 126
Requested Feedback
What is the Boards preference on individuals suggested edits to
the leasing policy?
•Section I
•Section II
•Section III
•Section IV
Page 126 of 126