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1996-123-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 8TH DAY OF APRIL 1996 RESOLUTION NO. 96-123 WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of April, 1996, in Resolution No. 96-035, authorized the execution of a Right-of-Entry Permit at Cox Field Airport to the Federal Aviation Administration for the purpose of surveying a new site for the proposed relocation of the existing remote center air/ground communications facility (RCAG), remote communications outlet (RCO), and direction finder (DF); and, WHEREAS, the new site has been determined for the relocation of the existing remote center air/ground communications facility (RCAG) and the form of Lease No. DTFA07-97-L-01103, RCAG Site and Access Road, Cox Field Airport, Paris, Texas, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 01<' THE CITY OF PARIS, that the form of Lease No. DTFA07-97-L-Ol103, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Lease No. DTFA07-97-L-Ol103 with the Federal Aviation Administration for the RCAG Site and Access Road at Cox Field Airport, Paris, Texas, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 1 Ith day of November, 1996. Jlf!j::.i.,"7 ATTEST: ~~s,~~~""-,~~~ Mattie Cunningham, City CI k .. U.S. Department of Transportation I " " FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, Texas 76193-0054 Lease No. DTFA07-97-L-OII03 RCAG Site and Access Road Cox Field Airport Paris, Texas LEASE Between CITY OF PAlUS, TEXAS and I THE UNITED STATES OF AMERICA . THIS LEASE, made and entered into this 11 th day of November , in the year 1996, by and between the CITY OF PARIS, TEXAS, whose address is P.O. Box 9037, Paris, Texas 75461-9037, for itself or its successors, and assigns, hereinafterreferred to as the Lessor and the UNITED STATES OF AMERICA, hereinafter referred to as the Government: WInkSSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES: For the term beginning November 11, 1996 , and ending September 30, 1997, the Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: REMOTE CENTER AIR/GROUND COMMUNICATIONS (RCAG) SITE A 140-foot by 140-foot tract ofIand out of a tract ofIand deeded to the City of Paris, Lamar County, Texas, and being a part of Cox Field Airport, containing 0.450 acre more or less, as further described on Exhibit "A", identified as Drawing No. THX-RCAG-RE01, dated June 6, 1996, attached hereto and made a part hereof. ACCESS ROAD AND UTILITY EASEMENT I A 50.00 feet wide access easement out of a tract of land deeded to the City of Paris, Lamar County, Texas, and being a part of Cox Field Airport, containing 0.352 acre more or less, as further described on Exhibit "A", identified as Drawing No. THX-RCAG-RE01, dated June 6, 1996, attached hereto and made a part hereof. EXHIBIT A Lease No. DTFA07-97-L-OII03 RCAG Site and Access Road Cox Field Airport Paris, Texas , 'I h (a) Together with a right-of-way for ingress to and egress from the premises; a right- of-way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. 'I \ ~ ( c) Arid the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. , 2. REN~WALOPTION: This lease may, at the option of the Government, may be renewed from year to year and otherwise upon the terms and conditions herein'specified. The Government's options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives thirty (30) days' notice that it will not exercise its options, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September 2012. 3. RENT: The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation, and maintenance of the RCAG facility upon the premises hereby leased. 4. CANCELLATION: The Government may terminate this lease at any time by giving at least 30 days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail. 2 Lease No. DTFA07-97-L-OII03 RCAG Site and Access Road Cox Field Airport Paris, Texas 5. NON-RESTORATION: It is hereby agreed between the parties, that upon termination of its occupancy, the Government shaU have no obligation to restore and/or rehabilitate, either whoUy or partially, the property which is the subject matter of this lease. It is further agreed the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 6. INTERFERENCE WITH GOVERNMENT OPERATIONS: \ The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the termS of this lease unless consent hereto shall first be secured from the Government in writing. 7. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES: The L&sor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics !ofthe Government's facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. 8. HAZARDOUS SUBSTANCE CONTAMINATION: The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and aU other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. . 3 L eNo.DTFA07-97-L-Oll03 RCAG Site and Access Road Cox Field Airport Paris, Texas 9. QUIET ENJOYMENT: The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 10. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 11. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability or, in its discretion, to deduct from the lease consideration, or otherwise recover the full amount of the contingent fee. PRO-dST AND DISPUTES: 12. All contract disputes arising under or related to this contract or protests concerning awards of contracts shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply 'only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a contractor or offeror has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within five (5) calendar days of the date that the protester was aware, or should reasonably have been aware, of the agency action or inaction which forms the basis of the protest. Information relating to submitting a protest or dispute will be provided by the Contracting Officer, upon request. 13. LESSOR'S SUCCESSORS: The terms and provisions of this lease and the conditions herein bind the Lessor and its successors and assigns. I 4 Lease No. DTFA07-97-L-OI 103 RCAG Site and Access Road Cox Field Airport Paris, Texas \ " 14. NOTICES: All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other): TO LESSOR: City of Paris, Texas, P.O. Box 9037, Paris, Texas 75461-9037. TO GOVERNMENT: Federal Aviation Administration, Property and Services Branch, ASW-54, Fort Worth, Texas 76193-0054. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written. I: CITY OF PARIS, TEXAS i By: Eric S. Clifford Title: Mayor THE UNITED STATES OF AMERICA BY:~ m/ ~ Lottie M. Kirsch Title: Contractinl: Officer 5 I. . i 1 Je No. DTFA07-97-L-Ol103 RCAG Site and Access Road Cox Field Airport Paris, Texas CORPORATE CERTIFICATE I, Mattie Cunnin"ham ,certify that I am the City Clerk of the Corporation named in the foregoing agreement, that Eric S. Clifford, who signed said agreement on behalf of said corporation, was then M'IYOT thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 11 th day of November ,1996. , Signed by Mattie Cunningham City Clerk CORPORATE SEAL 6 '" 1-1:;, .j;.,.,;" .~' :" ,~ '. , , ,.,.. ........ , . . , .:.... V1CINI1Y 'MAP"' '. .... '. ' ,.' 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