2020-030 - Authorizing the Termination of the Amended Lease Agreement with Suddenlink/Altice Regarding hte 9.1 Acre Tract formerly known as the Legion Airport Properties

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RESOLUTION NO. 2020-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE TERMINATION OF THE AMENDED LEASE AGREEMENT WITH SUDDENLINK/ALTICE REGARDING THE 9.1 ACRE TRACT FORMERLY KNOWN AS THE LEGION AIRPORT PROPERTIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The city of Paris has owned, for several decades, an approximately 9.1 acre tract located west of 19th St. NW, a tract once referred to as the Legion Airport properties; and, WHEREAS, In 2005, the city leased this tract to Cox Southwest Holdings, L.P. for the site of a telecommunications tower for a ten year term subject to four additional renewals terms of 5 years each with the second term expiring on September 30, 2020; and WHEREAS, The lease was amended in February, 2006 and assigned from Cox Southwest Holdings, L.P. to Cebridge Acquisitions Co., LLC in March of that same year; and WHEREAS, The cable television tower erected on the site was operated by Suddenlink cable company, which in turn has been acquired by Altice. WHEREAS, The tract was the city's contribution, along with a tax abatement, to the economic development package offered to American SpiralWeld Pipe Company ("ASWP") in 2018, and it is included in the Master Economic Development Agreement to be conveyed subject to the lease. As the lease covers the entire tract, rather than the area immediately around the tower, the lease has made it difficult for ASWP to use the tract, which they intend to use as a laydown yard; and WHEREAS, in order to honor the spirit of the city's agreement with ASWP, and so that ASWP can have full use of the tract, the city's best option is to terminate the lease and require Suddenlink/Altice to remove any remaining equipment and structures from the site; and, WHEREAS, the City Council of the City of Paris hereby finds that it is in the best interest of the City of Paris and its citizens to terminate of the Amended Lease Agreement attached hereto as EXhfll � and incorporated herein by reference regarding the 9.1 acre tract formerly known as the Legion Airport properties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved.