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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: "---- l I LEASE PROPERTY (439 ACRES) I~ I~ I~ I~ I~ '" t'" . \~ ~ .... '" > 0) > '" 0) en I~ '" >-l > > c: '" '" "" ~ '" '" >-l en t'" ~ '" '" ~ > ~ > en "" '" "" \~ .... ~ ~ ::z: ::z: x '" .... '" :os ~ 0 x ~ '" .., '" ~ .... '" '" 0 t'" c: '" x n >-l '" '" > .... :os .... '" 0 '" .... "" "" >-l '" 0 > :x: '" ~ III .... :.: '" I." >-l '" !I' ~ :os '" I ~ '" z trj '" '" en ~ ~ 0