15 - Airport Management Contract and Flight Based Operator (FBO) Agreement

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Fire Department. Air Crash and Rescue Services shall be required in the absence of City Fire and Rescue personnel. Should City Fire and Rescue unit(s) be available on the scene, OPERATOR shall be required to make themselves available for assistance if requested. Article 4: TERM OF AGREEMENT I. The initial term of this Agreement shall be for a period of five (5) years, commencing on January 1, 2019, and ending on December 31, 2023. 2. OPERATOR shall have the option to extend this agreement for a five (5) year period at the expiration of the initial term. OPERATOR shall notify CITY at least ninety (90) days prior to the expiration of the initial term of its desire for an extension. Upon OPERATOR's notice for extension the rental payment amount shall become negotiable for the extension term. Article 5: DISPUTE RESOLUTION 1. Should OPERATOR default in, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein contained, notice thereof shall be given in writing to OPERATOR by the City Manager or his/her designee, giving OPERATOR thirty (30) days to correct such discrepancy, and in the event such default, failure or refusal is not corrected within the thirty day period, a second notice in writing by certified mail, affording a hearing before the Airport Advisory Board on a date certain shall be given to OPERATOR by the City Manager or his/her designee. After affording OPERATOR such hearing the Airport Advisory Board shall recommend to the City Council that the lease continue or be terminated, and thereafter the City Council shall take such action as it deems necessary and appropriate. 2. The controlling law and venue for any dispute that should arise out of this agreement shall be that of Lamar County, Texas. Article 6: MISCELLANEOUS PROVISIONS 1. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other acts extending such authority have been duly passed and are now in full force and effect. 2. This Agreement represents the entire and integrated agreement between CITY and OPERATOR and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and OPERATOR.