1995-114-RES WHEREAS, CITY COUNCIL HAS RECEIVED A REQUEST FROM BILLY W AND DONNA J WINTERS
RESOLUTION NO. 95-114
WHEREAS, the City Council of the City of Paris has received a request from Billy W.
and Donna J. Winters to lease property at Cox Field Airport, Paris, Texas, for the purpose of
erecting a building in which to conduct an aeronautical activity; and,
WHEREAS, it is deemed to be in the best interest of the Cox Field operation and the
City of Paris that aeronautical activities for the flying public be encouraged; and,
WHEREAS, the form of the 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 Lease Agreement 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 thirty-five
(35) year lease with Billy W. and Donna 1. Winters for property located at Cox Field Airport,
Paris, Texas, upon the terms and conditions and in the form attached hereto as Exhibit A.
PASSED AND ADOPTED this 9th day of October, 1995.
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ATTEST:
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Mattie Cunningham, City Clerk
APP~OVE/ TO FORM:
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T. K. Haynes, City Attorney
LEASE AGREEMENT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THIS LEASE AGREEMENT is made this 9th day of October, 1995, 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 BILLY
W. WINTERS and DONNA J. WINTERS, 1825 F.M. Road 195, Paris, Lamar County, Texas,
hereinafter referred to as LESSEES.
WITNESSETH
For and in consideration of the payment of the sum of THIRTY-THREE THOUSAND
SIX HUNDRED AND NOnOO DOLLARS ($33,600.00), payable to the CITY OF PARIS, a
municipal corporation, as follows: $280.00 on or before October 15, 2020, with a like payment
on or before the 1 st day of each month thereafter during the remainder of the term hereof, said
CITY OF PARIS does hereby lease, rent and let unto BILLY W. WINTERS and DONNA 1.
WINTERS, that portion of Cox Field property described in Exhibit "A", attached hereto and
made a part hereof for all legal purposes.
The term of this Lease is for THIRTY-FIVE (35) years, beginning on the 15th day of
October, 1995, and ending on the 14th day of October, 2030.
It is further agreed to by LESSOR and LESSEES that LESSEES shall have the option
to renew such Lease for an additional period of TEN (10) years, the rental for the renewal to
be based on the fair market value at the time of renewal, being October 15, 2030.
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
3. That LESSEES, their successors or assigns, agree 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 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 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 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, 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
7. That LESSEES will use that portion of such premises in their possessions for
private hangar space, for aeronautical activities for which they hold permits issued by the City
of Paris in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of
Paris. Further, it is hereby agreed by and between LESSOR and LESSEES that LESSEES shall
be permitted to sublease any or all portions of the premises described in Attached Exhibit "A"
for private hangar space and for aeronautical activities for which sublessee 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.
8. That, if in the course of using such premises for the permitted purposes,
LESSEES desire to build, at their own expense, a hangar building and apron in pursuit of such
uses, LESSEES will be so permitted upon application and approval for building permit or
permits from the City of Paris, of all steel construction, similar in appearance and construction
to the existing enclosed hangars in accordance with the floor plan described in Exhibit B,
attached hereto and made a part hereof for all legal purposes, and such structure will not violate
any of the rules 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. In the event of a termination of this Lease
by the City of Paris, as permitted herein during the first TWENTY-FIVE (25) years of said
Lease, the City of Paris will be obligated to pay to LESSEES 1I25th of the original cost of said
hangar and apron, multiplied by the number of years remaining in the first TWENTY-FIVE (25)
years of this Lease, which ends October 14, 2020. In the event that final termination of said
Lease occurs during the final TEN (10) years of said Lease, there shall be no payment due
LESSEES. In the alternative, in lieu of payment for termination during the first TWENTY-
FIVE (25) years of the 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
first TWENTY-FIVE (25) years of the term of this Lease, and, in such event, LESSEES are
available any other suitable hanger space at the termination of any existing Lease to LESSEES
at fair market value rent.
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
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 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.
11. 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.
12. 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 employee's use,
and LESSOR shall not be liable to LESSEES, their 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; 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
property, or any part thereof, 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.
13. LESSEES will not rent the premises, or any part thereof, for aircraft storage
unless a permit under Article 11, Chapter 6 of the Code of Ordinances of the City of Paris, has
been issued to them for that specific purpose.
14. 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 Airport Manager.
15. Should LESSEES 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 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
16. 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 8 of this
Lease to satisfy its obligation of compensation to LESSEES.
17. 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 acknowledgements 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
LESSEES
Billy W. Winters
Donna J. Winters
STATE OF TEXAS )
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of October,
1995.
Notary Public, State of Texas
STATE OF CALIFORNIA )
)
COUNTY OF )
BEFORE ME, the undersigned authority, on this day personally appeared BILLY W.
WINTERS and DONNA J. 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 October,
1995.
Notary Public, State of California
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FIELD NOTES
Being all that certain tract of land situated about 6.25 miles Southeast of the City of
Paris, Lamar County, Texas, a part of the William Scott Survey, Abstract No. 856 and a part of
the same land described in deed from the United States of America to the City of Paris, recorded
in Volume 308, Page 287, Lamar County Deed Records and being further described as follows:
Commencing at an iron pin for corner at the intersection of the South line of F.M.
Highway 1508 with the East line of F.M. Highway 1508 situated just South of the main entrance
to Cox Field Airport;
Thence North 73 Degrees, 00 Minutes, '10 Seconds East a distance of 1125.49 feet to an
iron pin set at the Southwest corner of this tract;
Thence North 1 Degree, 15 Minutes West a distance of 152.69 feet to an iron pin set for
corner;
Thence North 88 Degrees, 28 Minutes, 35 Seconds East a distance of 139.81 feet to an
iron pin set for corner;
Thence South 1 Degree, 20 Minutes, 40 Seconds East a distance of 152.69 feet to an
iron pin set for corner;
Thence South 88 Degrees, 28 Minutes, 35 Seconds West a distance of 140.06 feet to
the place of beginning and containing 0.49 acre of land.
I, R. Brandon Chaney, Registered Professional Land Surveyor, No. 4057, State of
Texas, certify that the above Plat and Field Notes depict and represent a( actual Survey made
on the ground under my supervision and finished 'S if!- P f-. ) 1995.
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STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State on this day personally appeared R. Brandon Chaney, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledge to me that he executed same
for the purpose and consideration therein expressed. / / \. ~
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -+ L. day of crt) I
A.D. 1995. ~
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