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1995-113-RES WHEREAS, CITY COUNCIL HAS RECEIVED A REQUEST FROM MARK BUSTER RESOLUTION NO. 95-113 WHEREAS, the City Council of the City of Paris has received a request from Mark Buster 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 Mark Buster 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. Eri'~ ATTEST: ~~,,-,-,~~~~ Mattie Cunningham, City Clerk LEASE AGREEMENT COUNTY OF LAMAR ) ) ) KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS 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 MARK BUSTER, P. O. Box 2219, Sulphur Springs, Texas, hereinafter referred to as LESSEE. WITNESSETH For and in consideration of the payment of the sum of THIRTY THOUSAND AND NO/lOO DOLLARS ($30,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $250,00 on or before October 15, 2020, with a like payment on or before the 1st day of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does hereby lease, rent and let unto MARK BUSTER, 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 LESSEE that LESSEE 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 LESSEE: I. 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 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, his successors or assigns, agrees 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; Ciii) 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. 5. 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. 6. 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. 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, LESSEE desires to build, at his own expense, a hangar building and apron in pursuit of such uses, LESSEE will be so permitted upon application and approval for building permit or permits from the City of Paris, of aU 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 LESSEE 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 LESSEE 1/25th 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 LESSEE. 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 LESSEE hangar space of equal quality, size and usefulness, at no expense to LESSEE, for the remainder of the first TWENTY -FIVE (25) years of the term of this Lease, and, in such event, LESSEE is granted the right to lease such substitute space for TEN (10) years for THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00), payable as aforesaid, and an additional option term of TEN (10) years, at a rental rate to be based on fair market value as aforesaid. In the event that LESSOR terminates the Lease, LESSOR will make available any other suitable hanger space at the termination of any 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 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 LESSEE, with the consent of LESSOR, in writing, first had and obtained, has 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 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, his invitees, agents, servants or employee's use, and LESSOR shall not be liable to LESSEE, his 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 agrees 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 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, as the result of the negligence of LESSEE, his invitees, agents, servants or employees, and shall pay 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. LESSEE 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 him for that specific purpose. 14. That LESSEE 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 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. 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 of the above contingencies, the LESSOR shall have the option pursuant to Paragraph 8 of this Lease to satisfy its obligation of compensation to LESSEE. 17. The terms of this Lease are binding on, and the benefits herein inure to, the heirs, administrators and executors of LESSEE. 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 LESSEE Mark Buster 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 _ day of October, 1995. Notary Public, State of Texas 1995. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of October, Notary Public, State of Texas 11 BB'l.O 't{o"[ AO.a' f:j - <:l - ~ C) <B ): , O./t/-1 .4c. N:J ,~ ;3 "'" (!- \<1 .., . . - - ~ ~ SI!f:/Zo'l/O"W BO.O' 5cdfe. './"< SlJ' 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 59 Degrees, 47 Minutes, 20 Seconds East a distance of 1485.88 feet to an iron pin set at the Southwest comer of this tract; Thence North 1 Degree, 39 Minutes, 20 Seconds West a distance of 80.0 feet to an iron pin set for corner; Thence North 88 Degrees, 20 Minutes, 40 Seconds East a distance of 80.0 feet to an iron pin set for corner; Thence South 1 Degree, 39 Minutes, 20 Seconds East a distance of 80.0 feet to an iron pin set for corner; Thence South 88 Degrees, 20 Minutes, 40 Seconds West a distance of 80.0 feet to the place of beginning and containing 0.147 acre of land. I, R. Brandon Chaney, Registered Professional Land Surveyor, No. 4057, State of Texas, certify that the above Pial and Field Notes depict and represent an actual Survey made on the ground under my supervision and finished S e- D -1-. I { 1995. I .... R. Brandon Chaney, R.P.L.S. NO.4 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 there.in expressed. I (i. \' / . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this + day of I eft- " A D 1995 .......,......" ., . ...." l H '" .' "-'" . A, " ~~v'\r *YIAf'.. ,.,....U~ o",t>.RY Pf.J~ -7c.r.'~ :~ "*<-0 0'::. E Z; . . . . : ~ ~: ':. -fJ-. :..-4.." : ':. S' OF'\"'" : lJt~ti.k NOTARY PUBLIC. STATE OF TEXAS