2000-035-RES AWARDING A LEASE TO PROGRESSIVE MARKETING
RESOLUTION NO. 2000-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AWARDING A LEASE TO PROGRESSIVE MARKETING
AS THE HIGHEST AND BEST BIDDER FOR THE LEASE OF HANGAR H
AT COX FIELD AIRPORT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of
February, 2000, in Resolution No. 2000-018, authorize the advertisement for bids for the lease of
Hangar H at the Cox Field Airport, which bids were received until 3:00 o'clock p.m. on Tuesday,
March 7, 2000; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of March,
2000, in Resolution No. 2000-026, designate that the best bid for such lease was made by
Progressive Marketing Group of Addison, Texas, in the amount of$I.500.00 per month for a term
of five (5) years; and,
WHEREAS, in accordance with the terms of the lease with J. B. Richey. such bid was
subsequently forwarded to Mr. Richey as the holder of aright -of- first-refusal for the lease of Hangar
H in order that he be given the opportunity to match such bid; and,
WHEREAS, J. B. Richey has declined to exercise his right-of-first-refusal for such lease,
therefore, it is deemed appropriate that the lease of Hangar H be awarded to Progressive Marketing
Group; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the lease of Hangar H be and the same is hereby awarded to Progressive
Marketing Group of Addison, Texas, for the amount of$l ,500.00 per month for a period of five (5)
years, to be effective beginning on the date the premises are vacated by the current tenant or as soon
thereafter as possible as detelmined by the City Manager.
Section 3. That the fom1 of the Lease Agreement with Progressive Marketing Group,
attached hereto as Exhibit A. be and the same is hereby approved.
Section 4. That the City Manager be and he is hereby authorized and directed to execute,
on behalf of the City of Paris, the Lease Agreement with Progressive Marketing Group, under the
terms and conditions and in the form shown in Exhibit A, attached hereto.
Section 5. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 10th day of April, 2000.
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
LEASE AGREEMENT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF-LAMAR
THIS LEASE AGREEMENT is made this 10th day of April, 2000, by and between the
CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its City
Manager, Michael E. Malone, duly authorized, hereinafter referred to as LESSOR, and
PROGRESSIVE MARKETING GROUP, 4821 Keller Springs Road, Addison, Dallas County,
Texas, acting by and through the authorized official whose signature appears below, hereinafter
referred to as LESSEE.
WITNESSETH
For and in consideration of the payment of the monthly rental, due on or before the 1st day
of each month, to the LESSOR, and each month thereafter, as follows: $1,500.00 per month, plus
utilities, said LESSOR does lease, rent, and let unto LESSEE that portion of Cox Field property
known as Hangar H, described in Exhibit "A", attached hereto and made a part hereof for all legal
purposes, hereinafter referred to as the property or premise.
The term of this Lease is for five (5) years, beginning on the n day of n, 2000, and ending
on the n day of n, n.
The rent established herein shall be subject to increase annually, in [THE MONTH IN
WHICH THE LEASE BEGINS] of each year, in the percentage amount of increase in the
Consumer Price Index for All Urban Consumers (CPI-U United States City Average [1982-
84= 100%]) above the rate for January 2000, which shall be determined to equal 168.7.
Lease Aereement - page 1
EXHIBIT
A,~
In determining the annual rate increase, the LESSEE shall, by or before March 1 of each
year, provide written notice to the LESSOR of the amount of the CPI increase (including
appropriate documentation thereot) and the LESSEE's calculation of the new monthly rental based
on said increase. If LESSOR disagrees with LESSEE's determination of said adjustment,
LESSOR shall, by or before March 20 of each year, calculate the rate increase appropriately and
notify LESSEE, in writing, of the appropriate monthly rental rate, as adjusted. If LESSOR does
not object to LESSEE's calculation of the rate adjustment as provided herein, then the rate
adjustment provided by LESSEE shall be deemed approved. In any event, beginning with the
monthly payment due April 1 of each year, LESSEE shall pay the adjusted monthly rate as
determined herein. If, for any reason, the CPI adjustment would result in a decrease in the
monthly rental due, the previous year's rental shall remain in effect. In no event shall the monthly
rental rate be decreased.
It is further agreed by LESSOR and LESSEE that LESSOR shall have the option to renew
such Lease for two additional periods of five (5) years each, the initial monthly rental for the
renewal to be at the last rate of the original term, with a like payment due on or before the first
day of each month thereafter during the remainder of the term of the first option. The granting
of said first option shall be on substantially the same terms and conditions of this original Lease,
including the annual rental CPI adjustment. LESSOR shall send written notice to LESSEE sixty
(60) days in advance of the end of the original term or optional extended term notifying LESSEE
or LESSOR's intention to extend the Lease for an additional five (5) year period.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
Lease Ae.reement - page 2
1. That LESSEE pay to LESSOR, or order, at the City Hall in the City of Paris, the
agreed rental in-advance, promptly and without neglect, default, and delay.
2. That this Lease is subject to all the terms, provisions, and conditions of the deed
of conveyance of such premises from the United States of America to the City of Paris, recorded
in Book 308, Page 287, Deed Records of Lamar County, Texas to which reference is made for
all purposes.
3. That LESSEE, LESSEE's successors or assigns, agrees that, in the event facilities
are constructed, maintained, or otherwise operated on the said property described in this Lease
for a purpose for which a Department of Transportation program or activity is extended or for
another purpose involving the provision of similar services or benefits, the LESSEE shall maintain
and operate such facilities and services in compliance with all other requirements imposed pursuant
to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations
may be amended.
4. That LESSEE, LESSEE's successors and assigns, will complete a Federal Aviation
Administration (FAA) Form 7460-1, "Notice of Proposed Construction or Alteration," and
receive a favorable determination from the FAA prior to any construction on the property.
5. That LESSEE, LESSEE's successors or assigns, agrees that (i) no person, on the
grounds of race, color, creed, sex, age, national origin, or disability shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities; (ii) that, in the construction of any improvements on, over, or under such land and
Lease A2reemenl - page 3
the furnishing of services thereon, no person, on the grounds of race. color, creed. sex, age,
national origiA,-or disability shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination; (iii) that the LESSEE shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
In the event of breach of any of the preceding nondiscrimination covenants, LESSOR shall have
the right to terminate this Lease and any aeronautical permits, and to re-enter and repossess said
land and the facilities thereon, and hold the same as if said Lease had never been made or issued.
6. That LESSEE shall comply with all conditions and requirements established in
Department of Transportation, Federal Aviation Administration, Grant Agreements No. 8-48-
0169-02 and No. 6-48-0169-03,
7. That LESSEE will abide by and comply with all rules, regulations, ordinances, and
laws pertaining to the use of the airport located at Cox Field, including but not limited to the City
of Paris Airport Manual and Federal Aviation Administration rules and regulations pertaining to
Cox Field, and in addition thereto will abide by and comply with all ordinances of the City of
Paris and all laws of the State of Texas governing citizens and property within the City of Paris.
8. That LESSEE will Lise such premises only for aeronautical activities for which
LESSEE holds a permit issued by the City of Paris in accordance with Article II of Chapter 6 of
the Code of Ordinances of the City of Paris. This Lease shall not constitute the issuance of any
such permit. LESSEE takes the premises in an "as is" condition, and represents to LESSOR that
Lease Aereement - page 4
it has inspected or is familiar with the premises and accepts such premises in an "as is" condition.
This Lease is entered into without any warranty of habitability, suitability, or fitness of purpose.
9. That LESSEE will take good care of the leased premises and be responsible and
make good to LESSOR all injuries and damages to the same caused by LESSEE or those under
him and will deliver same to LESSOR at the expiration or termination of this Lease in as good
condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the
expiration of this Lease, peaceably yield up to LESSOR all and singular the premises and all future
erections, additions, or repairs to or upon same, in good repair, including but not limited to the
main hangar building and permanent installation of equipment and fixtures.
10. That LESSEE shall payor cause to be paid all charges for water, heat, gas,
electricity, sewers, and all other utilities used on the premises throughout the term of this Lease,
including any connection fees.
11. That all improvements made upon the said premises by LESSEE, or at LESSEE's
instance or request, shall at once become the property of LESSOR and shall be surrendered to
LESSOR at the termination or expiration of this Lease; except wherein it is specifically provided
for ownership to remain in LESSEE.
12. That it shall be lawful for LESSOR's Airport Manager to enter upon and into the
leased premises, and every part thereof, at all times for the purpose of inspecting and examining
the condition thereof.
13. That it is understood and agreed that nothing herein contained shall be construed
to grant or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal
Aviation Act of 1958 or for aeronautical activities such as, but not limited to:
Lease Aereemenl - page 5
a) charter operations.
b) pilot training
-(;-) aircraft rental
d) aerial photography
e) crop dusting
t) sale of aviation petroleum products
g) air carrier operations
h) aircraft sales and service incidental thereto
i) any other activity which, because of its direct relationship to the operation
of aircraft, can be regarded as an aeronautical activity. ..
14. That if, during the term of this Lease, the demised premises or the improvements
thereon shall be injured or destroyed by fire or the elements, or through any other cause, and without
the fault or neglect of LESSEE, LESSEE's servants, employees, agents, visitors, or licensees, so as
to render in the LESSOR's opinion the demised premises unfit for occupancy, or so as to make it
impossible to conduct the business of the LESSEE thereon, or to such an extent that the premises
cannot be repaired with reasonable diligence within a reasonable period of time from the happening
of such injury, then LESSOR may terminate this Lease and the term herein demised from the date
of such damages or destruction. and the LESSEE shall immediately surrender the demised premises
and all interest thereon to LESSOR, and the LESSEE shall pay the rent only to the time of such
surrender; and in case of any such destruction or injury. the LESSOR may re-enter and repossess the
demised premises discharged to this Lease, and may dispossess all parties then in possession thereof.
But if, in the opinion of the LESSOR. the demised premises can be restored within a reasonable
period of time from the happening of the injury thereto, and the LESSOR within sixty (60) days from
the occurrence of such injury elects in writing to so repair or restore said premises within a
reasonable period of time from the happening of the injury thereto, then this Lease shall not end or
terminate on aeeount of such injury by fire or otherwise, but the rent shall not run or accrue after the
Lease A2reement - page 6
injury and during the process of repairs, and up to the time when repairs shall be completed, except
only that the tenant shall, during such time, pay a pro rata portion of such rent apportioned to the
portion of the devised premises which are in condition for occupancy or which may be actually.
occupied during such repairing period. If, however, the demised premises shall be so slightly injured
by any cause aforesaid, as not to be rendered unfit to occupancy, then the LESSOR shall repair the
same with reasonable promptness, and in that case the rent shall not cease or be abated during such
repairing period. Provided, however, the provisions of this paragraph shall not apply in case the fire
or other injury shall be caused by the fault or negligence of the LESSEE, its servants, employees,
agents, visitors, or licensees; but, in such case, the LESSEE, its successors and assigns, shall be
liable for the full amount of the rent reserved during the period of repair, and for all damages which
may by suffered or incurred by the LESSOR, to the extent same exceed any insurance proceeds
maintained by the LESSOR on such property. In any event, all improvements or betterments placed
by the LESSEE on the demised premises shall, however, be repaired and replaced by the LESSEE
at LESSEE's own expense and not at the expense of the LESSOR. Ifcommencement or completion
of any repairs provided hereunder is delayed through no fault of LESSOR and is due exclusively to
a civil commotion, action of God, strikes, governmental restrictions or regulations, failure to receive
insurance proceeds in a timely fashion, or other interferences, or any other reason beyond the control
of the LESSOR, whether similar to any of those enumerated or not, the time for commencement or
completion, or both, of the restoration will automatically be extended for the period of such delay.
15. That LESSEE will not assign this Lease or sublet the leased premises or any part
thereof without the written consent of LESSOR, in writing, first had and obtained.
Lease Aereement - page 7
16. That LESSEE shall not cause or permit any mechanics' liens or other liens to be
filed against tOO- fee of the premises or against LESSEE's leasehold interest in the land or any
buildings or improvements on the leased premises by reason of any work, labor, services, or
material supplied or claimed to have been supplied to LESSEE or to anyone holding the premises
or any part of it through or under LESSEE. If such a mechanic's lien or materialman's lien is
recorded against the premises or any building or improvements on the premises, LESSEE shall
either cause the same to be removed or, if LESSEE, in good faith, desires to contest the lien, take
timely action to do so, at LESSEE's sole expense. If LESSEE contests the lien, LESSEE agrees
to indemnify LESSOR and hold LESSOR harmless from all liability for damages occasioned by
the lien or the lien contest and shall, in the event of a judgment or foreclosure on the lien, cause
the lien to be discharged and removed prior to execution of the judgment.
17. That, at all times during the term of the Lease, LESSEE shall maintain insurance
coverage for all obligations assumed by LESSEE under this Lease, including, but not limited to,
potential loss of improvements to or contents of the hangar as a result offire or other cause, extended
coverage for any losses caused by the negligence or fault of the LESSEE, or LESSEE's servants,
employees, agents, visitors, or licensees, whether by fire or otherwise, to the extent and in the
amount deemed necessary by LESSOR. This insurance shall be carried by insurance companies
authorized to transact business in Texas, selected by LESSEE and approved by LESSOR whose
approval shall not be unreasonably withheld. The insurance shall be paid for by LESSEE and shall
be in amounts not less than the full amount necessary to maintain coverage for the obligations of
LESSEE under this Lease. Such policy or policies of insurance shall name LESSOR and LESSEE
as named insured.
Lease Aereement - page 8
18. That LESSEE agrees to obtain and maintain construction liability insuranct! at all
times when demolition, excavation, or construction work is in progress on the premises. This
insurance shall be carried by insurance companies authorized to transact business in the state of
Texas, selected by LESSEE and approved by LESSOR, and shall be paid for my LESSEE. This
insurance shall have limits of not less than $100,000 for property damage and $250,000 for one
person and $500,000 for one accident for personal injury and shall protect LESSOR and LESSEE,
as well as any other person or person LESSEE may designate, against all liability for injury or
damage to any person or property in any way arising out of demolition, excavation, or
construction work on the premises.
19. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR from
and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind
and character whatsoever for damage or injuries to persons and/or property occurring on the
leased premises resulting from LESSEE's, LESSEE's invitees, agents, servants or employee's use,
and LESSOR shall not be liable to LESSEE, LESSEE's invitees, agents, servants, employees or
visitors due to the improvements located thereon, or hereafter constructed, or any other condition
of the premises being improperly constructed, maintained or being or becoming out of repair;
LESSEE hereby waives any defects therein and agree to hold and save LESSOR harmless from
all claims for any such damages or injuries, and LESSEE must, at all times during the term of this
Lease, and any extensions hereof, keep and maintain, in full force and effect, a policy or policies
ofinsurance, providing at least $500,000.00 per person and $500,000.00 for any single occurrence
for bodily injury or death and $500,000.00 for any single occurrence for injury to or destruction
of property, indemnifying all persons for any and all damages, personal injuries or property
Lease Aereement - page 9
damages sustained in or upon the premises of said leased property, or any part thereof, as the
result of the negligence of LESSEE, LESSEE's invitees, agents, servants or employees, and shall
pay all premiums due thereon when due.
20. With regard to all insurance required under this Lease, it is expressly provided that
such insurance policy or policies shall and must be written and issued by a reputable insurance
company or companies, with LESSOR as an additional insured, subject to approval by the City
Attorney of the City of Paris, and LESSEE or LESSEE's insurance carrier or carriers shall deliver
a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas
75460, or furnish to said City Clerk a current letter or certificate from such company or
companies, evidencing the fact that such insurance is in full force and effect at all times during this
Lease, and any extension hereof, and specifically noting thereon that LESSOR is an additional
insured. All such policies shall be written so that the LESSOR will be notified of cancellation or
of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of
such cancellation or amendment. Notice shall be by certified mail, return receipt requested,
addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037,
Paris, Texas 75461-9037. That LESSEE agrees that if LESSEE does not keep all insurance
required under this Lease in full force and effect, LESSOR may declare this Lease, and all rights
and interest created by it, to be terminated, notwithstanding the provisions of paragraph 28 of this
Lease.
21. LESSEE shall not rent the premises, or any part thereof, for aircraft storage unless
a permit under Article II, Chapter 6 of the Code of Ordinances of the City of Paris, has been
issued to LESSEE for that specific purpose.
Lease Aereement - page \0
22. That LESSEE shall not use, or permit the use of, said premises, or any part thereof,
for any purpose which would interfere with landing or taking off of aircraft at the airport, or
which is determined dangerous or hazardous to the airport operation by the Airport Manager.
This includes interference from such items as electrical or electronic equipment, creation of smoke
or dust or glaring or misleading lights.
23. That all runways and airport facilities shall be open to the general traveling public
for the landing and operating of aircraft therefrom without hindrance or interference on the part
of LESSEE.
24. That the LESSEE has the non-exclusive right to use, in common with others, all
public airport facilities and improvements ofa public nature, including, but not limited tO,landing,
taxiing, parking areas, and other common-use facilities.
25. That the LESSOR has the right to take any action it considers necessary to protect
the aerial approaches of the airport against obstruction, together with the right to prevent LESSEE
from erecting, or permitting to be erected, any building or other structure on the airport which,
in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard to
aircraft.
26. That LESSEE shall pay and discharge all taxes, general and special assessments,
and other charges of every description which are levied on or assessed against the leased premises
and all interests in the leased premises and all improvements and other property on the lease
premises during the term of this Lease, whether belonging to LESSOR or to LESSEE. LESSEE
shall pay all such taxes, charges, and assessments directly to the public officer charged with their
collection not less than fifteen (15) days before the same shall become delinquent, LESSEE shall
Lease Aoreement - page 11
have the right in good faith at its own sole cost and expense to contest any such taxes, charges,
and assessmeflts, and shall be obligated to pay the contested amount, plus any penalties and
interest imposed, only if and when finillly determined to be due. At any time that the payment of
any item of taxes, special assessments, or governmental charges which LESSEE is obligated to
pay under the provisions of this paragraph remain unpaid and contested later than fifteen (15) days
before the same shall become delinquent, LESSOR may declare this LEASE, and all rights and
interest created by it, to be terminated, pursuant to the provisions of paragraph 28 hereof.
27. That the LESSEE shall provide duly licensed aircraft engine and accessory
maintenance at Cox Field throughout the term of this Lease, or any extension hereof, and this
Lease is specifically conditioned upon such service being provided by LESSEE; in the event that
said service terminates or is inadequate, then LESSEE shall be in material default of this Lease
and subject to all remedies available to LESSOR for such default.
28. Should LESSEE default in, or fail or refuse to keep any of the covenants,
conditions, stipulations and/or provisions herein contained, notice hereof shall be given in writing
to LESSEE by LESSOR's Airport Manager, giving LESSEE thirty (30) days to correct such
discrepancy, and, in the event such default, failure or refusal is not corrected within said thirty
(30) day period, a second notice, in writing, by certified mail, affording a hearing before the
Airport Advisory Board, on a day certain, shall be given to LESSEE by LESSOR's Airport
Manager. After affording LESSEE such hearing, the Airport Advisory Board shall recommend
to the City Council that the Lease continue or be terminated, and thereafter the City Council shall
take such action as it deems necessary.
Lease Aereement - page 12
29. That the LESSOR has the right to temporarily close the airport or any of the
facilities thereon for maintenance, improvements, or for the safety of the public.
30. That the LESSOR may, at its option, terminate this Lease as to the entire hangar
building, or any part thereof, which may be necessary, in the event the LESSOR desires to use
the property, or any portion thereof, for necessary municipal functions, such as extension of
runways or erection of other airport facilities. In the event of either of the above contingencies,
the LESSOR shall give the LESSEE ninety (90) days notice, in writing, of its intention to so
utilize the building, or any portion thereof, for the above specified purposes. In the event this
option is exercised by the LESSOR, LESSEE shall be paid, as LESSEE's sole consideration, the
fair market value of improvements previously made by LESSEE to the premises and authorized
by LESSOR, said fair market value to be determined as of the time the LESSOR exercises the
right of termination as provided in this paragraph. In no event shall LESSOR be liable for a claim
of lost profits, lost benefit, or other similar claims as a result of termination under this paragraph.
3 I. During time of war or national emergency, LESSOR shall have the right to lease
the landing areas or any part thereof to the United States Government for military or naval use,
and, if such lease is executed, the provisions of this instrument, insofar as they are inconsistent
with the provisions of the lease to the Government, shall be suspended.
32. That the waiver by LESSOR of any breach by LESSEE of the terms, covenants,
conditions, or provisions of this Lease shall not be deemed to be a waiver of any other breach of
the same or other term, covenant, condition, or provision of this Lease, regardless of when the
breach has occurred.
Lease Aereement - page 13
33. That, in the event of termination of this Lease by LESSOR, LESSOR shall be
entitled to th~ediate possession of the premises. LESSEE agrees that it will not interfere with
LESSOR's possession of the premises in any way if LESSOR takes possession under this
paragraph.
34. That, in case anyone or more of the provisions contained in this Lease shall, for
any reason, be held by a Court of competent jurisdiction to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of the Lease, and this Lease shall be construed as if the invalid, illegal, or unenforceable provision
had never been included in the agreement.
35. That this Lease constitutes the sole and only agreement of the parties to this Lease
and supercedes any prior understandings or written or oral agreements between the parties
respecting the subject matter of this Lease.
36. That no amendment, modification, or alteration of this terms of this Lease shall be
binding unless it is in writing, dated subsequent to the date of this Lease, and duly executed by
the parties of this Lease.
37. That the rights and remedies provided by the Lease are cumulative, and the use of
anyone right or remedy by LESSOR shall not preclude or waive its right to use any or all other
remedies. These rights and remedies are given in addition to any other rights the LESSOR may
have by law, statute, ordinance, or otherwise.
38. That if, as a result of a breach of this Lease by LESSEE, LESSOR employs an
attorney or attorneys to enforce its rights under this Lease, then LESSEE agrees to pay LESSOR's
reasonable attorney's fees and costs incurred to enforce the Lease.
Lease Aereement - page 14
39. All notices required under this Lease must be given by certified mail or regislered
mail, addressee to the proper party, at the following addresses:
LESSOR
City Manager
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
LESSEE
Mary Ellen Brown, CEO
Progressive Marketing Group
4821 Keller Springs Road
Addison, TX 75001
Either party may change the address to which notices are to be sent by giving the other
party notice of the new address in the manner provided in this paragraph.
40. That this Lease shall be binding upon, and inure to the benefit of, the respective
heirs, executors, administrators, legal representatives, successors, and assigns when permitted by
this Lease.
41. That this Lease shall be construed under, and in accordance with, the laws of the
State of Texas, and all obligations of the parties created by this Lease are performable in Lamar
County, Texas. Venue for State court actions arising under this Lease shall be exclusively in the
courts of Lamar County, Texas; venue for federal court actions arising under this Lease shall be
exclusively in the federal courts for the Eastern District of Texas.
EXECUTED ON the dates shown in acknowledgments below.
CITY OF PARIS, LESSOR:
By:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
Lease Aereement - page IS
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
PROGRESSIVE MARKETING GROUP
By:
Kenny Helm, Chief Pilot
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E.
MALONE, City Manager of the City of Paris, Paris, Texas, 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 purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 10th day of April, 2000.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared KENNY
HELM, Chief Pilot of Progressive Marketing Group, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same
for the purposes and consideration therein expressed.
Lease Aereement - page 16
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of
,2000.
Notary Public, State of Texas
Lease Aereement - page 17