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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