August 20, 2013 Agenda packet

City Council Agenda Page 1 of 5 August 20, 2013
NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, August 20, 2013
McNease Convention Center, South Meeting Room
500 Rio Concho Drive
San Angelo, TX 76903
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 210, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.
City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!
I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Proclamation
“West Texas Lighthouse for the Blind”, Tuesday, August 27, 2013, to be accepted by Dave Wells,
Executive Director
D. Recognitions
2013 State Games of America participant Seth Demere, San Angelo Recreation Track Club, Wins 16U
Pole Vault in Hershey, Pennsylvania competition
2013 Corpus Christi Games of Texas Participants: Bailey Kinney, Broke the State 800 Meter Record 12U
2012, and places 2nd
in 14U 800 Meter Run; Zac Cabrera, 2nd
place in the 16U 1600 Meter Run; Jessica
Simon, 2nd
14U 800 Meter & 1600 Meter Run; and Hagen Stoute, 3rd
Place in 16U Pole Vault
E. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
On public hearing items, public input will be received on each item immediately following the Council
discussion and prior to any action on the item. Each member of the public should make their remarks
from the podium and begin by stating their name. Remarks by each citizen will be limited to three to five
minutes, unless waived by a council member for all speaking on that matter. No individual will be
allowed to speak more than once on any one subject until every citizen wishing to comment has done so.

II. CONSENT AGENDA
1. Consideration of approving the August 6, 2013 City Council Regular meeting minutes
2. Consideration of authorizing the City Manger to execute on behalf of the City a Concession
Agreement and all related documents with Wayne Burton d/b/a Hertz Rent A Car for a non-exclusive
license to operate an automobile rental service at the San Angelo Regional Airport-Mathis Field
(submitted by Airport Director Luis Elguezabal)
3. Consideration of adopting Resolution amending authorized representatives for Texpool, an Investment
Service for Public Funds (submitted by Chief Accountant Jaime Guerrero)
4. Consideration of approving Special Recreational Lease Agreement for 0.117 acres of land (Bell)
located adjacent to the lake or river and authorizing the City Manager or Water Utilities Director to
execute the same (submitted by Water Utilities Director Ricky Dickson)
5. Consideration of adopting a Resolution authorizing the city manager to execute an acceptance, on
behalf of the City of San Angelo, Texas, of a special dedication deed, the Howard College at San
Angelo Foundation, Grantor, relating to certain real property being 0.26 acre tract of land located in
the City of San Angelo, Tom Green County, Texas, at or about Smith Boulevard in northeast San
Angelo, for purposes of grantor constructing and dedicating a public motor vehicle access and turn
around to the Howard College campus necessary for grantor’s further development of adjacent
campus property; and, finding a public purpose and benefit therein (submitted by Interim Director of
Development Services AJ Fawver)
6. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (Presentation by Interim Senior
Planner Jeff Hintz)
Z13-23: Earl and Michelle Weber
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 3862 Tractor Trail, located at the northwest corner of the
intersection of Tractor Trail and Porter Henderson Drive. This property specifically occupies the Paul
Gregory Addition, Section 2, 5.33 acres of Tract J & 0.310 acres in Smith Boulevard, in northeast San
Angelo, changing the zoning classification from Ranch & Estate (R&E) to Light Manufacturing
District (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
7. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Interim Senior
Planner Jeff Hintz)
Z 13-22: M&H Mueller
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
FOLLOWING PROPERTY, TO WIT: 3172 McGill Boulevard & 3733 North US Highway 67,
collectively occupying both a 5.131 acre tract and a 55.1830 acre tract located west of North US
Highway 67, north of Paulann Boulevard and east of Smith Boulevard; more specifically occupying
5.131 acres of the J. Pointevent Survey 1113, Abstract 4873, and 55.1830 acres of the J. Fenner
Survey 0001, Abstract 4985, in northeast San Angelo, changing the zoning classification from a
General Commercial (CG) to a Light Manufacturing (ML) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY

III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open:
• Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding 1)
Lake Nasworthy Lease Lots, 2) Lake Nasworthy property, and 3) Red Arroyo Hills Addition, 4)
West Texas Water Partnership, and 5) lease of City owned property in the downtown area
• Section 551.074(a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of the City Manager
G. PUBLIC HEARING AND COMMENT
8. Consideration and possible action regarding a revision to the City of San Angelo Development
Corporation Guidelines for Job Creation Assistance regarding Eligibility of Applicants
(Requested by Mayor Morrison and presentation by Interim Economic Development Director Bob
Schneeman)
9. Discussion and possible action on prohibiting fireworks at Twin Buttes Reservoir
(Requested by Councilmember Fleming)
10. Discussion and possible action concerning a 3.8 acre tract of land located on the Loop 306 frontage
road and owned by the West Texas Christian Foundation, aka Christian Village property
(Requested by Councilmember Wardlaw)
11. Consideration of authorizing staff to negotiate an agreement, in substantially the attached form, with
artist Raul R. Ruiz to design, create, and install a bronze sculpture depicting a policeman together with
a child to be installed on the outdoor premises of the headquarters building of the San Angelo Police
Department at 401 East Beauregard, San Angelo, Texas, in an amount not to exceed $100,000.00, and
authorizing the City Manager to execute an agreement between the City of San Angelo and Raul R.
Ruiz
(Presentation by Police Chief Tim Vasquez)
12. Discussion and consideration of matters related to the Fiscal Year 2013-2014 Budget including:
a. First Public Hearing of a proposed property tax levy for the City of San Angelo for the 2013 tax
year;
b. First Public Hearing and consideration of introducing an Ordinance of the City of San Angelo
approving and adopting the FY 2014 Budget and related matters
AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING
SEPTEMBER 30, 2014; ADOPTING EMPLOYEE COMPENSATION SCHEDULES;
PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE
CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED;
RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2012-2013 FISCAL
YEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING
UNTO THE CITY COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND
OR MAKE CHANGES IN THE BUDGET FOR MUNICIPAL PURPOSES; PROVIDING
AUTHORITY FOR THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN
ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED ALLOCATIONS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR CERTAIN

GRANTS AND EXECUTE ANY RELATED DOCUMENTS; AND, PROVIDING FOR FILING
OF THE BUDGET
c. Consideration of conducting a separate record vote to ratify the property tax increase of 2.52% as
reflected in the newly adopted budget and place the adoption of this tax rate increase on the agenda
for the September 3, 2013 regular meeting of the City Council as an action item, and any action in
connection thereto
(Presentation by Budget Manager Morgan Chegwidden)
13. Consideration of prioritizing additional improvements to the River Project with remaining dedicated
funds for the project
(Presentation by Parks and Recreation Director Carl White)
14. Discussion and possible direction on items related to the City's authority within the Extra-Territorial
Jurisdiction (ETJ)
(Requested by Councilmember Self and presentation by Interim Director of Development Services AJ
Fawver)
15. Discussion and possible action regarding excess Hotel Occupancy Tax receipts
(Presentation by Finance Director Tina Bunnell)
16. First Public Hearing and consideration of introducing an Ordinance amending the 2012-2013 Budget
for new projects and incomplete projects
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR
NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS
(Presentation by Budget Analyst Laura Brooks)
17. First Public Hearing and consideration of introducing an Ordinance amending established boundaries
of Single Member District 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS
AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER
6 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID
DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS;
AND PROVIDING FOR AN EFFECTIVE DATE
(Presentation by City Clerk Alicia Ramirez)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
18. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
19. Consideration of approving various Board nominations by Council and designated Councilmembers:
a. Ft. Concho Museum Board: Darrin Fentress (SMD3) to a 1st
full term January 2016
b. Water Advisory Board: Paul Alexander (SMD3) to an unexpired term September 2013
20. Announcements and consideration of Future Agenda Items
21. Consideration of the October 21, 2103 City Council meeting and any action in connection thereto
22. EVENING MEETINGS: Beginning October 1, 2013, the City Council will conduct an evening
meeting at 6:00 P.M. once per quarter. Tentative meeting dates: October 1, 2013, January 7, 2014,
April 1, 2014, and July 1, 2014
23. Adjournment
The City Council reserves the right to consider business out of the posted order, and at any time during the

meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which
are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551
of the Texas Government Code.
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Wednesday, August 14, 2013, at 5:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk

P R O C L A M A T I O N
WHEREAS, the West Texas Lighthouse for the Blind is a community-based
nonprofit organization providing employment opportunities to
people who are blind or visually impaired in San Angelo and 40
West Texas counties; and
WHEREAS, the West Texas Lighthouse for the Blind provides a safe place to
work, on the job training, competitive wages and benefits to the
visually impaired, so they can gain independence and a better
quality of life; and
WHEREAS, the West Texas Lighthouse for the Blind provides on-time goods and
services at a competitive price to the State of Texas and the Federal
Government; and
WHEREAS, in San Angelo, Texas, the West Texas Lighthouse for the Blind
provides employment opportunities and training to 38 people who
are blind or visually impaired; and
WHEREAS, San Angelo, Texas recognizes the important contribution and
mission of “creating jobs and changing lives” of the West Texas
Lighthouse for the Blind to San Angelo, Texas and its citizens.
NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on
behalf of the City Council, do hereby proclaim the week of August 26 through 30, 2013
as
“West Texas Lighthouse Services Week”
to recognize the staff and employees of the West Texas Lighthouse for the their
contribution to our community for these past 50 years and to wish them many more
years of success for their endeavors.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City to
be affixed this 20th
day of August, 2013.
THE CITY OF SAN ANGELO
___________________________

SPECIAL RECOGNITION
WHEREAS, The State Games of America was held July 31-August 4,
2013 in Hershey, PA and was attended by Seth Demere
of the San Angelo Recreation Track Club; and
WHEREAS, Seth qualified to particicpate in this competition by
placing in the top 3 in his age division for the 16-under
pole valut competition in last years Texas Amateur
Athletic Federation’s Summer Games of Texas, and
WHEREAS, Seth was able to bring home a gold medal for his
exemplary performance in the Pole Vault competition at
the State Games of America, Hershey, PA; Seth faced
fierce competition from athletes across the nation.
NOW THEREFORE, I, Dawin Morrison, Mayor of the City of San Angelo,
on behalf of the City Council, do hereby recognize and sincerely applaud the
outstanding athletic ability of SETH DEMERE.
IN WITNESS WHEREOF, I
have hereunto set my hand and
caused the Seal of the City to be
affixed on this 20TH
day of
August, 2013.
__________________________
DWAIN MORRISON, MAYOR

SPECIAL RECOGNITION
WHEREAS, The Texas Amateur Athletic Federation 2013 Games of Texas
State Track Meet was held July 25-28, 2013, in Corpus Christi,
Texas and was attended by Hagen Stout, Jessica Simon, Bailey
Kinney, and Zac Cabrera of the San Angelo Recreation Track
Club; and
WHEREAS, The TAAF Summer Games of Texas is the largest amateur
athletic event held in Texas and these individuals performed
commendably.
WHEREAS, Hagen Stout brought home the bronze in 16-under pole vault;
Jessica Simon brought home the silver in the 12-under 1600
meter run;
Bailey Kinney brought home the silver in the 14-under girls 800
meter run and set the State Record for the 12-under girls 800
meter run in the 2012 Games; and
Zac Cabrera brought home the silver in the boys 16-under 1600
meter run.
NOW THEREFORE, I, Dawin Morrison, Mayor of the City of San Angelo, on
behalf of the City Council, do hereby recognize and sincerely applaud the
outstanding athletic ability of HAGEN STOUT, JESSICA SIMON, BAILEY
KINNEY, AND ZAC CABRERA.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the City to be affixed on this
20TH
day of August, 2013.
__________________________
DWAIN MORRISON, MAYOR

City of San Angelo
Memo
Date: June 25, 2013
To: Mayor and Councilmembers
From: Luis Elguezabal, A.A.E., Airport Director
Subject: Agenda Item for August 6, 2013 Council Meeting
Contact: Bryan Kendrick, Airport 325.659.6409 ext 1010
Caption: CONSENT
Consideration of authorizing the City Manger to execute on behalf of the City a
Concession Agreement and all related documents with Wayne Burton d/b/a Hertz
Rent A Car for a non-exclusive license to operate an automobile rental service at
the San Angelo Regional Airport-Mathis Field
Summary: This Concession Agreement is for a term of three (5) years beginning
September 1, 2012, and expiring August 31, 2017.
Financial Impact: Concessionaire agrees to pay to Lessor, for use of the demised premises and for the
rights and privileges granted herein, a minimum guarantee of TWELVE THOUSAND
DOLLARS ($12,000.00) a year or an amount equal to ten percent (10.0%) of
Concessionaire's annual gross receipts, as defined herein, which are derived from its
operation of automobile rental service at the Airport, whichever is greater
Related Vision Item
(if applicable):
None
Other Information/
Recommendation:
Staff recommends approval
Attachments: DRAFT Contract
Presentation: None
Publication: None
Reviewed by
Director:
Luis Elguezabal, A.A.E., Airport, 06-25-13
Approved by Legal: Submitted to City Attorney for Approval

CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT (hereinafter referred to as “Agreement”) is made
and entered into by and between the CITY OF SAN ANGELO, a Texas home-rule municipal
corporation under the laws of the State of Texas, acting by and through its duly authorized City
Manager (hereinafter referred to as "Lessor"), and WAYNE BURTON dba HERTZ RENT-A-
CAR, with its principal office at 8618 Terminal Circle, Suite102, San Angelo, Texas 76904
(hereinafter referred to as "Concessionaire" or “Lessee”).
Lessor owns and operates the San Angelo Regional Airport-Mathis Field, located in Tom
Green County, Texas (hereinafter called the "Airport"), and Concessionaire is engaged in an
operation to supply an adequate number of late-model automobiles that are in good mechanical
condition and appearance for the operation of an automobile rental business at Airport at rates
comparable to those generally prevailing in the San Angelo area. Because ground transportation
is an essential service to Airport passengers and to other patrons of the Airport, it is the intent
and desire of Lessor that air passengers have available to them, twenty-four (24) hours a day,
seven days a week, a choice of various ground transportation services, any one of which they
shall have the right to select and use, including the automobile rental business operated and
conducted by Concessionaire.
For and in consideration of the premises and of the mutual terms, conditions and
covenants of this Agreement, and other valuable consideration, Lessor does hereby demise and
let unto Concessionaire, and Concessionaire does hereby lease and accept from Lessor, certain
Airport property, together with improvements thereon (hereinafter called "demised premises"),
and certain attendant privileges, uses and rights, as follows:
1. PREMISES AND PRIVILEGES
1.1 DESCRIPTION OF DEMISED PREMISES. The premises conveyed by this
Concession Agreement shall be as follows:
1.1.1 Counter areas in the terminal building, as shown on the terminal building
floor plan, which is available for review in the office of the Airport
Director; and
1.1.2 Ready car and return car check-in parking positions, which shall be
assigned and designated by the Airport Director. Lessor reserves the right
to change the location and number of allocated spaces. It is further agreed
that the passenger terminal parking lot will not be used for rental
automobile or employee parking and Lessor may withdraw ready car
spaces on a one-for-one basis for each rental or employee automobile that
is observed in the public parking lot.
1.2 DESCRIPTION OF PRIVILEGES, USES AND RIGHTS. Lessor hereby grants
to Concessionaire the following privileges, uses and rights, all of which shall be
subject to the terms, conditions and covenants hereinafter set forth:

1.2.1 The right, non-exclusive license and privilege to operate an automobile
rental service at the Airport for the purpose of renting automobiles to
airline passengers and such other persons who may request such service at
the Airport;
1.2.2 The right of ingress to and egress from the demised premises over and
across public roadways serving the passenger terminal building by
Concessionaire, its agents and servants, patrons and invitees, suppliers of
services and furnishers of material;
1.2.3 The right, at Concessionaire's sole expense, to install and thereafter
operate and maintain signs advertising Concessionaire's business on
demised premises, and at such other place or places in or upon the Airport
as may be mutually agreed upon by the parties hereto in compliance with
the Sign Ordinance, Chapter 12, Article 12.600 et seq. of the Code of
Ordinances of the City of San Angelo, Texas;
1.2.4 The right, upon any termination of this Agreement, and within a ten (10)
day period thereafter, to remove such items, equipment, trade fixtures, and
other non-attached improvements as may have been installed in or upon
the demised premises by the Concessionaire.
2. TERM
2.1 TERM. This Concession Agreement is for a term of five (5) years beginning
September 1, 2013, and expiring August 31, 2018.
2.2 HOLDOVER. Any holding over by Concessionaire of the demised premises after
expiration of this Agreement shall be construed only as a tenancy from month to
month, with privileges and obligations of parties extended from month to month,
terminable at the will of Lessor. During this period, rent shall be in accordance
with paragraph 3.1.
3. RENT
3.1 AMOUNT. For the period from September 1, 2013, through August 31, 2018,
Concessionaire agrees to pay to Lessor, for use of the demised premises and for
the rights and privileges granted herein, a minimum guarantee of TWELVE
THOUSAND DOLLARS ($12,000.00) a year or an amount equal to ten percent
(10.0%) of Concessionaire's annual gross receipts, as defined herein, which are
derived from its operation of automobile rental service at the Airport, whichever
is greater. Payment of the gross receipt percentage or minimum guarantee,
whichever is greater, shall be made monthly, prorated, on or before the 12th day
of each month from and after commencement of operations hereunder. A
verifiable report of all gross receipts derived from the business transacted by
Concessionaire at the Airport during the preceding calendar month shall be
submitted on forms acceptable to Lessor and shall be accompanied by payment to
the Lessor of one twelfth (1/12) of the guaranteed annual minimum, to wit: ONE

THOUSAND AND NO/100 DOLLARS ($1,000.00), or ten percent (10.0%) of
the monthly gross receipts for the preceding calendar month, whichever amount is
greater. The term "gross receipts", as used herein, shall mean and include time
and mileage charges paid or payable to Concessionaire for rental of automobiles,
whether received by cash or credit, regardless of when, where or through whom
the order is received, including all revenue derived by Concessionaire arising out
of or in connection with Concessionaire's operation at the Airport. The following
items shall be excluded:
3.1.1 Charges to customers for refueling a vehicle when the customer is
obligated to return the vehicle with the same amount of fuel furnished;
3.1.2 Charges for collision damage waiver, personal accident insurance and
personal effects coverage;
3.1.3 Refundable deposits except those forfeited and claimed by the
Concessionaire in lieu of rental charges;
3.1.4 Collections from customers or insurers for vehicle damage and repair;
3.1.5 Any federal, state or local taxes which are separately stated and collected
by the Concessionaire; however, no deductions from gross receipts shall
be allowed from taxes levied on concession activities, equipment or real or
personal property of Concessionaire; and
3.1.6 Receipts from the sale of vehicles previously used in Concessionaire's
rental fleet.
3.2 PLACE OF PAYMENT. All fees and rentals shall be delivered to Lessor at:
City of San Angelo Airport, 8618 Terminal Circle, Suite 101, San Angelo, Texas
76904, Attention: Airport Director.
3.3 LATE FEES. Concessionaire shall pay to Lessor a late fee as provided by
Chapter 1, Article 1.800, Section 1.802, and Appendix A, Article 10.00, Section
10.200 of the Code of Ordinances of the City of San Angelo, for any fee or rent
not fully paid when due.
3.4 ABATEMENT OF MINIMUM ANNUAL GUARANTEE. As long as
Concessionaire is not in default of any of the terms and conditions of this
Agreement, the minimum annual guarantee set forth above shall be abated on a
monthly basis to the extent, in an amount, and for a term to be set by the Airport
Advisory Board of the City of San Angelo at a meeting called for such purpose, if
during the term hereof, through no fault of Concessionaire, either or both of the
following conditions should occur:
3.4.1 The number of monthly passengers deplaning in a particular month on
scheduled airline flights at the Airport shall be less than seventy-five
percent (75%) of the number of deplaning passengers as compared with

the monthly average of deplaned passengers for that month in the
preceding year, and/or
3.4.2 The business of Concessionaire authorized hereunder shall be affected by
shortage or other disruptions in the supply of automobiles, gasoline or
other goods necessary for the operation of Concessionaire's business
which results in a twenty-five percent (25%) or greater reduction in
monthly gross receipts of Concessionaire hereunder as compared with the
same month during the preceding calendar year.
3.5 BOOKS AND RECORDS. Concessionaire agrees that it will keep or cause to be
kept true, accurate and complete records of business conducted hereunder, and
Concessionaire further agrees that Lessor shall have the right, through its duly
authorized agents or representatives to examine all pertinent records at a
reasonable time, for the purpose of auditing to determine the accuracy thereof.
4. SPECIAL CONDITIONS. This Agreement is entered into subject to the following
conditions which are accepted and agreed to by Concessionaire:
4.1 PREMISES
4.1.1 The demised premises have been examined by Concessionaire, and are
accepted by Concessionaire “AS IS” and WITHOUT EXPRESS OR
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE. Concessionaire is familiar with the demised premises and
Airport facilities and deems them as suitable for the purpose for operating
an automobile rental service.
4.1.2 The right to use the public Airport facilities is shared in common with
others, and shall be used subject to all laws, rules, and regulations of the
United States, the State of Texas, and the City of San Angelo, now in
existence or hereafter enacted.
4.1.3 The right to operate an automobile rental service on Airport premises
granted herein is non-exclusive. Lessor shall have the right to deal with
and perfect arrangements with any other individual, company or
corporation for engaging in like activity on Airport premises subject to
substantially the same conditions and terms binding Concessionaire
herein.
4.1.4 The premises demised to Concessionaire shall remain open for such
periods during each day and such days during each week as may be
necessary to meet reasonable demands for said services. Concessionaire
may install on the demised premises or at such other places as the parties
may agree upon, a direct telephone line for the purpose of supplying
automobile rental service to airport patrons during the periods when the
airport terminal facilities are closed.

4.1.5 Concessionaire shall permit the installation on its demised premises of the
Airport public address system and the reception thereon of flight
announcements and other information if Lessor deems such installation
necessary.
4.2 RULES AND REGULATIONS
4.2.1 Concessionaire shall abide by and be subject to all laws and reasonable
rules and regulations which are now, or may from time to time be
formulated by Lessor concerning management, operation or use of the
Airport.
4.2.2 Concessionaire shall not discriminate against any employee or applicant
for employment because of race, color, creed, sex, age or national origin.
Concessionaire agrees to take affirmative action to ensure that applicants
are employed and that employees are tested during employment without
regard to their race, creed, color, sex, age or national origin. Such action
shall include but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation and selection for
training, including apprenticeship.
4.2.3 Concessionaire agrees to comply fully with the Americans with
Disabilities Act insofar as such act does not require construction or
alteration of the premises.
4.2.4 Concessionaire shall prohibit its agents, servants, and employees from
engaging in the solicitation of its automobile rental services on or about
the Airport in a loud, boisterous, offensive or objectionable manner. In
the event of questionable conduct in such solicitation, the Airport Director
shall be sole judge in determining if said conduct is a violation of this
paragraph; and upon notice from the Airport Director, Concessionaire
shall immediately take all steps necessary to eliminate the undesirable
condition.
4.2.5 Concessionaire, its agents, servants and employees shall maintain a
friendly and cooperative, though competitive, relationship with other
companies engaged in like business on said Airport. Concessionaire shall
not engage in open public disputes, disagreements, or conflicts which
would tend to deteriorate the quality of the automobile rental service of
Concessionaire or its competitors or which would be incompatible with
the best interest of the public at the Airport. Lessor shall have the right to
resolve all such disputes, disagreements or conflicts, and its determination
of or the manner in which Concessionaire shall thereafter operate shall be
binding upon Concessionaire.
4.3 SERVICE

4.3.1 Concessionaire shall furnish good, prompt and efficient service, adequate
to meet all reasonable demands for automobile rental service at the
Airport, on a fair and reasonable basis and charge prices for such services
in accordance with automobile rental industry standards.
4.3.2 Concessionaire shall use its best efforts to develop and increase the
business of the rental of automobiles at the Airport and will not divert or
cause or allow to be diverted any automobile rentals from its place of
business at the Airport to any other location not at the Airport.
Automobiles shall be deemed to be rented at the Airport and the rentals
thereof included in gross revenues if the automobile is delivered to the
customer at the Airport.
4.4 MAINTENANCE
4.4.1 Rental automobiles made available hereunder shall be maintained at
Concessionaire's sole expense, in good operative order, free from known
mechanical defects, and in clean, neat and attractive condition, inside and
outside.
4.4.2 Concessionaire shall, at its sole cost and expense, furnish, install, operate
and maintain the demised premises and every part thereof; and shall
maintain the furnishings, fixtures and equipment installed therein in good
safe and serviceable condition at leaset as well as the furnishings, fixtures
and equipment installed in the non-exclusive areas made available to
Concessionaire are maintained. Concessionaire shall repair all damages
caused by its employees, guests or invitees, or that otherwise result from
its operation of the automobile rental service. Concessionaire shall repaint
the demised premises as necessary to maintain its current condition or as
otherwise desirable, after obtaining prior approval of the Lessor.
4.4.3 Lessor shall be the sole judge of the quality of maintenance; and upon
written notice by Lessor to Concessionaire, Concessionaire shall perform
whatever maintenance Lessor reasonably deems necessary. If said
maintenance is not undertaken and pursued with due diligence by
Concessionaire within ten (10) days after receipt of written notice, Lessor
shall have the right to enter upon the demised premises and perform the
necessary maintenance, the cost of which shall be assessed by Lessor as
additional rent and borne by Concessionaire.
4.4.4 Upon termination of this Agreement, Concessionaire shall deliver the
demised premises in good order, condition and repair, reasonable wear
and tear excepted.
4.4.5 Concessionaire shall provide and use suitable covered metal receptacles
for all garbage, trash or other refuse. Concessionaire shall not stack, store
or keep boxes, cartons, barrels, or other similar items, in an unsightly or
unsafe manner, on or about the demised premises, or permit the same.

4.5 COSTS AND FEES
4.5.1 Concessionaire shall bear, at its own expense, all costs of operating the
concession and shall pay, in addition to rental, all other costs connected
with the use of the demised premises and facilities, including but not
limited to, maintenance, insurance, any and all taxes, all permit fees and
license fees, and assessments lawfully levied or assessed upon the
personal property and demised premises or structures and improvements
situated thereon.
4.5.2 Concessionaire shall secure, at its own expense, all permits and licenses
required by law.
4.5.3 Concessionaire shall pay and discharge all taxes, general and special
assessments, and other charges of every description which during the term
of this Agreement may be levied on or assessed against the demised
premises and all interest therein and all improvements and other property
thereon, whether belonging to Lessor or Concessionaire, or to which either
of them may become liable. Concessionaire shall pay all such taxes,
charges and assessments to the public officer charged with the collection
thereof not less than fifteen (15) days before the same shall become
delinquent, and CONCESSIONAIRE AGREES TO INDEMNIFY AND
SAVE HARMLESS LESSOR FROM ALL SUCH TAXES, CHARGES
AND ASSESSMENTS.
4.6 OTHER SALES
4.6.1 Concessionaire shall not sell or dispense petroleum products, or perform
motor vehicle repair services or related services on the Leased Premises;
provided however, upon sufficient or desirable space being deemed
available as determined by Lessor, the parties may negotiate and execute a
separate lease agreement pursuant to which Concessionaire may lease
space or facilities on the Airport premises for dispensing of petroleum
products and servicing vehicles owned or controlled by Concessionaire
that are used in conjunction with the automobile rental concession granted
hereunde.
4.6.2 Concessionaire shall neither install nor operate on the demised premises
vending machines or coin operated amusement machines or devices.
Lessor specifically reserves the right to arrange for installation of such pay
telephones as Concessionaire may require and to secure the income
therefrom.
4.6.3 Insofar as permitted by law, Concessionaire may offer trip insurance
covering, accidental loss of life, accidental injury, medical expenses, or
property damage, limited only to customers leasing Concessionaire's
vehicles and excluding air travel insurance protection.

4.6.4 Concessionaire shall not represent on the Airport premises in any fashion
any other automobile rental business, firm or affiliation. Specifically,
Concessionaire shall not by advertisement, display, telephone number,
telephone listing, contract, understanding or in any other manner represent
itself as an agent, affiliate or representative on the Airport premises of
another automobile rental business.
5. INSURANCE AND INDEMNIFICATION
5A. INSURANCE.
5.1 General Conditions. The following conditions shall apply to all insurance policies
obtained by CONCESSIONAIRE for the purpose of complying with this Agreement.
5.1.1 Satisfactory Companies. Coverage shall be maintained with insurers and
under forms of policies satisfactory to City and with insurers licensed to do
business in Texas.
5.1.2 Named Insureds. All insurance policies required herein shall be drawn in the
name of CONCESSIONAIRE, with City, its council members, board and
commission members, officials, agents, guests, invitees, consultants and
employees named as additional insureds, except on Workers’ Compensation
coverage.
5.1.3 Waiver of Subrogation. CONCESSIONAIRE shall require its insurance
carrier(s), with respect to all insurance policies, to waive all rights of
subrogation against City, its council members, board and commission
members, officials, agents, guests, invitees, consultants and employees.
Lessor shall waive all claims against CONCESSIONAIRE for damages
covered normally by Fire and Casualty damage insurance with standard
extended coverage.
5.1.4 Certificates of Insurance. At or before the time of execution of this
Agreement, CONCESSIONAIRE shall furnish City’s Risk Manager with
certificates of insurance as evidence that all of the policies required herein
are in full force and effect and provide the required coverage and limits of
insurance. All certificates of insurance shall clearly state that all applicable
requirements have been satisfied. The certificates shall provide that any
company issuing an insurance policy shall provide to City not less than thirty
(30) days advance notice in writing of cancellation, non-renewal or material
change in the policy of insurance. In addition, CONCESSIONAIRE and
insurance company shall immediately provide written notice to City’s Risk
Manager upon receipt of notice of cancellation of any insurance policy, or of
a decision to terminate or alter any insurance policy. Copies of required
endorsements will be attached to the certificates to confirm the required
endorsements are in effect. Certificates of insurance and notices of
cancellations, terminations or alterations shall be furnished to City’s Risk

Manager at City Hall, 72 West College, San Angelo, Texas 76903.
5.1.5 CONCESSIONAIRE’S Liability. The procurement of such policy of
insurance shall not be construed to be a limitation upon
CONCESSIONAIRE’S liability or as a full performance on its part of the
indemnification provisions of this Agreement. CONCESSIONAIRE’S
obligations are, notwithstanding any policy of insurance, for the full and total
amount of any damage, injury or loss caused by or attributable to its activities
conducted at, about or upon the Premises. Failure of CONCESSIONAIRE to
maintain adequate coverage shall not relieve CONCESSIONAIRE of any
contractual responsibility or obligation.
5.1.6 Sub Contractors’ Insurance. CONCESSIONAIRE shall cause each Sub
Contractor of CONCESSIONAIRE to purchase and maintain insurance of the
types and in the amounts specified below. CONCESSIONAIRE shall require
Sub Contractors to furnish copies of certificates of insurance to Lessor’s Risk
Management Department evidencing coverage for each Sub Contractor.
5.2 Types and Amounts of Insurance Required. CONCESSIONAIRE shall obtain and
continuously maintain in effect at all times during the term hereof, at
CONCESSIONAIRE’S sole expense, insurance coverage as follows with limits not
less than those set forth below:
5.2.1 Commercial General Liability or equivalent Aviation Liability. This policy
shall be an occurrence-type policy, and shall protect the
CONCESSIONAIRE and additional insureds against all claims arising from
bodily injury, sickness, disease or death of any person (other than the
CONCESSIONAIRE’S employees) and damage to property of the City or
others arising out of the act or omission of the CONCESSIONAIRE or its
agents and employees. This policy shall also include protection against
claims for the contractual liability assumed by CONCESSIONAIRE under
the paragraph of this Agreement entitled “Indemnification,” including
completed operations, products liability, contractual coverage, broad form
property coverage, explosion, collapse, underground, premises/operations,
and independent contractors (to remain in force for two years after final
payment). Coverage shall not be less than:
$ 2,000,000.00 General Aggregate
$ 1,000,000.00 Products- Completed Operations Aggregate
$ 1,000,000.00 Personal & Advertising Injury
$ 1,000,000.00 Each Occurrence
$ 500,000.00 Fire Damage (any one fire)
5.2.2 Business Automobile Liability. This policy shall be written in
comprehensive form and shall protect CONCESSIONAIRE and the
additional insureds against all claims for injuries to members of the public
and damage to property of others arising from the use of motor vehicles and
shall cover operation on and off the Premises of all motor vehicles licensed

for highway use, whether they are owned, non-owned or hired. Coverage
shall not be less than:
$ 1,000,000.00 Combined Single Limit
5.2.3 Workers’ Compensation and Employer’s Liability. If CONCESSIONAIRE
hires any employees, CONCESSIONAIRE shall maintain Workers’
Compensation and Employer’s Liability insurance, which shall protect the
CONCESSIONAIRE against all claims under applicable state workers’
compensation laws and employer’s liability. The insured shall also be
protected against claims for injury, disease or death of employees which, for
any reason, may not fall within the provisions of a workers’ compensation
law. Coverage shall not be less than:
Statutory Amount Workers’ Compensation
$ 500.000.00 Employer’s Liability, Each Accident
$ 500,000.00 Employer’s Liability, Disease - Policy
Limit
$ 500,000.00 Employer’s Liability, Disease – Each
Employee
The foregoing requirement will not be applicable if, and so long as,
CONCESSIONAIRE qualifies as a self-insurer under the rules and
regulations of the commission or agency administering the workers’
compensation program in Texas and furnishes evidence of such qualification
to Lessor in accordance with the notice provisions of this Agreement.
If CONCESSIONAIRE uses contract labor, CONCESSIONAIRE shall
require its contractor to maintain the above referenced coverage and furnish
copies of certificates of insurance as required herein.
5.2.4 Environmental Liability. This insurance shall be maintained in force for the
full period of this Contract and cover losses caused by pollution conditions
including, but not limited to, any spill, underground pollution or any other
environmental impairment. It shall apply to bodily injury; property damage,
including loss of use of damaged property or of property that has not been
physically injured; cleanup costs; including, but not limited to, any costs
required under CERCLA; and defense, including costs and expenses incurred
in the investigation, defense, or settlement of claims. If coverage is written
on a claims made basis, CONCESSIONAIRE warrants that any retroactive
date applicable to coverage under the policy precedes the effective date of
this Contract, and continuous coverage will be maintained or an extended
discovery period will be exercised for a period of two (2) years beginning
from the time the Contract has expired. Coverage shall not be less than:
$1,000,000.00 per loss
$2,000,000.00 Annual aggregate
5.B INDEMNIFICATION.

CONCESSIONAIRE AGREES TO INDEMNIFY, DEFEND, REIMBURSE AND
HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION
MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND
EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL
CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS,
PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND
EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING
AGENTS OR EMPLOYEES OF CONCESSIONAIRE OR CITY, BY REASON OF
DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY,
RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW
OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF
COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONCESSIONAIRE,
ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF
CONCESSIONAIRE AND ANY OTHER ENTITY, AS A CONSEQUENCE OF
ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENT OR
SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING
CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY
CONCESSIONAIRE HEREUNDER. THIS INDEMNIFICATION SHALL
SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY
COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE
CONCESSIONAIRE TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY
INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
6. DAMAGE OR DESTRUCTION OF PREMISES
6.1 If the demised premises are partially damaged by fire, explosion, the elements,
public enemy, or other casualty, but not rendered untenantable, the same will be
repaired with due diligence by Lessor at its own cost and expense.
6.2 If the damage shall be so extensive as to render such premises untenantable, but
capable of being repaired in thirty (30) days, the same shall be repaired with due
diligence by Lessor at its own cost and expense and the rent payable herein shall
be paid proportionately to the time of such damage and thereafter cease until such
time as the premises are again tenantable.
6.3 In the event said premises are completely destroyed by fire, explosion, the
elements, public enemy or other casualty, or so damaged that they will remain
untenantable for more than thirty (30) days, Lessor shall be under no obligation to
repair and reconstruct the premises, and rent payable hereunder shall be paid
proportionately to the time of such damage or destruction and shall thereafter
cease until such time as the premises may be fully restored. If within twelve (12)
months after the time of such damage or destruction said demised premises shall
not have been repaired or reconstructed, Concessionaire may give Lessor written
notice of its intention to terminate this Agreement effective from the date of such
damage or destruction.

7. TERMINATION OF AGREEMENT, CANCELLATION, ASSIGNMENT AND
TRANSFER
7.1 TERMINATION. This Agreement shall terminate at the end of the full term or
any extension thereof, at which time Concessionaire shall have no further right or
interest in any of the Premises, lands, areas, or improvements hereby demised,
and the rights, privileges and license granted Concessionaire hereunder shall
expire,
7.2 CANCELLATION BY CONCESSIONAIRE. This Agreement shall be subject to
cancellation by Concessionaire on the occurrence of one or more of the following
events:
7.2.1 The permanent abandonment of the Airport as an air terminal;
7.2.2 The lawful assumption by the United States government or any authorized
agency thereof, of the operation, control, or use of the Airport, or any
substantial part or parts thereof, in such a manner as to substantially
restrict Concessionaire for a period of at least ninety (90) days from
operation thereon;
7.2.3 Issuance, by any court of competent jurisdiction, of an injunction in any
way preventing or restraining the use of the Airport for commercial airline
passenger travel for a period of at least ninety (90) days;
7.2.4 The default by Lessor in the performance of any covenant or agreement
herein required to be performed by Lessor and the failure of Lessor to
remedy such default for a period of sixty (60) days after receipt from
Concessionaire of written notice to remedy the same; or
7.2.5 The complete destruction of the demised premises as outlined in Article 6.
7.3 CANCELLATION BY LESSOR. This Agreement shall be subject to immediate
cancellation by Lessor in the event Concessionaire shall:
7.3.1 Be in arrears in the payment of the whole or any part of the amounts
agreed upon in Article 3 for a period of seven (7) days after receipt of
written notice from Lessor of such arrearage;
7.3.2 Abandon the demised premises by Concessionaire;
7.3.3 Default in the performance of any of the covenants and conditions
required herein (except rental payments) to be kept and performed by
Concessionaire, and such default continues for a period of thirty (30) days
after receipt of written notice from Lessor of said default; or
7.3.4 Be adjudged by Lessor of intent to deprive the Lessor of rental payments
due and payable under this Agreement or be guilty of repeated or

continued violations of the covenants and conditions required herein to be
kept and performed by Concessionaire.
7.4 RE-ENTRY BY LESSOR AND COVENANT NOT TO SUE. Upon termination
of this Agreement, Lessor may re-enter and take immediate possession of the
demised premises and remove Concessionaire’s fixtures, equipment or effects,
with or without process of law, without being deemed guilty of trespass. Lessor
shall not be liable for any damages by reason of such re-entry or disposition of
Concessionaire’s property. Concessionaire, on behalf of itself, its parents,
subsidiaries, divisions, related companies, affiliated companies, licensees,
independent contractors, assigns or other business related entities hereby
unconditionally and irrevocably covenants to refrain from making any claim or
demand or from commencing, causing, or permitting to be prosecuted any action
in law or equity, against Lessor, or Lessor’s council members, board and
commission members, officials, agents, contractors or employees relating directly
or indirectly to Lessor’s re-entry upon the demised premises upon termination of
this Agreement and Lessor’s taking possession of the demised premises as
provided under this Part 7 “TERMINATION OF AGREEMENT,
CANCELLATION, ASSIGNMENT AND TRANSFER”, to and including the
removal and or disposal of Concessionaire’s personal property equipment and
fixtures in Lessor’s discretion.
7.5 POSSESSION. Concessionaire agrees at the expiration or termination of this
Agreement to deliver possession peacefully to the Lessor or its agents or
employees; and if it fails to give peaceful possession, Lessor may take forceful
possession of demised premises and eject all parties therefrom without being
guilty of trespass; all resulting damages are hereby waived by Concessionaire,
and Concessionaire covenants not to claim or sue as hereinabove provided at
subparagraph 7.4 “ENTRY BY LESSOR AND COVENANT NOT TO SUE”.
7.6 OTHER REMEDIES. Any termination of this Agreement arising from
Concessionaire's default shall not relieve Concessionaire from the payment of any
sum or sums that are due and payable to Lessor under this Agreement, or any
claim for damages then or thereafter accruing against Concessionaire under this
Agreement. Any such termination shall not prevent Lessor from enforcing the
payment of any such sum or sums or claim for damages by any remedy provided
for by law or from recovering damages from Concessionaire for any default under
this Agreement. All rights, options, and remedies of Lessor contained in this
Agreement or otherwise shall be construed and held to be cumulative, and no one
of them shall be exclusive of the other; and Lessor shall have the right to pursue
any one or all of such remedies or any other remedy or relief which may be
provided by law, whether or not stated in this Agreement. No waiver by Lessor
of a breach of any of the covenants, conditions, or restrictions of this Agreement
shall be construed or held to be a waiver of any succeeding or preceding breach of
the same or any other covenant, condition or restriction contained in this
Agreement.

7.7 REMOVAL OF IMPROVEMENTS. All equipment, machinery, trade fixtures
and other non-attached improvements installed on the demised premises by
Concessionaire shall remain the property of Concessionaire and may be removed
at the termination of this Agreement, provided Concessionaire is not then in
default in the performance of any of its obligations or covenants herein contained,
and provided further that such removal will do no damage to the realty upon
which such items are situated. It is understood and agreed, however, that
improvements shall be held by the Lessor until all rentals due Lessor by
Concessionaire shall have been paid, and should any amount remain unpaid for
more than thirty (30) days after termination of this Agreement, the Lessor shall
have the right to sell such improvements and apply the proceeds to the amount
due Lessor, with interest at the annual rate of ten percent (10%), and to any costs
incident to the sale, and to pay the balance remaining, if any, to Concessionaire.
All property remaining on the demised premises after the expiration of thirty (30)
days following the termination of this Agreement, however terminated, shall be
deemed abandoned by Concessionaire and shall become the property of Lessor.
7.8 ASSIGNMENT AND TRANSFER. Concessionaire shall not assign, transfer, or
sublease this Agreement or the rights or demised premises hereunder without the
prior written approval of Lessor. Unless acknowledged and approved in writing
by the Lessor, any change in the controlling interest of corporate stock ownership
of Concessionaire or its parent company shall constitute grounds for immediate
termination of this Agreement by Lessor.
8. COOPERATION UPON TERMINATION
8.1 Upon the termination of this Agreement, through passage of time or otherwise,
Concessionaire shall facilitate Lessor in all reasonable ways in continuing the
operation of said automobile rental service on the Airport without interruption.
8.2 Concessionaire further agrees to sell any or all of the Concessionaire’s furniture,
furnishings, fixtures and equipment installed or used upon said demised premises
to Lessor should Lessor notify Concessionaire in writing ten (10) days before
such termination date that it desires to purchase any or all of said furniture,
furnishings, fixtures and equipment; and the purchase price shall be the fair
market value of such items at the date of such termination. If the parties are
unable to agree upon the fair market value, each party shall then appoint an
appraiser; the two so appointed shall name a third appraiser; and the three
appraisers so named shall determine the fair market value of such items, which
determination shall be final and binding upon both parties hereto.
9. GENERAL PROVISIONS
9.1 CONFLICT BETWEEN CONCESSIONS. In the event of a conflict between
Concessionaire and any other lessee or concessionaire in the Airport terminal
building as to the services to be sold by respective concessionaires or lessees,
Lessor shall decide which services may be sold by each concessionaire or lessee
and Concessionaire agrees to be bound by such decision.

9.2 INSPECTION. Lessor, by its officers, employees, agents and representatives,
shall have the right at all reasonable times to enter upon the demised premises for
the purpose of inspecting same, for observing the performance by Concessionaire
of its obligations hereunder, and for the doing of any act which Lessor may be
obligated or have the right to do under this Agreement.
9.3 ATTORNEY'S FEES. In the event any action, suit or proceeding is brought to
collect the rentals and fees, (or any portion thereof) due or to become due
hereunder; to take possession of said concession space; to enforce compliance
with this Agreement; or for failure to observe any of the covenants of this
Agreement, Concessionaire shall pay Lessor such sum as the court may adjudge
reasonable for attorney's fees to be allowed in said suit, action or proceeding.
9.4 RELATIONSHIP OF PARTIES. It is understood and agreed that nothing herein
contained is intended or should be construed as creating or establishing a
relationship of agency, co-partnership or joint venture between the parties hereto,
or as appointing or designating the Concessionaire as the agent, representative or
employee of the Lessor for any purpose or in any manner whatsoever.
Concessionaire is to be and shall remain an independent contractor with respect to
all services performed hereunder.
9.5 NO WAIVER. Failure of Lessor to insist in any instance upon a strict
performance by Concessionaire of any of the provisions or terms of this
Agreement shall not be considered as a waiver or relinquishment thereof for
the future. No waiver by Lessor of any of the provisions or terms of this
Agreement shall be deemed to have been made in any instance unless
expressed in the form of a resolution by the City Council.
9.6 QUIET ENJOYMENT. Lessor agrees that Concessionaire, upon payment of rent
and all other charges and upon observation of all of the terms and conditions of
this Agreement, shall lawfully and quietly hold, occupy, and enjoy the demised
premises during the full term of this Agreement without hindrance from Lessor or
anyone claiming by, through or under Lessor, subject, however, to Concessionaire
holding and enjoying said premises under conditions which may reasonably be
anticipated in connection with the operation of aircraft or an airport.
9.7 INVALID OR ILLEGAL PROVISIONS. If any one or more provisions of this
Agreement are for any reason held to be invalid, illegal or unenforceable in any
respect, the invalidity, illegality or unenforceability will not affect any other
provision of the Agreement, which will be construed as if it had not included the
invalid, illegal or unenforceable provision.
9.8 PARAGRAPH HEADINGS. The paragraph headings contained herein are for
convenience and reference and are not intended to define, extend or limit the
scope of any provision of this Agreement.

9.9 NOTICES. Any notice required or permitted under this Agreement shall be
deemed sufficiently given if it is in writing and personally delivered, sent by
overnight express delivery service or deposited in the United States mail, postage
prepaid and sent by registered or certified mail (return receipt requested) to the
party to which said notice is to be given. Notices delivered in person, or by
overnight express delivery service, shall be deemed to be served effective as of
the date the notice is delivered. Notices sent by registered or certified mail
(return receipt requested) shall be deemed to be served seventy-two (72) hours
after the date said notice is postmarked to the addressee, postage prepaid.
Until changed by written notice given by one party to the other, the addresses of
the parties shall be as follows:
LESSOR: CITY OF SAN ANGELO
San Angelo Municipal Airport
Attn: Airport Director
8618 Terminal Circle, Suite 101
San Angelo, Texas 76904
With copies to: City Attorney’s Office
72 W. College
CONCESSIONAIRE:WAYNE BURTON dba HERTZ RENT-A-CAR
Attn: Wayne Burton
8618 Terminal Circle, Ste. 102
9.10 SUBORDINATION. This Agreement shall be subordinate to the provisions of
any existing or future agreement between Lessor and the United States relative to
the operation or maintenance of the Airport.
9.11 SUCCESSORS AND ASSIGNS. All of the terms, covenants and agreements
herein contained shall be binding upon and shall inure to the benefit of successors
and assigns, provided Concessionaire has previously received written approval
from Lessor in accordance with Paragraph 7.8 herein, to assign, transfer or
sublease its rights and demised premises.
9.12 AMENDMENT. No amendment, modification or alteration of the terms hereof
shall be binding unless the same be in writing, dated subsequent to the date hereof
and duly executed by the parties hereto or their respective successors or legal
representatives.
9.13 VENUE. This Agreement is governed by the laws of the State of Texas. Venue for
any suit or claim or cause of action arising out of or related to this Agreement shall
be in Tom Green County, Texas.
9.14 SURVIVAL OF REMEDIES. The provisions relating to keeping of books and

records, audit by Lessor, insurance, indemnity, hold harmless, re-entry by Lessor,
cooperation of Concessionaire upon termination and applicable law and venue shall
survive the expiration or termination of this Agreement to the extent needed to
enable the Parties to pursue the remedies and benefits provided for in those
provisions.
9.15 ENTIRE AGREEMENT. This Agreement constitutes and contains the entire
agreement between the parties hereto. Any oral representations or modifications
hereinbefore or hereinafter made concerning this Agreement shall be of no force
and effect, provided however, that this Agreement may be amended by the parties

as provided herein.
EXECUTED in duplicate originals on this the ____ day of _____________, 2013.
LESSOR
CITY OF SAN ANGELO, Texas
ATTEST: By: _______________________________
Daniel Valenzuela, City Manager
_____________________________
Alicia Ramirez, City Clerk
THE STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the ______ day of _______________, 2013,
by DANIEL VALENZUELA, City Manager of the CITY OF SAN ANGELO, a Texas home
rule municipal corporation, on behalf of said corporation.
___________________________________
Notary Public, State of Texas
CONCESSIONAIRE / LESSEE:
WAYNE BURTON dba HERTZ RENT-A-CAR
By: ______________________________
Wayne Burton
THE STATE OF TEXAS §
This instrument was acknowledged before me on the ______ day of ____________, 2012, by
Wayne Burton.
__________________________________

Approved as to Content Approved as to Form
___________________________ __________________________________
Luis Elguezabal, Airport Director Dan T. Saluri, Sr. Assistant City Attorney

City of San Angelo
Memo
Date: July 30, 2013
From: Tina Bunnell, CPA, Finance Director
Subject: Agenda Item for August 20, 2013 Council Meeting
Contact: Jaime Guerrero, Accounting, 325-481-2649 ext 1230
Caption: Consent Item
Consideration of adopting Resolution amending authorized representatives for
Texpool, an Investment Service for Public Funds.
Summary: Texpool requires the attached resolution to amend authorized representatives.
The City of San Angelo is adding Tina Bunnell, CPA, Finance Director and Jaime
A. Guerrero, Chief Accountant to the list of authorized representatives.
History: Both employees are new to the City of San Angelo and will serve as additional
contact members for TexPool.
Financial Impact: Texpool, an Investment Service for Public Funds, is utilized as an account for the
City’s reserve cash and interest bearing investment account, which is a
substantial portion of the City’s current assets.
Related Vision Item
(if applicable):
Not Applicable.
Other Information/
Recommendation:
Staff recommends that the resolution be approved.
Attachments: Texpool resolution
Presentation: Not Applicable.
Publication: Not Applicable.
Reviewed by
Director:
Michael Dane, CFO
Approved by Legal:

City of San Angelo
Memo
Date: July 15, 2013
From: Ricky Dickson, Water Utilities Director
Subject: Consent Item for August 20, 2013 Council Meeting
Contact: Ricky Dickson, Water Utilities Director, 657-4209
Caption: Consideration of approving Special Recreational Lease Agreement with Lee
H. Bell and Karen H. Bell for 0.117 acres of land located adjacent to the lake or river and
authorizing the City Manager or Water Utilities Director to execute the same.
Summary: Lee M. Bell and Karen H. Bell are current tenants under former lease and desire
to enter into a new Special Recreational Lease agreement.
Financial Impact: Lease fee will be $257.00 per year as computed on Exhibit B (attached).
Related Vision Item (if applicable): None.
Other Information/Recommendation: It is recommended that the lease be approved
and the Water Utilities Director or City Manager be authorized to execute the lease. Staff
recommends approval.
Attachments: Lease Agreement and Exhibit A and B
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director,
July 15, 2013
Reviewed by City Attorney:

Special Recreational Lease Agreement
Basic Terms
Date:
Landlord: City of San Angelo, a Texas home rule municipal corporation
Landlord’s Address: 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903
Tenant: Lee M. Bell and wife, Karen H. Bell
Tenant’s Address: 3613 Country Club Road, San Angelo, Texas 76904
Leased Premises: SURFACE ESTATE ONLY of approximately 0.117 acres of land, situated in
San Angelo, Tom Green County, Texas, as described in Exhibit “A” (“Leased
Premises”) attached hereto and being made a part hereof, at or near the waters
of Lake Nasworthy (hereinafter “Lake”).
Term: Five (5) years and five (5) months
Commencement Date: August 1, 2013
Termination Date: December 31, 2018
Permitted Use: Solely for Recreational Use
Initial Payment: Initial Rent Payment due and payable on execution of this Lease, is the sum of
Two Hundred Thirty-Four Dollars ($234.00), which includes: (a) Seventy-five
Dollars ($75.00) – one time Granting Fee; (b) One Hundred Dollars ($100.00)
– document preparation fee; (c) One Hundred Seven ($107.00) – 2013 pro-
rated Annual Rent; and (d) credit of Forty Three Dollars ($43.00) –
reimbursement for pre-paid Annual Rent.
Annual Rent: Annual Rent shall be Two Hundred Fifty-Seven Dollars ($257.00), paid on or
before January 1st
of each year, during the term of this Lease, as computed on
Exhibit “B” attached hereto and incorporated by reference.
Clauses and Covenants
A. Tenant agrees to—
1. Lease the Premises for the entire Term beginning on the Commencement Date
and ending on the Termination Date.
2. Obey all laws, ordinances, rules and regulations relating to Tenant’s use and
maintenance of the Leased Premises, including those certain ordinances of the City
1

Council of the City of San Angelo, (“Council”), adopted April 2, 1951, as amended from
time to time and known as the Lake Nasworthy-Twin Buttes Ordinances. Tenant
understands and agrees that this Lease Agreement does not exempt Tenant from
application of any of the ordinances, rules and regulations now or hereafter applicable to
Lake Nasworthy. Any breach of said ordinances, rules or regulations shall be deemed a
default of this Lease Agreement, and, at the option of the Landlord, may result in
termination of this Lease.
3. Pay in advance the Initial Rent Payment, and on or before January 1st
of each year
during the term of this Lease, the Annual Rent to Landlord at Landlord’s Address, 72 W.
College, San Angelo, Texas 76903.
4. Pay to Landlord a late charge or interest for any rent received by Landlord after
the date that the rent is due in accordance with applicable ordinances, provided however,
that acceptance by Landlord of late charges or interest shall not be construed as a waiver
of the right of Landlord to terminate this Lease at its option as authorized herein.
5. Pay all taxes on Tenant’s property located on the Leased Premises.
6. Use the Leased Premises for recreational use only and uses incidental thereto.
7. At Tenant’s sole expense, keep and maintain fences and other improvements now
on the Leased Premises in good condition, maintain landscape, and keep said Premises
clean and cleared of all objectionable matter, including accumulations of trash, personal
property, brush, and accumulations of dead vegetation. In the event Tenant shall fail to
maintain Leased Premises in a manner acceptable to Landlord as herein required, after
notice of default to Tenant, Landlord may enter upon the Leased Premises without further
notice and cause Leased Premises to be cleaned, cleared, and mowed, and may dispose of
all objectionable matter in the manner deemed appropriate by Landlord. Tenant
expressly authorizes the cost of any such clearing, cleaning, mowing and disposal to be
billed to Tenant separately rent or added to the next Annual Rent payment due, interest
at the ten percent (10%) per annum, beginning thirty (30) days from the date on which
the work was completed, and continuing until such cost is paid in full.
8. Maintain the pecan trees on Leased Premises. Pecans produced from said trees
shall be the property of Tenant during the term of this Lease.
9. Indemnify, Defend, and Hold Harmless Landlord as follows: TENANT FURTHER
AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS OFFICERS,
OFFICIALS, COUNCIL AND BOARD OR COMMISSION MEMBERS, AGENTS, AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS,
DAMAGES, LOSSES, PENALTIES, FINES, ATTORNEYS’ FEES, COSTS AND
EXPENSES ASSERTED BY ANY PERSON OR PERSON, INCLUDING AGENTS OR EMPLOYEES OF
TENANT OR LANDLORD, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR
DAMAGE TO PROPERTY, RESULTING FROM OR RELATED TO TENANT’S OCCUPATION OR
CONTROL OVER THE LEASED PREMISES, OR SUSTAINED IN OR UPON THE LEASED PREMISES,
OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY TENANT.
2

THIS INDEMNIFICATION, DEFEND AND HOLD HARMLESS AGREEMENT
SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY
LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE THE
INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY
INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
10. Maintain Insurance as follows:
a. Tenant shall obtain and maintain continuously in effect at all times during
the term hereof, at Tenant’s sole expense, minimum comprehensive general
liability insurance in the amount of at least $100,000.00 combined single limit
liability per occurrence for bodily injury and property damage. This insurance
shall be an occurrence-type policy written in comprehensive form and shall
protect Landlord against liability which may accrue against Landlord by reason of
Tenant’s occupancy or control over the Leased Premises, or wrongful conduct
incident to the use thereof, resulting from any accident or event occurring on or
about the Leased Premises. All insurance policies required herein shall be drawn
in the name of Tenant, with Landlord, its council members, officials, officers,
directors, agents and employees named as additional insureds.
b. Tenant shall furnish Landlord with certificates of insurance as evidence
that all of the policies required herein are in full force and effect and provide the
required coverages and limits of insurance. The certificates shall provide that any
company issuing an insurance policy shall provide not less than 30-days advance
notice in writing of cancellation, non-renewal or material change in the policy of
insurance. In addition, Tenant shall immediately provide written notice to
Landlord upon receipt of notice of cancellation of an insurance policy, or of a
decision to terminate or alter any insurance policy. All certificates of insurance
shall clearly state that all applicable requirements have been satisfied including
certification that the policies are of the “occurrence” type. Certificates of
insurance for Landlord shall be mailed in accordance with the notice provisions of
this Lease Agreement.
c. Tenant shall require its insurance carrier, with respect to all insurance
policies, to waive all rights of subrogation against the City of San Angelo, its
council members, members of boards and commissions officers, officials, agents
and employees.
d. The procuring of such policies of insurance shall not be construed to be a
limitation upon Tenant’s liability or as a full performance of its obligations under
the indemnification provisions of this Lease. Tenant’s obligations are,
notwithstanding said policies of insurance, for the full and total amount of any
damage, injury or loss caused by or attributable to its occupation or control over
the Leased Premises pursuant to this Lease or any extension thereof.
11. Vacate the Leased Premises on the last day of the Term.
3

B. Tenant agrees not to—
1. Use the Leased Premises for any purpose other than the Permitted Use, including
that:
a. No improvements or construction work, including but not limited to living
quarters, buildings, pump houses, water wells, storage buildings, excavations,
fills, or other types of structures or improvements shall be built or placed on the
Leased Premises.
b. No storage of personal property shall be permitted on the Leased
Premises, including equipment, machinery, vehicles, appliances, temporary
electrical wiring, materials, or supplies.
2. Create or allow any nuisance or waste on Leased Premises.
3. Alter the Leased Premises, including:
a. Clearing new roads, or locating on Leased Premises any type of
manufactured housing or mobile home.
b. Removing any trees from Leased Premises without first obtaining
permission from Landlord.
4. Allow a lien to be placed on the Leased Premises.
5. Assign this Lease or sublease any portion of the Leased Premises without
Landlord’s written consent.
6. Hunt on the Leased Premises or allow anyone else to do so.
7. Litter or leave trash or debris on the Leased Premises.
C. Landlord agrees to—
Lease to Tenant the Leased Premises beginning on the Commencement Date and ending
on the Termination Date unless earlier terminated as herein provided, subject to:
easements of record, Landlord’s reservation of right to execute and deliver mineral
leases, and Landlord’s reservation of right to grant utility easements and rights-of way for
streets and alleys, and further subject to Tenant’s compliance with the terms and
conditions of this Lease.
D. Landlord agrees not to—
Allow any use of the Leased Premises inconsistent with Tenant’s Permitted Use, subject
to the reservations of rights herein stated, and so long as Tenant is not in default.
4

E. Landlord and Tenant mutually agree to the following:
1. Rent Adjustment. Landlord and Tenant agree Landlord shall have the right to
make an adjustment in the Annual Rent upon any extension or renewal of this Lease.
2. Temporary Improvements. Tenant may place temporary improvements on Leased
Premises only with the prior, written approval of Landlord. Such improvements shall be
for purposes of recreation only. Temporary improvements for other purposes are
prohibited. Nothing shall be constructed, placed, or planted on Leased Premises which
will in any way obstruct the natural flow of drainage or of rising water. Temporary
improvements shall not include walls or be more than ten (10) feet in height. Tenant
shall secure any required permits prior to placement of any temporary improvement on
the Leased Premises. Temporary improvements shall be constructed in compliance with
all applicable codes, laws, rules or regulation.
3. Water Usage. Tenant, may, upon receipt of an annual water use permit from
Landlord, as provided in City of San Angelo Code of Ordinances, use water from the
Lake or river, , for domestic purpose and watering of existing trees and shrubs, but no
water is to be removed from or transported off Leased Premises. Use of water for
irrigation is expressly prohibited. Tenant shall use water in a conservative manner taking
any drought conditions into consideration. Any abusive use of water shall be grounds for
Landlord in denying the use of water to Tenant. Tenant shall pay raw water use charges
as set by Landlord.
4. Conditional Grant of Lease. This Special Recreational Lease Agreement is
granted to Tenant under the condition that Tenant is the owner or Leaseholder of real
property adjacent to Leased Premises. Should Tenant not be or cease to be the owner or
Leaseholder of real property adjacent to Leased Premises, this Lease shall automatically
terminate, and Landlord shall not be liable for refunding to Tenant any prepaid Annual
Rent or other lease fees.
5. Flooding or Other Water Damage or Destruction. The parties hereto
acknowledge that the Leased Premises are within an area subject to flooding and
variations in Lake water level. It is expressly agreed between the parties that neither
Landlord nor any of its officers, officials, council members, agents or employees shall be
liable to Tenant for any damages caused in any manner, negligent or otherwise, by water,
flooding, water run-off variation in level of Lake waters, or overflow of the rivers, creeks,
or channels which serve as sources of water supply to the Lake, nor by reason of any
work or maintenance by Landlord, deemed necessary or desirable in Landlord’s sole
judgment, for the maintenance of said Lake, Lake level, or its sources of water supply.
Any such damages that may be occasioned thereby during the term of this Lease
Agreement or any extension thereof are hereby waived by Tenant, and Tenant does
hereby forever release and discharge Landlord from liability for any such loss or claim of
loss.
6. Release of Claims. Tenant expressly releases Landlord, its officials, officers,
agents, and employees from any and all claims and damages of any kind whatsoever by
5

reason of the condition of Leased Premises, or any improvements thereon, or any
damages or loss incurred by Tenant relating to Tenant’s use of the Leased Premises or
exercise of the privileges granted hereunder.
7. Reservations. Landlord reserve the privilege and right for itself and its assignees,
to execute and deliver oil, gas and other mineral Leases upon the Leased Premises, right-
of-way easements for gas, oil, water, or wastewater pipelines, sewer mains, telephone,
telegraph or electric pole transmission lines, or other utility easements, and right-of-ways
for streets or alleys, on, under, over or across said Leased Premises, or any part thereof,
and in such event this Lease shall be subject and subordinate to the rights, terms and
privileges of any such mineral Leases, utility easements or street and alley right-of-ways.
8. Termination of Lease for Public Purposes. If Landlord shall deem that Leased
Premises are required for any public purpose during the term of this Lease, Landlord
shall have the right to terminate this Lease by giving ninety (90) days written notice to
Tenant of Landlord’s election to terminate the Lease. Tenant shall promptly deliver
possession of Leased Premises to Landlord on the effective date of termination.
9. No Encumbrances. Tenant shall not have the right to encumber the Leased
Premises.
10. Transfer, Assignment and Subletting. Tenant may not transfer, assign or sublet
the Leased Premises, in whole or in part, without the prior written consent of the
Landlord, which consent may be withheld in the sole discretion of Landlord.
11. Debts Related to Leased Premises.
a. Utilities: Any utility charges relating to Tenant’s occupancy, control or
use of the Leased Premises shall be paid in full by Tenant when due. Failure to
timely pay such charges shall, at the option of Landlord, result in termination of
this Lease.
b. Taxes: It is further understood and agreed that Tenant shall pay and
discharge all taxes, general and special assessments, and other charges of every
description which during the term of this Lease may be levied on or assessed
against the Leased Premises and all interest therein and all improvements and
other property thereon, whether belonging to Landlord or Tenant, or to which
either of them may become liable. Tenant shall pay all such taxes, charges, and
assessments to the public officer charged with the collection thereof not less than
fifteen (15) days before the same shall become delinquent, and Tenant agrees to
indemnify and save harmless Landlord from all such taxes, charges and
assessments. Failure to pay such taxes and special assessments as provided herein
shall, at the option of Landlord, result in termination of this Lease.
12. Default by Tenant/Events.
a. failing to timely pay Annual Rent; or,
6

b. failing to comply within thirty (30) days after written notice with any
provision of this Lease Agreement other than failing to timely pay Annual
Rent.
13. Default by Tenant/Landlord’s Remedies. Landlord’s remedy for Tenant’s
default, after compliance with the notice provisions hereof, is to terminate this Lease
Agreement by written notice, take possession of the Leased Premises, and seek judicial
relief for costs, rents due and such other damages or relief to which Landlord may be
entitled. Landlord may enter and take physical possession and control over the Leased
Premises on termination of this Lease by self-help, and may prohibit the Tenant in default
or any other person who may be occupying the Leased Premises, from access thereto or
the use thereof, and shall not be liable in trespass or for damages therefore.
14. Default/Waiver/Mitigation. It is not a waiver of default if the Landlord fails to
declare immediately a default or delays in taking any action. Pursuit of any remedy set
forth in this Lease does not preclude pursuit of other remedies under this Lease or
provided by law.
15. Reimbursement of Landlord’s Expenses. Tenant shall pay on demand all of
Landlord’s expenses including, but not limited to, attorney’s fees and court costs incurred
in enforcing any of Tenant’s obligations under this Lease, which include, but are not
limited to, collection of Annual Rent.
16. Amendment of Lease. This Lease may be amended only by an instrument in
writing signed by Landlord and Tenant.
17. Disclaimer of Warranties. ALL WARRANTIES OF LANDLORD THAT MAY
ARISE IN COMMON LAW ARE EXCLUDED LANDLORD GIVES NO
WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED
PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF
HABITABILITY OR FITNESS FOR A PARTICULAR USE. THERE ARE NO
IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS
LEASE AGREEMENT, AND THERE ARE NO WARRANTIES THAT EXTEND
BEYOND THOSE EXPRESSLY STATED IN THIS LEASE.
18. Notices. Any notice required or permitted under this Lease must be in writing
and delivered to the address for the recipient party. Any notice required by this Lease will
be deemed to be delivered (whether actually received or not) on the third day after
deposited with the United States Postal Service, postage prepaid, certified mail, return
receipt requested, and addressed to the intended recipient at the address below. Notice
may also be given by personal delivery or commercial courier delivery and will be
effective when actually received. Any address for notice may be changed by written
notice delivered to the other party as provided herein.
7

LANDLORD TENANT
City of San Angelo Lee M. Bell and Karen H. Bell
Real Estate Division 3613 Country Club Road
72 W. College Ave. San Angelo, Texas 76904
With copies to:
Office of the City Attorney
72 W. College Ave.
19. Entire Agreement. This Lease Agreement constitutes the entire agreement of the
parties concerning the lease of the Premises by Landlord to Tenant. There are no
representations, warranties, agreements, or promises pertaining to the lease of the Leased
Premises by Landlord to Tenant that are not in this Lease Agreement.
[Signature Page to Follow]
8

EXECUTED in duplicate originals the day of , 2013.
TENANTS:
LEE M. BELL and KAREN H. BELL
Lee M. Bell
Karen H. Bell
LANDLORD:
Attest: CITY OF SAN ANGELO
By:
Alicia Ramirez, City Clerk Daniel Valenzuela, City Manager
STATE OF TEXAS §
This instrument was acknowledged before me on the day of , 2013, by Lee
M. Bell and Karen H. Bell.
STATE OF TEXAS §
This instrument was acknowledged before me on the day of ,
2013, by Daniel Valenzuela, as City Manager of the City of San Angelo, a Texas municipal
corporation, on behalf of said corporation.
9

Insurance Addendum to Lease
Lease
Date:
Landlord: City of San Angelo, a home rule municipal corporation
Tenants: Lee H. Bell and Karen M. Bell
This insurance addendum is part of the Lease.
Tenant agrees to—
1. Maintain the liability insurance policies required below (mark applicable boxes)
during the Term and any period before or after the Term when Tenant is present on the Leased
Premises:
Type of Insurance Minimum Policy Limit
 Homeowners Liability Per occurrence: $100,000.00
Aggregate: $100,000.00
2. Comply with the following additional insurance requirements:
a. All liability policies must be endorsed to name Landlord as an “additional
insured” on a form that does not exclude coverage for the sole or
contributory ordinary negligence of Landlord and must not be endorsed to
exclude the sole negligence of Landlord from the definition of “insured
contract.”
b. Certificates of insurance and copies of any additional insured and waiver
of subrogation endorsements must be delivered by Tenant to Landlord
before entering the Leased Premises and thereafter at least ten days before
the expiration of the policies.
[End of Insurance Addendum]
10

City of San Angelo
Memo
Meeting Date: August 20, 2013
To: City Council members
From: Jeff Hintz, Interim Senior Planner
Subject: Smith Boulevard, right-of-way property dedication on the
following property:
Location: 11,341 square feet of a 15.6 acre tract in the J. Pointevent Survey
owned by Howard College and located approximately 640 feet
south from the intersection of Smith Boulevard and Paulann
Boulevard, in northeastern San Angelo.
Contacts: Jeff Hintz, Interim Senior Planner - and- 657-4210
AJ Fawver, Interim Director of Development Services -and-
Bob Schneeman, Interim Director of Economic Development
Caption: A RESOLUTION AUTHORIZING THE ACCEPTANCE OF
11,341 SQUARE FEET OF RIGHT-OF-WAY FOR SMITH
BOULEVARD IN NORTHEAST SAN ANGELO, AND
PROVIDING FOR THE CITY MANAGER TO EXECUTE AND
DELIVER A LEGAL INSTRUMENT FORMALLY ACCEPTING
SAID RIGHT-OF-WAY.
Summary: The City Council may:
1. Approve the proposed dedication; or
2. Deny the proposed dedication.
Recommendation: City staff recommends approving, the dedication of right-of-
way.

History and Background:
In May of 2012 a Planned Development was presented to the Planning
Commission and approved. After some discussion at City Council, Council
discussed their concerns about having Smith Boulevard bisecting the campus,
similar to that of Johnson Street at Angelo State. As a result, staff worked with
Howard College, Parkhill Smith & Cooper, TxDOT, and other parties to identify
alternative ways to route traffic in this area. COSADC, and later, City Council,
approved the proposal of improving a segment of Smith Boulevard from PaulAnn
Boulevard to the edge of the campus, at which point it would terminate into
internal parking lots that are planned for the area. A corresponding amendment
to the Thoroughfare Plan was then drafted and approved by both Planning
Commission the MPO Policy Board, and Council. This amendment eliminated
Smith Boulevard between McGill Boulevard and Howard College's northern most
property boundary.
In September of 2012, Howard College had proposed a new site plan as part of a
Planned Development zoning change; this new site plan incorporated a new
orientation for buildings on the campus and also included utilizing the abandoned
segments of Smith Boulevard into the campus master development plan.
Basis for Recommendation
When a majority of Smith Boulevard was abandoned in this area, it left a segment
coming south from Paulann Boulevard to provide access to Howard College, and
other properties in the area. Funding for improvement of this segment was approved at
the August 6, 2013 Council Meeting. The dedication sought here would not be subject
to this funded improvement by COSADC; rather, the portion to be dedicated here is
required as a part of the subdivision ordinance and by the International Fire Code. The
City's Subdivision Ordinance mirrors Appendix D of the 2009 International Fire Code
and requires that dead ends over 150 feet have an approved Fire Apparatus
turnaround, that is publicly dedicated. In no instance shall a dead end exceed over 750
feet, even with an approved turnaround at the end. This is found in the Subdivision
Ordinance, Chapter 9, Section III.C Titled "Dead End Streets" which discusses design
policies and requirements of these dead ends.
In the case here with Howard College, the dead end will be approximately 675 feet long
including the turnaround (or traffic circle/roundabout). The unique thing about this
turnaround, is that it will also be used as a traffic circle/roundabout for entrance into the
campus. As part of the site plan for Howard College recently submitted for permitting
(which includes a student center and classroom building, shown in blue on the attached
master plan) they have chosen a roundabout that will satisfy the requirements of the
Fire Code and Subdivision Ordinance (other choices include "T" type hammerhead
turnarounds or "Y" type turnarounds. Aesthetically and functionally, a traffic circle/cu-de-
sac will much better suit the needs of the campus and the area.

However, within the Subdivision Ordinance, there is also a provision that exempts a plat
from being required. That was the case here, the property was over 5 acres is size and
no extensions of public utility mains (water and sewer) were required. As such, a plat of
the property that would go before Planning Commission was not required. Ordinarily,
public right-of-way dedications for streets and alleyways also occurs on these plat
documents which do not go before City Council.
This right-of-way dedication is required to satisfy the provisions of the Subdivision
Ordinance and International Fire Code the City of San Angelo has adopted at this time.
The current right-of-way width for the portion of Smith Boulevard that has not been
abandoned is simply not wide enough to accommodate the width that is required for this
traffic circle/roundabout; as such additional right-of-way must be accepted for this to
take place. It is important to ensure that this right-of-way for the traffic circle is publicly
dedicated so it remains in the public's control and can never be built upon. This
dedication guarantees that the traffic circle will always be open to the public. Once
constructed, the city will assume responsibility of the maintenance of it. Howard College
presented staff with a draft document that will transfer the traffic circle ad public right-of-
way that is included as a draft in the attachment section of this report. The traffic circle
will be built to City Street standard specifications and details and will be no different
than a street anywhere else in town.
When Smith Boulevard was abandoned, the public relinquished access and the City
relinquished maintenance of approximately 76,000 square feet of right-of-way. This
dedication required for the traffic circle/roundabout is a little over 11,000 square feet. As
such, the city will still be maintaining much less right-of-way than before Smith
Boulevard was abandoned in September of 2012.
Attachments: detailed survey of the area to be dedicated;
aerial photo of Smith Boulevard through Howard
College;
approved master campus plan as part of PD 12-03
Ordinance;
minutes from City Council discussing abandonment of
Smith Boulevard through Howard College and
discussion of the updated site plan as a part of PD
12-03 approval;
draft dedication deed; and
draft resolution.
Presentation: Jeff Hintz, Interim Senior Planner

Minutes
Vol. 103 September 4, 2012
Motion, to introduce an Ordinance repealing and an Ordinance designating Time Clock Drive, as presented, was
made by Councilmember Silvas and seconded by Councilmember Morrison.
Fire Chief Brian Dunn expressed his concerns regarding public safety response time as a result of changing
names of streets and related 911 issues.
A vote was taken on the motion on the floor. Motion carried unanimously.
Councilmember Adams arrived to the meeting at 9:39 A.M.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING
ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR SMITH BOULEVARD EXTENDING
APPROXIMATELY 1000 FEET NORTHWARD FROM THE INTERSECTION OF SMITH BOULEVARD
AND MCGILL BOULEVARD IN NORTHEASTERN SAN ANGELO
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
STREET SEGMENT, TO WIT: An approximately 80’ wide portion of the unimproved public right-of-wayfor
Smith Boulevard, extending approximately 1000’ northward from McGill Boulevard, immediately adjacent to
property owned by Howard College in northeast San Angelo; AUTHORIZING THE CONVEYANCE
THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND
CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO
EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Adams. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 12-03: Howard College Campus
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
FOLLOWING PROPERTY, TO WIT: 3501 North US Highway 67, encompassing the area known as the
Howard College, more specifically, being 33.802 acres out of the J. Pointevent Survey1113, Abstract 4873, and
Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G,
being the northwestern 0.145 acre, in northeast San Angelo, a zone change from a combination of General
Commercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 12-10: GBT Realty
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING

Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following
information from this instrument before it is filed for record in the public records: your Social Security
Number or your driver’s License Number.
SPECIAL DEDICATION DEED
THE STATE OF TEXAS
COUNTY OF TOM GREEN
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, The Howard College at San Angelo Foundation, hereinafter called “Grantor”, is
the owner of a certain tract of land lying and being situated in San Angelo, Tom Green County,
Texas, and Grantor desires to construct a street access and turn around to provide dedicated
public access to Grantor’s adjoining real property necessary for Grantor’s development of the
adjoining real property; and,
WHEREAS, Grantor covenants to complete, at Grantor’s sole expense, a street access and
turn around for public, motor vehicle access to Grantor’s adjoining property, to specifications
approved and acceptable to the City Engineer for the City of San Angelo;
NOW, THEREFORE, for and in consideration of the enhancement in value of Grantor’s
abutting property to be realized from the dedication, the sufficiency of which is hereby
acknowledged, Grantor does hereby grant, convey and sale unto the CITY OF SAN ANGELO,
Texas, hereafter referred to as “City” or “Grantee”, whose mailing address is 72 West College
Avenue, San Angelo, Texas 76903, for purposes set forth in the recitals hereinabove and to
include drainage and public utility uses, which recitals are incorporated herein and made a part of
this Special Dedication Deed for all purposes, certain real property located in Tom Green County,
Texas, and described as:
A 0.26-ACRE TRACT OF LAND LOCATED IN THE J. POITEVENT SURVEY
1113, ABSTRACT NO. 4873, CITY OF SAN ANGELO, TOM GREEN COUNTY,
TEXAS, AND MORE SPECIFICALLY DESCRIBED IN THE METES AND
BOUNDS ATTACHED HERETO AS EXHIBIT “A” AND INCORPORATED
HEREIN FOR ALL PURPOSES.
TO HAVE AND TO HOLD the above described premises, together with all and singular the

rights and appurtenances thereto in anywise belonging unto the said Grantee, and Grantee’s
successors and assigns, against every person whomsoever claiming or to claim the same or any
part thereof, by and through Grantor, but not otherwise.
WITNESS THE EXECUTION HEREOF this the _______ day of _____________, 2013.
GRANTOR:
The Howard College at San Angelo
Foundation
_____________________________________
Michael L. Boyd, President
STATE OF TEXAS
COUNTY OF TOM GREEN
BEFORE ME, the undersigned authority, on this day personally appeared Michael L. Boyd,
President of The Howard College at San Angelo Foundation, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged that he executed and delivered
the foregoing instrument for the purposes and consideration therein expressed on behalf of The
Howard College at San Angelo Foundation.
_____________________________________
RECEIVED, ACCEPTED AND
AGREED TO BY THE GRANTEE
CITY OF SAN ANGELO
Attest:
__________________ _________________
Daniel Valenzuela, City Manager Alicia Ramirez, City Clerk
THE STATE OF TEXAS
COUNTY OF TOM GREEN
BEFORE ME, the undersigned authority, a Notary Public in and for the County of Tom Green,
State of Texas, on this day personally appeared Daniel Valenzuela, City Manager of the City of
San Angelo, Texas, a municipal corporation, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the
purpose and consideration therein expressed and as the act and deed of said City, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE the ______ day of ______________, 2013.
___________________________________

August 20, 2013 Agenda packet

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August 20, 2013 Agenda packet