1996-122-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 1ST DAY OF AUGUST 1979
RESOLUTION NO. 96-122
WHEREAS, the City Council of the City of Paris did heretofore, on the 1st day of
August, 1979, in Resolution No. 1924, approve the execution of a Lease Agreement with F.
Andrew Fasken, Harley Wagnon, and Lorna Alto Corporation for hangar space at Cox Field
Airport; and,
WHEREAS, the leased premises has been partitioned and the lease partially assigned,
resulting in Billy Winters and wife, Donna Winters, being assigned the north hangar space
accessible from the east and the office space adjacent thereto, same being in the northwest corner
of the hangar building; Russell Gifford being assigned the center hangar space accessible from the
west; and Lorna Alto Corporation being assigned the south hangar space accessible from the east
and the adjacent storage area lying in the southwest corner of the hangar building; and,
WHEREAS, during the term of the lease, the hangar has fallen into disrepair due to the
elements, and the lessees have expressed a desire to extend the term of the lease and make all
necessary repairs and renovations to the leased premises at their own expenses; and,
WHEREAS, because the cost of repairing and renovating the hangar could be
considerable, it is deemed appropriate that the lease agreement be amended to extend the term of
the lease, and the form of the First Amended Lease Agreement, attached hereto as Exhibit A,
should, in all things, be approved, and the City Manager, Michael E. Malone, should be
authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
form of the First Amended Lease Agreement with Loma Alto Corporation, Russell Gifford, and
Billy Winters and wife, Donna Winters, attached hereto as Exhibit A, be, and the same is hereby,
approved; and,
BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and he
is hereby, authorized and directed to execute, on behalf of the City of Paris, the First Amended
Lease Agreement under the terms and conditions and in the form shown in Exhibit A, attached
hereto .
PASSED AND ADOPTED this 7th day of November, 1
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ATTEST:
~~tt, "~'~~~51M()_)
Mattie Cunningham, City Clerk
TO FORM:
FIRST AMENDED
LEASE AGREEMENT
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS
THIS LEASE AGREEMENT is made this 7th day of November, 1996, 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 LOMA
ALTO CORPORATION, 6210 N. Central Expressway, Dallas, Dallas County, Texas, acting by
and through Larry Ferguson, duly authorized, RUSSELL GIFFORD, 2915 Margaret Street, Paris,
Lamar County, Texas, and BILLY WINTERS and wife, DONNA WINTERS, 1825 F.M. Road
195, Paris, Lamar County, Texas, hereinafter referred to as LESSEES.
WITNESSETH
For and in consideration of the repair and renovation of the leased premises shown in
Exhibit "A", attached hereto, and the sum of Twelve Thousand and no/lOO Dollars ($12,000.00)
payable to the CITY OF PARIS, a municipal corporation, as follows: $100.00 on or before
August 1, 2004, with a like payment on or before the 1st day of each month thereafter during the
remainder of the term hereof; the CITY OF PARIS does hereby lease, rent, and let unto LOMA
ALTO CORPORATION the south hangar space shown on Exhibit "A", unto RUSSELL
GIFFORD the center hangar space shown on Exhibit" A", and unto BILLY WINTERS and wife,
DONNA WINTERS, the north hangar space shown on Exhibit "A", which said hangar is located
on that portion of Cox Field property described in Exhibit "B", attached hereto and made a part
hereof for all legal purposes.
The term of this Lease is THIRTY-FIVE (35) years, beginning on the 1st day of August,
1979, and ending on the 31st day of July, 2014.
It is further agreed to by LESSOR and LESSEES that LESSEES shall have the option to
renew such Lease for an additional period of FIVE (5) years, the rental for the renewal to be
based on either $.06 per square foot or the fair market value at the time of exercising such first
option, whichever is greater, payable to the CITY OF PARIS, a municipal corporation, as
follows: The amount determined at the time of the exercising of the first option is payable on or
before the 1st day of August, 2014, with a like payment on or before the 1st day of each month
Lease Agreement - page 1
EXHIBIT A
thereafter during the remainder of the term of the first option, which ends July 31, 2019. The
granting of said first option is subject to the requirements set forth in paragraph 18.
It is further agreed to by LESSOR and LESSEES that LESSEES shall have a second option
to renew such Lease for a period of FIVE (5) years, the rental for the second renewal to be based
on either $.06 per square foot or the fair market value at the time of the exercising of such second
option, whichever is greater, payable to the City of Paris, a municipal corporation, as follows:
The amount determined at the time of the exercising of the second option is payable on or before
the 1st day of August, 2019, with a like payment on or before the 1st day of each month thereafter
during the remainder of the term of the second option, which ends July 3 I, 2024. The granting
of said second option is subject to the requirements set forth in paragraph 18.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEES:
1. That LESSEES 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 LESSEES, their successors or assigns, agree that, in the event facilities are
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constructed, m~intained, or otherwise operated on the said property described in this Lease for
a purpose for which a Department of Transportation p~ogram or activity is extended or for another
purpose involving the provision of similar services or benefits, the LESSEES 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 2 I, 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 LESSEES, their successors or assigns, agree that (I) no person, on the grounds
of race, color or national origin, shall be excluded from participation in, denied the benefits of,
Lease Agreement - page 2
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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 the furnishing of services thereon, no
person, on the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to, discrimination; (iii) that the LESSEES 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.
5. That LESSEES 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.
6. That LESSEES 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.
7.
That LESSEES will use that portion of such premises in their possessions for
private hangar space and for aeronautical activities for which they hold permits issued by the City
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of Paris in accidance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris.
8. That, in the course of using such pren;ises for the permitted purposes, LESSEES
agree to repair and renovate, at their own expenses and in accordance with plans and
specifications approved by LESSOR, the T-hangar building and apron in pursuit of such uses.
LESSEES must acquire a building permit or permits from the City of Paris, and such structure,
as repaired and renovated, will not violate any of the mles or regulations of the City of Paris or
the Federal Aviation Administration. It being agreed and understood that LESSEES shall be
responsible for electric utilities furnished to the hangar building during the term of this Lease.
9. That LESSEES 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 LESSEES or those under
Lease Agreement - page 3
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them 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 LESSEES 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 hangar buildings, storage buildings, permanent installation of equipment and fixtures, and
fences.
10. That all improvements made upon the said premises by LESSEES, or at their 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.
11. 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.
12. That LESSEES, with the consent of LESSOR in writing, first had and obtained,
have the right to assign this Lease or sublet any part of the leased premises, with such assignee
having all rights, privileges and obligations contained in this Lease.
13. That LESSEES agree 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 LESSEES', their invitees', agents', servants', or employees' use,
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and LESSOR !hall not be liable to LESSEES, their invitees, agents, servants, employees, or
visitors due to the improvements located thereon, or ~ereafter constructed, or any other condition
of the premises being improperly constructed, maintained, or being or becoming out of repair;
LESSEES hereby waive any defects therein and agree to hold and save LESSOR harmless from
all claims for any such damages or injuries, and LESSEES 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 of insurance, providing at least $250,000.00 per person and $500,000.00 for any single
occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or
destruction of property, indemnifying all persons for any and all damages, personal injuries or
property damages sustained in or upon the premises of said leased property, or any part thereof,
Lease Agreement - page 4
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as the result of the negligence of LESSEES, their invitees, agents, servants, or employees, and
shall pay all premiums due thereon when due. 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 LESSEES, or their 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.
14.
LESSEES will 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 them for that specific purpose.
15. That LESSEES will not use, or permit the use of, said premises, or any part
thereof, for any purpose which is determined dangerous or hazardous to the airport operation by
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Airport Manag~r.
16. Should LESSEES default in or fail,or refuse to keep any of the covenants,
conditions, stipulations, and/or provisions herein contained, notice thereof shall be given, in
writing, to LESSEES by LESSOR's Airport Manager, giving LESSEES 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 LESSEES by LESSOR's Airport
Manager. After affording LESSEES 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 Agreement - page 5
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17. That the LESSOR may, at its option, terminate this Lease as to the entire tract, 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 LESSEES ninety (90) days notice, in writing, of its intention to so utilize the tract,
or any portion thereof, for the above specified purposes. In the event of either of the above
contingencies, the LESSOR shall have the option pursuant to Paragraph 19 of this Lease to satisfy
its obligation of compensation to LESSEES.
18. In the event LESSEES shall keep each and every agreement contained herein and do
and perform all the obligations required of them hereunder during the primary term of this Lease,
an option is hereby given and granted to LESSEES to renew and extend this Lease for a period
of FIVE (5) years from and after the expiration of this agreement, which option may be exercised
by LESSEES giving notice, in writing, of their intention to renew said lease ninety (90) days prior
to the expiration of the primary term hereof, and shall be under such terms as previously
provided.
Further,' in the event LESSEES shall keep each and every agreement contained herein and
do and perform all the obligations required of them hereunder during the first option of this Lease,
a second option is hereby given and granted to LESSEES to renew and extend this Lease for a
period of FIVE (5) years from and after the expiration of said first option, which second option
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may be exercisid by LESSEES giving notice, in writing, of their intention to renew said lease
ninety (90) days prior to the expiration of the first option hereof, and shall be under such terms
as previously provided.
19. In the event of a termination of this Lease by the City of Paris, as permitted herein
during the primary term of said Lease, the City of Paris will be obligated to pay to LESSEES 1/35
of the original cost of said hangar and apron and the cost of any renovations of repairs thereto
made under this Lease, multiplied by the number of years remaining in the primary term of this
Lease, which ends November 30, 2014. In the alternative, in lieu of payment for termination
during the primary term of this Lease, the City of Paris may agree to give LESSEES hangar space
of equal quality, size and usefulness, at no expense to LESSEES, for the remainder of the primary
Lease Agreement - page 6
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term of this Lease.
In the event that final termination of said Lease occurs during the first option, there shall
be no payment due LESSEES. However, the City of Paris may agree to give LESSEES hangar
space of equal quality, size and usefulness, and LESSEES are granted the right to lease such
substitute space for FIVE (5) years at a rental based on either $.06 per square foot or the fair
market value at the time of such termination, whichever is greater, payable to the CITY OF
PARIS, a municipal corporation, payable as aforesaid.
In the event that final termination of said Lease occurs during the second option, there shall
be no payment due LESSEES. However, the City of Paris may agree to give LESSEES hangar
space of equal quality, size and usefulness, and LESSEES are granted the right to lease such
substitute space for FIVE (5) years, at a rental based on either $.06 per square foot or the fair
market value at the time of such termination, whichever is greater, payable as aforesaid.
20. The terms of this Lease are binding on, and the benefits herein inure to, the heirs,
administrators and executors of LESSEES.
EXECUTED ON the dates shown in acknowledgments below.
CITY OF PARIS, LESSOR:
By:
Michael E. Malone, City Manager
ATTEST:
,
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
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.
Lease Agreement - page 7
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1996.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of November,
Notary Public, State of Texas
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Lease Agreement - page 8
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LOMA ALTO CORPORATION
By:
Larry Ferguson
STATE OF TEXAS )
)
COUNTY OF )
BEFORE ME, the undersigned authority, on this day personally appeared LARRY
FERGUSON, 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 _ day of November,
1996.
Notary Public, State of Texas
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Lease Agreement - page 9
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LESSEE
Russell Gifford
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared RUSSELL
GIFFORD, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of November,
1996.
Notary Public, State of Texas
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Lease Agreement - page 10
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LESSEES
Billy Winters
Donna Winters
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared BILLY
WINTERS and DONNA WINTERS, known to me to be the persons whose names are subscribed
to the foregoing instrument, and acknowledged to me that they executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of November,
1996.
Notary Public, State of Texas
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Lease Agreement - page 11
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SGlJle 1"=30'
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EXHIBIT A
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BEGINNING at a point that is 100 feet West of
the North West Corner of the open bay T-Hangars
immediately West of the drainage channel, Cox Field,
Paris, Texas;
lliENCE West 50 feet to a point;
THENCE South 131 feet to a corner;
THENCE East 50 feet to a corner;
lliENCE North 131 feet to the place of
beginning, the same being parallel to said open
bay hangars.
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EXHIBIT B