1993-027-RES WHEREAS, the City Council of the City of Paris did heretofore on the 13th day of February, 1989,
RESOLUTION NO. 93-027
WHEREAS, the City Council of the City of Paris did
heretofore on the 13th day of February, 1989, authorize the
Airport Advisory Board Chairman and the Director of Community
Facilities to approach local industries to seek contributions
to support the installation of an Automatic Weather Observing
& Reporting System (AWOS) facility at Cox Field Airport; and,
WHEREAS, the U. S. Department of Transportation, Federal
Aviation Administration is desirous of leasing space at Cox
Field Airport for a period of six months beginning March 1,
1993, and ending on September 30, 1993, with the option of
renewal from year to year unless Government gives the City of
Paris thirty (30) days' written notice that it will not
exercise its option before the original or any renewal
thereof expires, provided that no renewal shall extend this
lease beyond the 30th day of September, 2013; and,
WHEREAS, said leased property is leased for the purpose
of having an Automatic Weather Observing & Reporting System
(AWOS) constructed and located thereon; and,
WHEREAS, the cons iderat ion for leas ing sa id space and
the right of ingress and egress to and from the premises in
accordance with the lease agreement enclosed herewith as
Exhibit A will be the installation of the AWOS; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that the City Manager of the City of Paris, Michael E.
Malone, be, and he is hereby authorized and directed to
execute on behalf of the City of Paris Lease No.
DTFA07-93-L-Ol143 with the U.S. Government, Federal Aviation
Administration, upon the terms and conditions and in the form
of Exhibit A attached hereto.
Passed and adopted this 25th day of February, 1993.
~L~ ~~
G rge isher, Mayor
ATTEST:
Cunningham,
APPROVED AS TO FORM:
AJ~/
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, TX 76193-0056
Lease No.: DTFA07-93-L-Ol143
Automatic Weather Observing &
Reporting System (AWOS)
Cox Field, Paris, Texas
LEASE
between
CITY OF PARIS
and
THE UNITED STATES OF AMERICA
This LEASE, made and entered into this 25th day of February in the
year one thousand nine hundred and ninety-three, by and between CITY OF PARIS,
whose address is P.o. Box 9037, Paris, Texas 7546 I for itself, its
executors, administrators, successors, and assigns, hereinafter called the
Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the consideration hereinafter
mentioned covenant and agree as follows:
1. For the term beginning March 1, 1993, and ending September 30, 1993, the
Lessor hereby leases to the Government the following described property,
hereinafter called the premises, VIZ:
AWOS site and cable route, as shown on Drawing No. PRX-AWOS-GOO,
dated 9/28/92, designated Exhibit "A", and panel board installed
in terminal building as shown on Drawing No. AWOS-E03, dated
10/02/92, designated Exhibit "B," attached hereto
and made a part hereof.
a. Together with a right-of-way for ingress to and egress from the
premises; a right-ai-way or rights-of-way for establishing and maintaining a
pole line or pole lines for extending electric power, and telecommunications
facilities to the premises; and right-of-way for subsurface power,
communication and 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
by metes and bounds, to be by routes reasonably determined to be the most
convenient to the Government.
1
EXHibiT A
Lease No. DTFA07-93-L-01143
Automatic Weather Observing
and Reporting System (AWOS)
Cox Field, Paris, Texas
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 air navigation and telecommunications
facilities.
c. And 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. RENEWAL OPTION:
This lease may, at the option of the Government, 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 the Lessor thirty (30) days'
written notice that it will not exercise its option before this lease or any
renewal thereof expires; PROVIDED that no renewal shall extend this lease
beyond the 30th day of September 3D, 2D13.
3. RENT:
The Government shall pay 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 obligation assumed by the Government in its
establishment, operation, and maintenance of AWOS facilities upon the premises
hereby leased.
4. CANCELLATION:
The Government may terminate this lease at any
thirty (30) days' notice in writing to the Lessor.
by certified or registered mail.
time by giving at least
Said notice shall be sent
5. PROMPT PAYMENT:
The Prompt Payment Act (Public Law 97-177) and Prompt Payment Act
Amendments of 1988 (Public Law 100-496) are applicable to payments and
interest on overdue payments under this lease.
2
Lease No. DTFA07-93-L-01143
Automatic Weather Observing
and Reporting System (AWOS)
Cox Field, Paris, Texas
6. OFFICIALS NOT TO BENEFIT:
No Member of or Delegate to Congress, or Resident Commissioner shall be
admitted to any share or part of this lease, or to any benefit that may arise
therefrom; but this provision shall not be construed to extend to this lease
if made with a corporation for its general benefit.
7. LESSOR WARRANTY:
The Lessor warrants that no person or selling agency has been employed or
retained to solicit or secure this lease upon an agreement or understanding
for a commission, brokerage, percentage or contingent fee, except bona fide
employees or bona fide established commercial or selling agencies maintained
by the Lessor for the purpose of securing business. 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 amounts otherwise due
under this lease or other consideration, the full amount of such commission,
brokerage, percentage, or contingent fee.
8. INTERFERENCE:
The Lessor agrees not to erect, or to allow to be erected on the leased
property or on adjacent property of the Lessor, any structure or obstruction
of whatsoever kind or nature as will interfere with the proper operation of
the facilities installed by the Government under the terms of this lease
unless consent thereto shall first be secured from the Government in writing.
9. NON-RESTORATION:
It is hereby agreed between the parties that upon termination of its
occupancy the Government shall have no obligation to restore and/or
rehabilitate, either wholly or partially, the property which is the subject
matter of this lease. It is further agreed that 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. Notice of abandonment will
be conveyed to the Lessor in writing.
10. FUNDING RESPONSIBILITY CLASS I - II FACILITIES:
The airport owner agrees that any relocation, replacement, or modification
of any Federal Aviation Administration Class I and Class II facilities, or
components thereof, as defined below, covered by this lease during its term or
any renewal thereof made necessary by airport improvements or changes which
impair or interrupt the technical and/or operational characteristics of the
facilities will be at the expense of the airport owner; except, when such
improvements or changes are made at the specific request of the Government.
In the event such relocations, replacements, or modifications are necessitated
due to causes not attributable to either the airport owner or the Government,
funding responsibility shal~ be determined by the Government.
3
Lease No. DTFA07~93-L-01143
Automatic Weather Observing
and Reporting System (AWOS)
Cox Field, Paris, Texas
CLASS I FACILITIES
Remote Transmitters/Receiver {Tower}
Airport Traffic Control Towers
Airport Surveillance Radars
Airport Surface Detect~on Equipment
Precision Approach Radar
and Components
ILS and Components
Service Stations
Visual Landing Aids
Direction Finding Equipment
VOR's, TVOR's, and VORTAC's
(Instrument Approach)
Weather Observing and Measuring ALS
Equip.
(Owned and operated by FAA) F1igh~
Central Standby Powerplants
CLASS II FACILITIES
Long Range Radar
Air Route Traffic Control Centers
Remote Control Air-Ground
Communication Facility
VOR and VORTAC (en route only)
Flight Service Station
Remote Communications Outlet
Limited Remote Communications Outlet
Other En Route Facilities
11. NOTICES:
All notices sent to the parties under the lease shall be addressed as
follows:
To the Lessor: City of Paris, Attn: Dick Boots, Director of Facilities,
P.o. Box 9037, Paris, Texas 75461
To the Government: Department of Transportation, Federal Aviation
Administration, Southwest Region, ATTN: ASW-56, Fort Worth, TX 76193-0056
IN WITNESS WHEREOF, the parties hereto have subscribed their names as of
the date first above written.
CITY OF PARIS
APPROVED AS TO FOR].!:
By:
Nichael E. ~lalone
Title: Ci ry Hnn;10'pr
T. K. Haynes, City Attorney
THE UNITED ,STATES OF AMERICA
)
/ ,
By: / /(
- //James R. Bemis
Title: Contractino Officer
4