2097 RES CITY COUNCIL IS DESIROUS OF COOPERATING WITH US GOVERNMENT IN PROVIDING ADDITIONAL SERVICES TO FLYING PUBLIC AND USERS OF MUNICIPAL AIRPORT

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Lease No.: DTFA07-81-L-01106 VHF Dissction Firlder Site Pario, Texaa f}~s- lease-e~--a~y-~eeedi~--~ease-(-~.~}e~ges-te ~e-~re~ritses tr~-~reeei~ree-~att~~-~ragr$~- ~:{a};'~-{b}and--~:{e}a~is3ve, ordlinary wear and tear, damage by nature elements and by circumstances over which the..6e,vetfiment has no control, excepted) or (2) make an equitable adjustment in the lease am.q,unt-fbr7he~cost of such restoration of the prerruses or the dinunution of the value of the premises ~f.iuarest6rea, whichever is less. Should a mutually acceptable settlement be made hereunder, tllepariies-siTatI enter into a suppleinental agreement hereto effecting such agreement. Failure to agree_ta~ay-suc7~equitable adjustment shall be a dispute concerning a questioil of fact within the meaning c~£-€'~a~tse:(Te€-t~is-lease---•-____._________.... _ disptite-<,effeetr4ng &-qaeslieg-e€ faeE-afising-uiider the ll. reduce his L,ease which is not disposed of by agreernent shall be decided by the Contracting Officer who sha decicion to writing and mail or otherwise furnish a copy t}iereof to the Lessor. The decisien6f~the Contracting Officer sliall be fiiial and coriclusive unless within 30 days frorn the date of recej,pt-c7f such copy, the Lessor mails or otherwise furnishes to the Contracting Officer a written appeal add sseci to the Secretary, Department of Tra.lsportation. The decision of the Secretary or his duly .41 ized representative for the deterrnination of such appeals shall be final and conclusive unless determiuec+b_Y_] court of competent jurisdiction to have been fraudulent, or capric;ous, or arbitrar}; or so grossl _e+rofieous as necessarily to imply bad iaith, or not supported by substantial evidence. In connection wit}3_aFfy-appeal proceeding under this clause, the Lessor shall be afforded an opportunity to be heard and to- ~)f-krr evidence in support of its appeal. Pending Cinal decision of a dispute hereunder, the L,essor sliall proceed'Aigently wit}i tlle performance of the L.ease and in accordance with the Contracting Officer's (b } This-c1ause-does-net--p_r#4ucle-eoflsi:~t"I -c>1'-laiv-c}aast ions in cormec~ic44 -wiilt c~eEisie_ ~s }~rovided €or _ _m_a_king_final the decision of any in paragraph (a) above; PROVIDED, That notk~ingr.he Lxase shafl fi~ rnns~iue'd as _ adr~~inistiafi~-e~~ia2;=~c~}~esefrta~+ve;o~E~ar~ 7. No Member of Congress or Resident Conunissioner stiall be admitted to any share or part of this lease, or to any benefit to arise tlieref'rom. 8. The Lessor warrarits that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a comnussion, brokerage, percentage or contingent fee, except bona fide employees ur bona Cde establis}ie(l aommercial ur st:iling ;igencies maintained by the Lessor for the purpose of securing busiiiess. For breach or violation of this warranty, t}Ye Government shall liave the right to annul tlus lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other considera- ti«n, the full anmunt of such commission, brokerage, percentage, or co»tingent fee. 9. All notices sent to the parties under the lease shail be addressed as follows: City of Patie, TeRBs To the Lessor: Post Off iee SoX I4237 Paris, Tezag 75460 To the Government: ~epattment of Trattsportatiun, Federsl Avisticstz Administration, P. 0. Box 1669, Att+PnCion: ASW-56. Fort Warth, Texas 76101 FAA FORM 4423-2 Pg. 3(8-76) Supersedes Previous Edition