1993-012-RES WHEREAS, the City of Paris did heretofore by Resolution No. 88-009, authorize Cox Field Fixed Base
RESOLUTION NO, 93-012
WHEREAS, the City of Paris did heretofore by Resolution
No. 88-009, authorize Cox Field Fixed Base Operator Lease
wi th J, B, Richey, Inc., wh ich began on the 8 th day of
February, 1988, and expires on the 7th day of February, 1993;
and,
WHEREAS, said lease contained therein an option for 5
years; and,
WHEREAS, J. B. Richey has negotiated a change to
paragraph I of Article III, Article IV, paragraphs B & C of
Article V and paragraph B of Article VIII, to be included in
a new lease, a copy of which is attached hereto as Exhibit A,
which new lease covers a primary term of 5 years with a 5
year lease option being given to Lessee; and,
WHEREAS, it is deemed to be in the best interest of the
citizens of the City of Paris that said lease be approved and
executed; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that said Cox Field Fixed Base Operator Lease from J. B.
Richey, Inc., in the form of Exhibit A attached hereto, is
hereby approved,
BE IT FURTHER RESOLVED, that the Mayor of the City of
Paris, George Fisher, be, and he is hereby authorized and
directed to execute on behalf of the City of Paris, Cox Field
Fixed Base Operator Lease attached hereto as Exhibit A.
Passed and adopted this 4th day of February, 1993,
~isi~r
ATTEST:
~ ~~\. \. ~~~~\~~~
Mattie unning am, City lerk
COX FIELD FIXED BASE OPERATOR LEASE
THE STATE OF TEXAS I
I
COUNTY OF LAMAR I
KNOW ALL MEN BY THESE PRESENTS:
This contracr and lease agreement is made by and
between the City of Paris, a municipal corporation located
in Lamar County, Texas, acting by and through its Mayor
George Fisher, duly authorized, hereinafter called "lessor"
and J. B. Richey, Inc., a Texas corporation, Rt. 1, Bex 98,
Cooper, Texas 75432, hereinafter called "lessee."
\'''!i tnesseth"
Whereas, lessor O\vns and operates
after called ",drport", localed in the
State of Texas, and
Cox Field,
County of
herein-
Lama r ,
Whereas, lessor deems it
its operation of the airport
privileges, rights, uses and
after set out; and
advantageous to itself and to
to lease unto lessee certain
interests therein, as herein-
vlhereas, lessee proposes to
basis from lesser certain ground
of certain privileges, uses and
and
lease
space,
rights
on a generally net
and to avail itself
pertaining thereto;
Whereas, lessee has indicated a
to properly keep and maintain said
with standards established by lessor;
willingness and ability
premises in accordance
and
Now, therefore, know all men by these presents:
ARTICLE I
PREMISES, PRIVILEGES A~D CONDITIONS
That for and in consideration of the terms, conditions
and covenants of this lease to be performed by lessee, all
of which lessee accepts, lessor hereby leases to lessee and
lessee hereby hires from lessor certain property, together
with any improvements thereon, hereinafter called "demised
premises", and certain attendant privi leges, uses and
rights, as hereinafter specifically set out.
A. Description of Premises Demised. The demised
premises are 16' by 29' outlined in red on the plat marked
Exhibit "A" and 198.4 square feet being the area outlined in
red on the plat marked Exhibit "A-I" and the personal
property descr ibed on Exhibit "C," all Exhibi ts being
attached hereto and incorporated herein for all purposes,
B. Description of General Privileges, Uses and
Rights, Lessor hereby grants to lessee the following
general privileges, uses and rights, in common with others,
all at which shell be subject to the terms, conditions and
covenants hereinafter set Corth and all of which shall be
For the purpose of this lease, "public airport
facilities" shall include all necessary landing
area appurtenances, including, but not limited to,
approach areas, runways, taxiways, public aprons,
public automobile parking areas, public roadways,
public sidewalks, navigational and avigational
aids, lighting facilities, public terminal facil-
ities ur other public facilities appurtenant to
said airport.
(2) The right of ingress to and egress from the
demised premises over and across public roadways
and airport property serving the airport for
lessee, its agents, employees, servants, patrons,
invitees, suppliers of service and furnishers of
material.
(3) Said rights above shall be subject to such ordi-
nances, rules and regulations as now or may
hereafter have application at the airport.
C, Description of Specific Privileges, Uses and
Rights. In add i t ion to the general pr i vi leges, uses and
rights hereinabove described and without limiting the
generality thereof, lessor hereby grants to lessee the right
to engage in commercial aviation activities, as defined in
paragraph d below, subject to the conditions and covenants
hereinafter set out.
D, Definition of Commercial Aviation Activities and
Fixed Base Operation. "Commercial Aviation Activities and
Fixed Base Operation" are hereby defined as those activities
which involve the sale of aviation services for profit to
the general public, Said aviation services shall include:
(1)
(2)
(3)
(4)
(5)
(6)
The loading and unloading of
lawful activity as incidental
any services or operations
paragraph.
The training on the airport of personnel in the
employ of lessee and/or lessee's tenants and
sublessees and the training on the airport of
members of the general public as students, or
otherwise in any art, science, craft or skill
pertaining directly or indirectly to aircraft.
aircraft in any
to the conduct of
outlined in this
The operation and sale of sightseeing service.
The operation and
graphy and mapping
sale of
services.
aerial
survey,
photo-
The operation of schools for the instruction of
flying, navigation, aerial survey, photography,
aircraft design, theory and construction.
Subj ec t to the pri or wr it tell approva I of lessor,
the under tak i ng of any phase of av ia t ion ac t i v ity
in any way contributing to air transportation or
aerial navigation.
(1) That lessee will abide by and comply wi th 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 Par is and all laws
of the State of Texas governing citizens and
property within the City of Paris.
(2) That the lease is subject to all the terms,
provisions and conditions of the deed of con-
veyance 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, his 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 Secre-
tary, Part 21, Nondiscrimination in Federally-
assisted programs of the Department of Trans-
portation-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 (1) no person on the grounds of race, color
or national origin shall be excluded from par-
ticipation in, denied the benefits of, or be
otherwise subjected to discrimination in the use
of said facilities, (2) 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
sball be excluded from participation in, denied
the benefits of, or otherwise be subjected to
discrimination, (3) 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 Vl of the Civil Rights Act of 1964, and
as said Regulations may be amended.
(5) That lessee shall comply with all conditions an
requirements established in Department of Trans-
portation, Federal Aviation Administration, Grant
ARTICLE II
Obligations of Lessor
A, Clear Title. Lessor covenants and agrees that at
and until the granting of this lease it is well seized of
the leased premises and has good title thereto, free and
clear of all liens and encumbrances having priority over
this lease; and that lessor has full right and authority to
lease the same as herein set forth.
Lessor further covenants that all things have
happened and been done to make its granting of said lease
effective and lessor warrants to lessee peaceful possession
and quiet enjoyment of the leased premises during the term
hereof, upon performance of lessee's covenants herein.
B. Operation as a Public Airport, Lessor covenants
and agrees that during the term of this lease it will
operate and maintain the airport and its public airport
facilities, as defined hereinabove, as a public airport
consistent with and pursuant to the sponsor's assurances
given by lessor to the United States Government through the
Federal Airport Act,
C, Condition and Maintenance of Premises. Upon
execution of this agreement, lessor shall not assume respon-
sibility or liability as to the condition of the premises
and personality demised hereunder and shall not assume
responsibility or liability for maintenance, upkeep, or
repair necessary to keep said premises in a safe and
serviceable condition, and that lessor shall maintain the
exterior and the public access areas ot the airport terminal
buildings, crash truck and the runway and taxiways, painting
and lettering, furnishing of light bulbs, toilet paper,
towels, wax, buffer, window panes, paint and buckets, air
conditioning filters and other maintenance items to be used
by lessee in maintaining the public access areas including
but not limited to the terminal.
D. Aeronau tical Ac t i v i ty Permi t, Upon tbe execut ion
of this agreement, lessees making application for aero-
nautical activity permit, and meeting the requirements for
such permit the City of Paris will issue such permit or
permits.
ARTICLE III
Obligations of Lessee
A. Net Lease. Except as herein specifically pro-
vided, the use and occupancy of the demised premises by
lessee shall be without cost or expense to lessor, It shall
be the sole responsibility of lessee to keep the terminal
building clean, at lessee's sole cost and expense.
B. Minimum Hours of Operation. Lessee shall maintain
FBO and fuel sales operation from 8:00 A.M. to Sundown year
round, except that on days in which inclewent weather
eliminates the likelihood for further airpor~ services for
D, Minor Repair and Refurbishing. Lessee shall
inform the airport manager of proposed refurbishing, repair
and minor improvements none of which threaten the structural
integrity of facilities three (3) days in advance of the
proposed improvements and such improvements will be disap-
proved within 24 hours; otherwise, lessee's proposed
improvements may be commended and completed.
E, Maintenance, Lessee shall, at its sole cost and
expense, maintain all the premises demised hereunder, and
the improvements and appurtenances thereto, in a presentable
condition consistent with good business practice in a safe,
neat, sightly and good physical condition. Lessee shall
repair all damages to said premises caused by its employees,
patrons, or its operation thereon; shall maintain and repair
all equipment listed on Exhibit C, attached hereto, except
as herein otherwise specifically provided, reasonable wear
and tear and casualty by fire or the elements.
F, Commercial Aviation
agrees that any commercial
premises shall be conducted
courteous manner. Lessee
activity on the airport,
Operations by Lessee. Lessee
aviation operations on the
in a proper, efficient and
agrees to promote aviation
Lessee further agrees that all said services shall
be furnished on a fair, equal and nondiscriminat.ory basis to
all users thereof, and that only fair, reasonable and
nondiscriminatory prices for each unit of sale or service
will be charged.
G. Trash, Fire Extinguishers, etc. Lessee shall
provide a complete and proper arrangement for the adequate
sanitary handling and disposal away from the airport of all
trash, garbage, and other refuse caused as a result of the
operation of its business, Lessee shall provide and use
suitable covered metal receptacles for all such garbage,
trash and other refuse in his area. Piling of boxes,
cartons, barrels or other similar items in an unsightly or
unsafe manner on or about the demised premises shall not. be
permit ted,
Lessee shall also
condition readily accessible
and 0 f a type approved by
ticular hazard involved.
provide and maintain in proper
fire extinguishers in a number
fire underwriters for the par-
H. Air Crash And Rescue Services, Lessee shall
provide air crash and air rescue services utilizing the
crash truck provided by lessor with lessee performing
routine maintenance thereon and with lessor performing heavy
maintenance and repair. Lessee will furnish one person with
crash rescue training and will be responsible for all cost
of certification process, with lessor furnishing supple-
mental fire training through City of Paris Fire Department.
I, Signs, Lessee shall not maintain upon the outside
of any improvements or elsewhere on the demised premises any
billboards or advertising signs without the prior written
consent of the airport manager, Flashing lighted signs
ARTICLE IV
Term of Leasehold
Term. The term of this lease shall be for a
period of 5 years commencing February 8, 1993, and ending
February 7,1998. If lessee exercises and performs clll of
its duties and obligations hereunder during the term hereof,
then upon applying in writing not less than six (6) months
nor more than nine (9) months before the end of the said
term, lessee shall have an option for a term of five (5)
years beginning February 8, 1998, and ending February 7,
2003, with the lease for such additional period to be on the
same terms and conditions as the initial term.
ARTICLE V
RENTAL FEE
A. Flowage Fee in Lieu of Rental for Ground and
Equipment. As annual ground and equipment rental for real
and personalty shown on Exhibit "A", "B" and "c" attached
hereto Lessee shall pay to Lessor a fuel flowage fee as
follows:
From To Ga lIons Fee per Ga lIon
0 135,000 $ .05
135,000 200,000 .06
200,000 250,000 .07
250,000 300,000 ,08
300,000 Infinity .09
B, Time of Payment. All fuel flowage fees sha 11 be
paid on or before the third day of the month following the
month in which the sale was made.
C. Payment for Office Rental. The 196.4 square feet
of office space described on Exhibit A-I attached hereto is
leased to LESSEE at the monthly rate of $53.00, which shall
be paid monthly on or before the 3rd day of the month
following the month for which the same is due.
ARTICLE VI
Insurance, Indemnification and Performance Security
A. Fire Insurance. During the full term of this
lease, lessee shall, at its sole cost and expense, cause all
improvements constructed by it on the demised premises to be
kept insured to the full insurable value thereof against the
perils of explosion, fire and like perils.
Said insurance shall be procured from a company
authorized to do business in the State of Texas and Satis-
factory to lessor, and lessee shall provide evidence satis-
factory to lessor that such coverage has been procured and is
being maintained,
and shall contain a provision
or renewal of such Insurance
least thirty (30) days after
been delivered to lessor,
tha t no change, cance lla t ion
shall take effect until at
notice thereof in writing has
B. Indemnification. Lessor shall stand indemnified
by lessee as herein provided. Lessee is and shall be deemed
to be an independent contractor and operator responsible to
all parties for its respective acts or omissions, and lessor
shall in no way be responsible therefor. Lessee covenants
and agrees to indemnify, hold harmless and defend, at its
expense, lessor, its officers, agents, servants or employees
from and against any and all claims or suits for damages or
injury, including death, to any and all persons or property,
of whatsoever kind or character, arising out of or incident
to the leasing, use, occupancy, or maintenance of the
premises by lessee, its officers, agents, employees,
patrons, contractors, subcontractors, licensees or invitees;
and lessee does hereby assume all liability and responsi-
bility of lessor, its officers, agents, servants, and
employees for any and all claims or suits for damages or
injuries, including death, to any and all persons or
property, of whatsoever kind or character, whether real or
asserted, occurring during the term of this lease in con-
nection with the use, occupancy or maintenance of the
premises by lessee, its officers, agents, employees,
patrons, contractors, subcontractors, licensees or invitees;
and lessee hereby indemnifies and holds harmless lessor for
any and all damage or destruction to lessor's property
arising out of the acts or omissions of lessee, its
officers, agents, employees, contractors, subcontractors,
licensees, invitees, or patrons. Lessee shall pay promptly
when due all bills or charges for construction or main-
tenance as well as any other amounts due for material,
services and labor furnished in connection herewith, and
shall indemnify lessor for nonpayment of same, Lessee shall
indemnify lessor against any and all mechanics' and
materialmen's liens or any other type of claims or liens
imposed upon the premises demised hereunder arising as a
result of lessee's conduct or inactivity.
C. Public Liability Insurance, Lessee shall maintain
in force throughout the terms of this lease and any exten-
sion thereof public liability insurance for personal injury
or death and property damage in a minimum sum of One Million
and NollOO dollars ($1,000,000.00) arising out of anyone
accident or other cause and furnish lessor a certificate
thereof, specifically noting thereon that lessor is an
additional insured,
D. Third Party Excess Liability Insurance. Lessee
shall require of the petroleum product supplier a policy of
third party excess liability insurance in the minimum amount
of Five Million and No/IOO dollars ($5,000,000,00) and that
such supplier furnish to lessee who will in turn furnish to
lessor a certificate thereof.
E, Workers' Compensation Insurance. Lessee shall
maintain in force throughout the terms of this lease and any
extension thereof a policy of Workers' Compensation Insurance
lease, or shall deposit with the lessor copies of said
policies.
Said policies or certificates shall contain a
provision that written notice of cancellation or of any
material change in said policy by the insurer sha 11 be
delivered to lessor thirty (30) days in advance of the
effective date thereof.
F. Landlord's Lien, Lessee hereby gives, grants and
pledges unto lessor a contractual landlord's lien upon all
proper ty, tang i ble or i ntang i ble, and proper ty rights
belonging to lessee now or at any time hereafter placed in
or upon the demised premises to secure the prompt payment of
all rentals and fees and the performance of any 6r all
covenants and obligations to be kept and performed by lessee
hereunder.
ARTICLE VII
Cancellation Assignment and Transfer
A. Cancellation by Lessor. This lease shall be
subject to cancellation by lessor in the event lessee shall:
(1) Be in arrears in the payment of the whole or any
part of the amounts agreed upon hereunder for a
period of fifteen (15) days after the time such
payments become due,
(2) Make a voluntary or involuntary assignment for the
benefit of creditors,
(3) File a voluntary petition in bankruptcy.
(4) Abandon the demised premises.
(5) Default in the performance of any of the material
covenants, and conditions required herein.
In any of the aforesaid events, lessor shall give
lessee written notice of such breach or default, an lessee
shall immediately correct same. If within thirty (30) days
from the date of such notice, the breach or default com-
plained of shall not have been corrected, then and in such
event, lessor shall have the right {:o declare this lease
immediately terminated as to the balance of the term herein,
and may forcibly, if necessary, reenter and take immediate
possession of the demised premises and remove or seize
lessee's effects under the preference lien granted to secure
performance of lessee's obligations hereunder without being
deemed guilty of any nature of trespass; provided, however
that in the event that subsections (2) and/or (3) occur,
lessor shall not be required to give written notice to
lessee, but lessee shall have thirty (30) days from the
occurrence of said event to correct same, This lease, or a
copy hereof, shall be sufficient warrant for any person.
All rental due hereunder shall be payable to said date of
termination.
ll, Assignment and Transfer,
ass igned in whole or in par t by
written consent of lessor and
without such prior written consent
This lease shall not be
lessee without the pr ior
any attempted assignment
shall be void.
C. Suspension of Lease. During the time of war or
national emergency, lessor shall have the right to lease the
landing area at any part of said airport to the United
States Government for military or naval use, If any such
lease is executed, any provisions of this instrument which
are inconsistent with the provisions of the lease to the
government shall be suspended, Nothing contained in this
lease shall prevent lessee from pursuing any rights which
lessee may have for reimbursement from the United States
Government for the taking of any part of this leasehold or
for any loss or damages caused to lessee by the United
States Government,
ARTICLE VIII
Rights Upon Termination
A, Upon termination of this lease other than under
Article VII, paragraph A hereof, lessee shall immediately
remove all personal property from the demised premises and
return the premises and improvements thereon to lessor in a
good state of repair. Any property remaining on the prem-
ises after termination shall, at lessor's sole option,
become the property of lessor or same may be removed and/or
disposed of in any manner deemed appropriate by lessor,
Lessor shall not be liable in any manner for such removal
and/or disposal; and the cost and expense of such removal
and/or disposition shall be paid by lessee.
B, Purchase of Equipment. Lessor and Lessee acknowl-
edge that this lease arises from a prior Cox Field fixed
base operator lease between the City of Paris, a municipal
corporation, and between the City of Paris and Saber
Aviation has heretofore been assigned to J, B. Richey, Inc,
and that to further cffect and maintain the rights of the
City of Paris as set forth in the Saber lease, Lessee, J, B.
Richey, Inc., does acknowledge that under the prior lease,
an does grant under this lease, a right to the City of Paris
to repurchase the 1972 International jet fuel truck on the
following terms:
Until March 11, 1994--$12,000,00;
On March 12, 1989--$9,500,00,00;
On March 12, 1990--$6,500.00;
On March 12, 1991 and any subsequent years--$6,000.00,
In the event J. B, Richey, Inc. fails to perform as required
in this contract, then the Lessor shall repurchase said fuel
truck paying therefore the price established by said above
described schedule which recognizes a final salvage value of
$6,000.00. Lessee does further, in order to effectuate the
lease, agrees to deliver the title to the fuel truck to the
City of Paris or to show the City of Paris as a lienholder
thereon.
establishment thereof are excluded from this lease, to-wit:
(1) Taxi ground transportation for hire.
(2) News.
(3) Barber and valet service.
(4) Alcoholic beverage sales,
B. Attorney's Fees. In any action brought by
for the enforcement of the obligations of lessee,
shall be entitled to recover interest and reasonable
ney's fees, if successful in the action.
lessor
lessor
attor-
C. Subordination of Lease. This lease shall be
subordinated to the provisions of any existing or future
agreement between lessor and the United States relative to
the operation or maintenance of the airport, the execution
of which has been or may be required as a condition prece-
dent to the expenditure of federal funds for the development
of the airport.
D, Paragraph
contained herein are
are not intended to
vision of this lease.
Headings,
for the
define or
The paragraph headings
convenience in reference and
limit the scope of any pro-
E. Notices. Notices to lessor provided for herein
shall be sufficient if sent by certified mail, postage
prepaid, addressed to airport manager, Cox Field, P. D. Box
9037, Paris, Texas 75461-9037, and notices to lessee if sent
by certified mail, postage prepaid, addressed to J, B.
Richey, Inc., c/o J, B, Richey, Route 1, Box 98, Cooper,
Texas 75432 or to such other addresses as the parties may
designate to each other in writing from time to time,
F. Successors and Assigns. All of the terms, cove-
nants and agreements herein contained shall be binding upon
and shall inure to the benefit of successors and assigns of
the respective parties hereto,
G, Venue. The venue of any action brought on this
contract shall lie in Lamar County, Texas.
Executed at Paris, Lamar County, Texas, this 4th day of
February, 1993.
CITY OF PARIS
By
George Fisher, Mayor
ATTEST:
Mattie Cunningham, City Clerk
ATTEST:
Jeanette Richey, Secretary
J. B. RICHEY, INC.
By:
J. B. Richey, Owner