1992-038-RES WHEREAS, the City Council of the City of Paris did, in Resolution No. 92-030 on April 13, 1992, approve
RESOLUTION NO.
92-03B
WHEREAS, the City Council of the City of Paris did, in
Resolution No. 92-030 on April 13, 1992, approve the
advertisement for bids for the Cox Field Pasture Lease, which
bids were received until 3:00 o'clock P.M., Tuesday, May 5,
1992; and,
WHEREAS, the best bid for such pasture lease was made by
CAREY ETHERLY and he should be awarded the bid for such Cox
Field Pasture Lease; and,
WHEREAS, the form of Pasture Lease Agreement attached
hereto as Exhibit A, should be approved, and the Mayor should
be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the Bid of CAREY ETHERLY, for the Cox Field
Pasture Lease for the consideration of 3/4 mile of new fence
per year and $2,653 per year for the option 5 years is hereby
accepted and let conditioned upon said lessee meeting all of
the terms and conditions included in the Pasture Lease
Agreement, attached hereto as Exhibit A; and,
BE IT FURTHER RESOLVED, that the form of Pasture Lease
Agreement attached hereto as Exhibit A, is hereby approved,
and 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 the Pasture Lease Agreement with
CAREY ETHERLY, upon the terms and conditions and in the form
shown in Exhibit A attached hereto.
Passed and adopted this 11th day of May, 1992.
~~st~r
ATTEST:
~~,:,.~}\~.^"~
Mattie Cunningham, Cit Cler
FORM:
ity Attorney
KNOW ALL MEN BY THESE PRESENTS:
purpose for which a Department of Transportation program or
activity is extended or for other purposes involYing 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 Regulation may be amended.
4. LESSEE, his successors or assigns, agrees that (1) 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, (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 shall
be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (3) that LESSEE shall
use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulation,
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 will abide and comply by all rules,
regulations, ordinances and laws pertaining to the use of the
airport located at Cox Field, including but not limited to the
..u.!_...:.......... Artministration
7. That if in the course of using such premises for the
permitted purposes, LESSEE desires to build at his expense a barn
or shed for the use in the pursuit of such uses it will be so
permi tted, if the loca t ion is approved by the Ai rpor t Advi sory
Board and such structure does not violate any of the rules or
regulations of the City of Paris or the Federal Aviation
Administration, and upon termination of the lease LESSEE will be
permitted to remove the same within sixty (60) days after
expiration or termination of this lease.
8. LESSEE shall at all times keep the inner perimeter free
of debris, trash and litter and in the event LESSEE deposits mud
and debris upon the runway, he will be charged the total cost of
removing the same for which he will receive a bill and the
failure to pay the same will be a default of this lease
agreement.
9. The areas within the lease boundaries not cut for hay,
shall be shredded twice annually by LESSEE. Hay bales shall be
promptly removed, storing of same on the premises is not
permitted.
10. That LESSEE will take good care of the leased premises
and be responsible for and make good to CITY all injuries and
damages to same caused by LESSEE or those under him, and will
re-deliver same to CITY at the expiration or termination of this
lease in as good condition as when received, usual wear and tear
alone excepted; and LESSEE will, at the termination or expiration
of this lease, peaceably yield up to CITY all and singular the
premises and all future erections, additions or repairs to or
upon same in good tenable repair, including but not limited to
equipment, fences owned by the City of Paris and fences acquired
or erected by LESSEE.
12. That in the event this lease is terminated during its
primary term through no fault of LESSEE, then and only then, CITY
will reimburse LESSEE for his pro rated cost of any improvements
such as fences giving the improvement a life equal to the
remainder of the primary term existing at the time of completion
of construction of said improvement.
13. The City of Paris reserves the right of all concession
and the right to park aircraft along the taxiways and runways in
the event an air show is sponsored by the City of Paris or
assignees.
14. That it shall be lawful for CITY, its agents or
employees, to enter upon and into the lease premises and every
part thereof at all times for the purpose of inspecting and
examining the condition thereof.
15. That LESSEE will not assign this Lease or sublet the
leased premises or any part thereof without the written consent
of CITY first had and obtained. The City of Paris will not
withhold such consent unreasonably.
16. That LESSEE will, at his own expense keep all fences in
good condition and repair at all times and also will keep all
gates, entrances and other structures used by him in good
condition and repair. In the event LESSEE's livestock gets into
the prohibited area on and adjacent to the runway there will be a
charge made of Ten and nollOO Dollars ($10.00) per head for
removal of said livestock.
17. That LESSEE agrees to indemnify, save, keep and hold
harmless CITY 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,
of repair, LESSEE hereby waiving any defects therein and agree to
hold and save CITY harmless from all claims for any such damages
or injuries, and LESSEE must at all times during the term of this
agreement, and any extensions thereof, 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 bod ily inj ury or dea th 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 UpOl. 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 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 CITY as an additional insured, subject
to approval by the City Attorney of the City of Paris, and LESSEE
or his insurance carrier or carriers shall deliver a copy of any
such policies to the City Clerk of the City of Paris, 150 1st
S.E. Street, 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 thereof
and specifically noting thereon that CITY is an additional
insured. All such policies shall be written so that the CITY
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 LESSEE
at the following address: City Clerk, City of Paris, P. O. Box
to correct such discrepancy, and in the event such default,
failure or refusal is not corrected within said thirty 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 CITY's Airpore 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.
19. That LESSEE will use the property leased as a permanent
pastureland with legumes and perennial grasses. No continuous
row cropping is allowed. It is understood and agreed that LESSEE
will be responsible for seed bed preparation, fertilization,
plant ing, weed control and harves t ing of crop. Dur ing the term
of this lease or any extension thereof, LESSEE shall follow ASCS
recommendations for annual fertilization with primary product
being organic fertilizer, a copy of which recommendations shall
be filed with the City Clerk of the City of Paris at least
annually. The maximum height of weeds and grasses shall be three
(3) feet. LESSEE will notify Airport Manager of date and time
when area will be fertilized.
19. That the CITY may at its option terminate this lease as
to the entire tract, or any part thereof, which may be necessary,
in the event the CITY desires to use the property, or any portion
thereof, for necessary municipal functions, such as extension of
runways or erection of other airport facilities, or if the
property shall be utilized for industrial development. In the
event of either of the above contingencies the CITY shall give
LESSEE ninety (90) days notice in writing of its intention to so
utilize the tract, or any portion thereof, for the above
hereby given and granted to LESSEE to renew and extend this lease
for an additional period of five (5) years from and after the
expiration of this agreement, for and in consideration of the sum
of $13,265.00 payable in equal annual installments of $2,653.00
each, the first of which will be due and payable on or before May
15, 1997, with a like payment being due and payable on or before
the 15th day of May of each year thereafter during the term of
said five year option period. Said option may be exercised by
LESSEE's giving notice in writing of LESSEE's intention to renew
said lease on or before the 1st day of January, 1997.
Executed on this 11th day of May, 1992.
CITY OF PARIS, PARIS, TEXAS
George Fisher, Mayor
ATTEST:
Mattie Cunnignham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
LESSEE
CAREY ETHERLY
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
'H'k'm>!" Mk' rh" IInrl"r"icm"rl ,,"rhnritv. nn this day oersonally
STATE OF TEXAS ~
~
COUNTY OF DALLAS ~
BEFORE ME, the undersigned authority on this date personally
appeared CAREY ETHERLY, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
May, 1992.
day of
Notary Public, State of Texas
Printed Name:
My Commission Expires:
"----
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