Appendix V. RESOLUTION OF AIRPORT AUTHORITY (SECTION 414)

("Exhibit A" in Ord. No. 8480)

At a special meeting of the Tulsa Airport Authority held on the 19th day of June, 1958,

PRESENT: N.G. Henthorne, Richard Lloyd Jones, Jr., E. Fred Johnson, Wade C. Whiteside, and James L. Maxwell,

ABSENT: None,

the following resolution was adopted by the following vote:

YEAS: Five (5).

NAYS: None (0).

RESOLUTION

A RESOLUTION APPROVING PROPOSED SECOND AMENDMENT TO LEASE WHICH WILL AMEND THE LEASE BY AND BETWEEN THE CITY OF TULSA AND THE TRUSTEES OF THE TULSA MUNICIPAL AIRPORT TRUST, EXECUTED AUGUST 6, 1957, AS AMENDED BY THE AMENDMENT TO LEASE EXECUTED THE 11TH DAY OF JUNE, 1958, AND AUTHORIZING THE EXECUTION OF SAID PROPOSED SECOND AMENDMENT TO LEASE BY THE CHAIRMAN OF THE TULSA AIRPORT AUTHORITY AND THE SUBMISSION THEREOF TO THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY OF TULSA, OKLAHOMA, WITH THE RECOMMENDATION THAT SAID PROPOSED SECOND AMENDMENT TO LEASE BE APPROVED.

BE IT RESOLVED BY THE TULSA AIRPORT AUTHORITY AS FOLLOWS:

1.

The Second Amendment to Lease between the City of Tulsa, Oklahoma, and the Trustees of the Tulsa Municipal Airport Trust, as particularly set forth in the copy thereof marked Exhibit 1 attached to this resolution and hereby made a part hereof as completely as if set out in full herein, is hereby approved.

2.

The Chairman of the Tulsa Airport Authority is instructed, empowered and directed to execute multiple copies of said proposed Second Amendment to Lease, each of which copies shall be deemed an original, and to submit the same to the Mayor and Board of Commissioners of the City of Tulsa with the recommendation of the Tulsa Airport Authority that said Second Amendment to Lease be approved, and that the Mayor and City Auditor of the City of Tulsa be authorized to sign the said Second Amendment to Lease upon its being approved by the City Attorney.

3.

The signing by the Chairman of the Tulsa Airport Authority of the Amendment to Lease, approved by resolution of the Tulsa Airport Authority on May 14, 1958, is hereby ratified, validated and confirmed.

CERTIFICATE

STATE OF OKLAHOMA       )
)	ss.
COUNTY OF TULSA       )

 

I, the undersigned, Secretary of the Tulsa Airport Authority, do hereby certify that the above and foregoing is a true and correct excerpt from the minutes of the meeting of the Tulsa Airport Authority held on the 19th day of June, 1958, as shown by the official minutes of said meeting.

	/s/ Remington Rogers       Secretary

EXHIBIT 1
SECOND AMENDMENT TO LEASE

THIS AGREEMENT, by and between the City of Tulsa, Oklahoma, a Municipal Corporation, herein called City, and N.G. Henthorne, E. Fred Johnson, Richard Lloyd Jones, Jr., Wade C. Whiteside and James L. Maxwell, as Trustees of the Tulsa Municipal Airport Trust, second party, herein called Trustees,

WITNESSETH:

That for and in consideration of the mutual promises and terms, covenants and conditions herein set forth, the parties have agreed and hereby agree as follows:

1.

The Lease heretofore entered into by and between the City of Tulsa, Oklahoma, as Lessor, and N.G. Henthorne, Richard Lloyd Jones, Jr., E. Fred Johnson, Sid W. Patterson and George E. Norvell, as Trustees of the Tulsa Municipal Airport Trust, which Lease was duly executed on the 6th day of August, 1957 and recorded in Book 2803, page 131, of the records of the Tulsa County Clerk, on the 9th day of August, 1957, as amended by the Amendment to Lease heretofore entered into by and between the City of Tulsa, as Lessor, and N.G. Henthorne, E. Fred Johnson, Richard Lloyd Jones, Jr., Wade C. Whiteside and James L. Maxwell, as Trustees of the Tulsa Municipal Airport Trust, which Amendment to Lease was duly executed on the 27th day of May, 1958 and recorded in Book 2873, page 112 of the records of the Tulsa County Clerk on the 11th day of June, 1958, covering the following described lands in Tulsa County, Oklahoma, to-wit:

All of that part of the S 1/2 of Section 13 and all that part of the N 1/2 of Section 24, Township 20 North, Range 13 East, particularly described as follows:

Beginning at the Northeast corner of the SE 1/4 of said Section 13; thence west along the north boundary of the SE 1/4 of said Section 13 to the northwest corner of the SE 1/4 of said Section; thence south along the half section line of said Section 13 to a point in the half section line 1565 feet north of the south boundary of said Section 13; thence southwesterly along a line bearing south 14;deg; 37' west a distance of 655.20 feet to a point 200 feet east of the east boundary of the taxiway now constructed, which point is 165.34 feet west of the half section line of said Section 13 and 931.06 feet north of the south boundary of said Section 13.

Thence in a southwesterly direction and parallel to said taxiway and 200 feet east from the east boundary of said taxiway on a bearing south 3;deg; 4' 30" west a distance of 1537.65 feet to a point in the NE 1/4 of the NW 1/4 of Section 24, Township 20 North, Range 13 East and which point is 604.38 feet south of the north boundary of said Section 24 and 247.83 feet west of the north-south half section line of said section 24; thence in a southeasterly direction and parallel to the south boundary of the concrete apron of the maintenance base of the American Airlines on a bearing south 76;deg; 00' 58" east a distance of 2978.32 feet more or less to the east boundary of said Section 24; thence north and along the east boundary of Section 24 and 13, to the northeast corner of the SE 1/4 of said Section 13, the point of beginning is amended in the manner hereinafter set out.

2.

The first paragraph of Section 6 of said Lease, denominated (a) by said Amendment to Lease, is hereby amended to read as follows:

"(a) Lessee shall not suffer any use or occupancy of said premises contrary to any law or ordinance now or hereafter in force, and Lessee shall not allow any part of the leased property to be subjected to any mechanic's or materialmen's liens, provided, however, that Lessee need not discharge any such liens if and so long as the applicability and validity thereof is being contested by appropriate proceedings diligently prosecuted in good faith and if such proceedings shall stay the execution or enforcement thereof so that pending such proceedings the leased property shall not be affected thereby. The Lessee covenants that no obstruction to air navigation as such is determined by application of the criteria of the Civil Aeronautics Administration Technical Standard Order N-18, will be permitted on the premises and property leased hereunder, and further covenants that this restriction shall run with the land."

3.

Except as amended by the Amendment to Lease referred to above and as herein amended, said Lease from the City of Tulsa, as Lessor, to the Trustees of the Tulsa Municipal Airport Trust, as Lessee, dated August 7, 1957 and recorded as above described, shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment to Lease this day of June, 1958.

CITY OF TULSA, OKLAHOMA

By  _____
Chairman of the Tulsa Airport
Authority

By /s/ James L. Maxwell      
Mayor

ATTEST:

_____
City Auditor

APPROVED:

_____
City Attorney

_____
N.G. Henthorne

_____
E. Fred Johnson

_____
Richard Lloyd Jones, Jr.

_____
Wade C. Whiteside

	/s/ James L. Maxwell       James L. Maxwell

Trustees of the Tulsa Municipal
Airport Trust

LESSEE