Res 2002-045 - Laserfiche WebLink

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Lease and these procedures, regulations and standards will be resolved In favor of the procedures, regulations and standards. Section 8. Payments by EBS to the City. EBS agrees to pay to the City a franchise fee in the form of a monthly amount equal to one percent (1 %) of EB S' s gross income from all commercial activity at the Airport, excluding sales or services to federal, state or local governments or other tax exempt organizations or agencies. EBS shall provide access to the City, upon reasonable notice, to all business records necessary to verify the amount of fees and/or percentage rental due under this Lease. Payment, is to be made within 10 days of the last day of the previous month and shall be based on EBS' s income during the previous month. If EBS fails to pay any sum payable to the City under the terms of this Agreement when due, then interest at the maximum legal rate in the State of Texas shall accrue from the date on which the sum became due and payable. Section 9. Term. The term of this Agreement commences on March 1, 2002 and will terminate on December 31,2004. Section 10. Use of Premises. The use of the Facility by EBSshall be restricted to aviation purposes, unless otherwise approved in writing by the Hearn and the City. Specifically, the Facility shall be used and occupied for the following business activity: Refurbishment of general aviation aircraft, most of which will be light twin-engine aircraft, including stripping and painting. EBS shall not use the Facility for any other purpose without the advance written consent of Hearn and the City. EBS shall use the Facility in good faith continuously for this purpose throughout the term of this Agreement. EBS shall not leave the Facility vacant at any time, and shall keep the Facility open to the public for business during normal business hours. Section 11. EBS Compliance with Hearn Obligations. EBS agrees to comply with all obligations of Hearn in the City Lease with respect to the following: A. Placing or keeping anything on the Facility or use of the Facility for any purpose which increases the insurance premium cost or invalidates any insurance policy carried on the Facility. B. Risk of loss and damage for all property kept, stored or maintained by it within the Facility. C. Use of the Facility in any manner that results in waste of the Facility or constitutes a nuisance, or violates any statute, ordinance, rule or regulation that aprlies to the Facility. D. Keeping the Property, including ramps, signs, sidewalks, service ways, and loading areas adjacent to the Property, neat, clean, and free from dirt and trash at all times. E. Storage of all equipment, materials and supplies related to EBS's activities. Outside storage is specifically prohibited without the advance written consent of the Hearn and the City. F. Maintenance of the Facility in good and clean condition. G. Compliance with all governmental laws, ordinances and regulations that apply to the business operations on the Facility. H. Securing the prior written consent of the City for any alterations, additions, or improvements to the Facility. EBS acknowledges and agrees that all improvements, alterations, additions and fixtures which are made or installed in or on the Facility shall remain upon and be surrendered with the Facility upon any termination of this Agreement, unless the City or Hearn requests their removal, in which event EBS shall remove them and restore the Facility at EBS's expense. All improvements which can be disassembled and moved to another location (i.e. paint booths) shall be removed by EBS upon expiration or within 15 days of any termination of this Agreement. C:\Corel\WPDOCS\REALPROP\EBS revised sublease.wpd 2